Unaware of house sale!

[trafalgar]

Hi all,

 

 

I'm on Holiday at the moment and luckily I checked my email and saw a messgae from the auction solicitors on Tuesday (21st August) that a house we had at auction has been sold with completion yesterday!

 

 

 

This seems really bizarre as I had not signed a contract of exchange and was being pressed to return the welcome pack and land registry transfer form.

 

 

Today I have received an email saying that the buyer has:

 

"now served notice to complete and in accordance with Condition G7 of the Auction Conditions (3rd Edition) you will now liable to pay a penalty for each day until you complete."

 

 

Can anybody explain what on earth is going on - is this right and what can I do about it?

 

I'm still on holiday returning to the UK on Sunday.

 

 

Cheers,

T

 

 

[honeybee13]

Hi.

 

Could you have missed any correspondence that was sent to your home?

 

HB

[trafalgar]

Thanks,

 

 

I put this in auction but was advised that it had not sold as the reserve was not met. The mail would have gone to my business address but I haven't been there for about 4 weeks as I've been working out of the country. Even so, Tuesday was the first I knew about this and I haven't signed a contract or anything.

 

 

Cheers,

T

[renegadeimp]

Who advised you of that. Do you have proof?

[trafalgar]

Thanks,

 

 

The auctioneer advised this and asked if I wanted to put it in the next auction (September) - I said ok and then on the 13th I received an email regarding the sale and was asked to prepare a welcome pack etc. I thought this was in prep for September but on re-reading this it was to commence the sale from the first auction - my partner has phoned them and it looks like they used their discretion and didn't tell us!

 

 

I had an email Tuesday advising completion Thursday and then received an email Wednesday to complete the Land Registry transfer and send by next day - I replied that I was still on holiday and this wasn't possible in the timeframe requested as it would take at least 2 days if I could find somewhere to print out and post that day (which I couldn't as it was late).

 

 

If worst case and I have to pay a penalty - earliest I can get the docs to them is next Tuesday so am I right in thinking I have to pay about 4.5% per day (4 days) charges on £26K???

 

 

Cheers,

T

[trafalgar]

I have proof via emails of the next auction being agreed.

[trafalgar]

I'm mystified - I haven't signed or seen a contract, agreed terms or anything - so how can an exchange have taken place?

[AndyOrch]

Why not give the Solicitor a ring and ask whats going on ?

[trafalgar]

I will - but will they be open tomorrow and especially on a bank holiday weekend - chances are I won't get hold of them until next Tuesday. If there's approx. £5k penalties at that time then what are my options - I'm not desperate to sell.

[renegadeimp]

Only way to find out is to ring them. The auctioneer certainly cant sell a property without your say so. Unless there was something in your agreement with the auction that allows them to.

[trafalgar]

I don't believe it! Just emailed this morning and got an automated reply - the conveyancing solicitor no longer works there. I'll be trying to ring them today to see what the hell is going on. As far as I'm aware having read through all the documents again I've not signed or agreed to any letter of authority or power of attorney etc. and have definitely not seen, been in possession of or signed a contract of sale.

 

 

 

I can only assume this guy has signed on behalf of the solicitors which as far as I'm aware he has not nor been given any right to do so.