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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
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Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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Hi, a TR1 (transfer of property document) was completed (through

Resolved Question:

Hi, a TR1 (transfer of property document) was completed (through solicitors) between 2 parties - (a) the seller of property x and b) the buyer of property x) which incorporated an additional list of" special conditions". The property was transferred for a nominal sum, a fraction of its true market value because there were a number of legal charges registered against the property. The buyer had full knowledge of the encumbrances and agreed not to challenge these in line with the "special conditions" annexed to the TR1. Both parties by signing agreed to be bound by the terms of these special conditions. One of these stated that " title to the sale of the above property having been deduced prior to the date hereof, the buyer shall be deemed to have full knowledge thereof and shall raise no requisition or objection in respect thereof" However "the buyer" has now sought to assert his interest in the property and is claiming legal ownership of the properties and challenging the right of one of the charge holders to exercise the right to sell the property under a power of sale. "The buyer" has clearly broken the contact. Can you please tell me what position the charge holder is in in exercising the power of sale and confirm whether or not "the buyer" has any recourse from them.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

You are quite correct in what you say- the Buyer takes the Property, subject to the Charges, and if any of the holders of the Charges wish to take action to enforce their Charge by way of a Sale, then this is something between him and the Buyer, and the Buyer certainly does not have any claim against the Seller if this happens.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 1 year ago.

Thanks for your prompt response. The matter is a bit more complicated in that there is also some legal debate about what if anything was transferred to the buyer by the seller other than beneficial interest as the charges remained in place and the transfer was subject to them anyway. However what I would like to know is the buyer who is in occupation of the property in in breach of the contract with the seller in that he has raised a "requisition" and or "objection" by challenging the charge holder. Does this entitle him to remain in the property in spite of this breach or does the new registered owner have the right to have him evicted by court order. Put another way, does the "buyer" have any legal claim to the property?

Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

The Buyer has legally purchased the Property, so is entitled to reside in there, until such time as any of the Charge holders obtains a repossession order evicting him.

 

Likewise, it is up to the Buyer if indeed he wishes to try and contest any such proceedings, but by doing this, he is not in breach of Contract- it is clear from the wording in the TR1 what each party was getting from the deal, and the Seller likewise can not object if indeed the Buyer wishes to object/dispute any of the Charges.

 

I hope this assists.

 

Kind Regards

AL

 

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9206
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry I think our wires are crossed. I am going to put this to another expert.


 


Thank you for your time

Expert:  Wendy-Mod replied 1 year ago.
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