posted on Tuesday, November 14, 2006 3:26 AM
by
Endie
More Property Woes
I have been more than moderately unfortunate when it comes to buying property, over the last decade. I have forgotten all the wierdnesses and oddities which have occurred over the past few years, but it has not been a happy tale for me, nor for my long-suffering friend and lawyer Alan, who keeps applying his considerable skills ot the task of body-swerving his fiduciary responsibility to actually charge me money for his services.
I have even, in the past, been the highest bidder by a considerable margin for a property and failed to get it (the sellers decided not to sell after all). The latest delight is even more unlikely. In Scots law, houses normally sell at "offers over": a price is named by the seller, then a closing date is set and interested parties make sealed bids and the highest (usually) wins. Alternatively, where a seller is keen to get a property sold, they will sell it at a fixed price: if you offer them the price they ask for, and they then accept, then that's it. Usually, the sale is concluded within a matter of hours.
The plot of land I thought I had bought was fixed price. Unfortunately, the sellers have had to resile from the contract on the grounds that the property is encumbered with claims from not one but two neighbours: one claims some of the land, while another claims the strip of right-of-way that provides access. As Alan said: even if they were willing to sell, it would be crazy to buy. Back to the drawing board. Again...