• Problematic Contract Cannot Pass Title

    By Guest on 16th May 2017

    I have an unusual and difficult situation. A valuable property with a plot of land was sold under a court order in divorce proceedings where one full joint owner was kicked off the selling process by a court order made in very suspect circumstances. This gave one owner control of a sale which needed careful management due to land on the same title deed as the house. Fast forward. The marketing was suspect. The property was not described fully nor exposed fully to market and underselling was very apparent. The court orders had left one owner impotent to these actions as a clause had been added unseen and sealed into the court order giving sole control to one party! Again fast forward. The sale unfolding was unlawful on numerous counts not least that the kicked off owner was not kept informed as an interested party and was refused this obligation by the agent. Importantly there was no evidence of any selling contract with the agent as with only one owner presumably one could not exist. A low offer which made no sense of the true property value was signed by court despite kicked off owner's human rights being breached and their concerns put to court about not being ID'd nor money launder checked by anybody in the process being problematic and itself unlawful.The court signed in place of this owner. There were restrictions on the title deeds which the contract for sale limited recourse to the buyer on as one was a fraud restrction in respect of both proprietors. The Land Registry cannot pass title as the court orders do not permit what has been done by the court. There are issues as the seller (the kicked off owner) has not been ID'd and is not the Judge who signed in their place! The selling contract limits any recourse to the buyer as it has been altered to state they knew there were the restrictions on the deeds which were not removed and they went ahead despte this. The Land Registry have cancelled passing of title at each attempt by the buyer. This extraordinary situation persists. It seesm the selling contract has various clauses removed. It is as if the court and conveyancing solicitor who was ordered by court to act on behalf of BOTH owners (despite kicking one off!) have panicked and pushed an unlawfully constructed sale through despite concerned warnings by the kicked off owner. More surprisingly the buyer's solicitors have agreed to the terms. Can you offer any forensic contract assessment to see the full implications of what has occurred? The kicked off buyer does not necessarily have the final version of the contract by nature of being sidelined and seeks the final version. Any advice on legal rights to this as a full joint owner (property held as tenants in common)and also to copies of the banking transactions to see what was really paid for the property and the land?

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