Vendor "judgement" preventing sale from closing

[aflemin2]

Am a first time buyer and have paid deposit and signed contract on a house.

On the morning of the planned closure, my solicitor did a search on the Vendor and found that the vendor has a judgement outstanding on him for 18k. Vendors solicitor says vendor is "disputing" the judgement. I believe the judgement has nothing to do with the property in question and vendor is wealthy.

Solicitor tells me that he can't close the sale until vendor agrees to pay judgement.

Money has been drawn down, contract signed.

What are my options? Can i get out?

Should my solicitor have seen this coming?

 

[ninsaga]

"Should my solicitor have seen this coming?"

Ouch...can't talk to the rest of it but it could be that the solicitor did a check at the start of the proceedings & everything was ok then...& onl since then did this judgement occur!

 

[MOB]

"Solicitor tells me that he can't close the sale until vendor agrees to pay judgement."

A substantial minority of solicitors would take this attitude, but I do not agree with it. If it is a judgment mortgage (i.e. a judgment which has been specifically registered against the property) then it would indeed be an insuperable obstacle, but a mere judgment is not a bar to completing the purchase. Certainly it complicates matters a little: If it is merely a judgment, as opposed to a judgment mortgage, ask your solicitor to get an opinion from counsel on the steps open to you to complete the purchase. Expect an extra €600 or so in transaction costs.

Should your solicitor have seen this coming? No - closing searches are the norm; earlier judgment searches are not the norm.