We recently helped a client through one of the more unusual property sales we have seen, a transaction complicated by inherited damage, third-party interference and allegations arriving the day before completion.
Our client was selling a guest house that had been affected by damage caused when a neighbouring property, later discovered to be an illegal cannabis factory, partly collapsed several years earlier. The local authority required urgent remedial works and, unfortunately, our client was uninsured at the time, leaving her to meet significant costs herself.
Following the repairs, a buyer was found through a local estate agent. The agent insisted all prospective purchasers viewed the property before an offer was accepted and, following negotiations, contracts were exchanged. To help our client, we successfully negotiated the release of part of the deposit following exchange, providing much-needed funds while she secured alternative accommodation.
The transaction then took an unexpected turn.
Before completion, the buyer advertised the property for auction despite not yet owning it. Unusual, but possible. Understandably concerned, our client feared the sale might collapse. We reassured her, explained the legal position and remained firm that the buyer was contractually bound to complete.
The situation escalated further when, on the day before completion, another law firm contacted us alleging fault in connection with their client’s proposed purchase of the property at auction. We immediately reviewed the facts, liaised with both the estate agents and our client, and robustly defended her position.
Crucially, our client had no contractual relationship whatsoever with the auction buyer and owed them no contractual duties, a fundamental point that appeared to have been overlooked. We made it clear that our client’s only contractual obligation was to her buyer, who remained legally bound to complete the purchase. Any concerns relating to the auction sale were matters for others to resolve and could not be used to avoid our client’s contract.
Throughout the matter, we provided clear advice, reassurance and determined representation. Despite third-party interference, last-minute allegations and significant uncertainty, we remained focused on securing the outcome our client had contracted for.
The result was a successful completion and a positive outcome for a client who had already endured years of difficulty through no fault of her own.
The matter was handled by Jonathon Waterhouse, who commented:
“This was a sale that presented challenge after challenge, from the damage our client inherited through no fault of her own to allegations arriving the day before completion. Our job was to remain focussed on the outcome, keep her informed and hold the buyer to their contractual obligations. Seeing the sale complete after everything she had been through was a genuinely rewarding result.”
If you are facing a complicated property sale or purchase, our Residential Property team is here to provide practical advice and steady support at every stage, even when a transaction does not go to plan.
