Where do I stand?

[ummmm312]

I've sold my house. My ex changed the locks so I couldn't get in. He said that if I signed the contracts he would give me a key. Signed the contracts on the condition that I could have 2 weeks to get my stuff out. Anyway....once I'd signed he wouldn't give me a key (everything in the house is mine) The completion date is suppose to Tuesday and he handed the key to the estate agent at 5pm yesterday. That gives me Monday to clear a 5 bedroomed house. Can I demand more time?

[Barmaid]

Ummm, it depends on the sale conditions. In some sales "time is of the essence" and once completion is fixed you can't get out of it, unless you pay the purchasers damages (they will have booked removal van and may need to complete on their own home).

If you end up paying damages as a result of HIS default, you could try charging it to his share.

Did you agree in writing about the key?

[ummmm312]

No...but his solicitor and the estate agent phoned him to say he had to hand the key over. The solicitor (acting for him, as he's trying to rob MY money) said that unless he gives me a key they can't complete. So he left it to the last minute.

What will happen to my stuff because I can't organise it and move it in one day. Will they see that he's playing silly bugg ers???

Everything I own is in that house.

[Barmaid]

I would be inclined to stand my ground and say I am not completing until I get my stuff out. The other side may well be able to claim against you in damages though. But sounds as if he has been told that without your stuff out you can't complete so he has no argument.

I would be on the phone to my solicitor first thing Monday morning and tell him you are trying to organise it but because of your ex's marked lack of cooperation, the completion date is off. They will need to let the purchasers know.

[ummmm312]

Cheers BM......I was planning on doing that. Just making sure I could.

Also.....he's trying to take HIS solicitors fees out of the equity before it is split. Can he do that?

[Barmaid]

What are his solicitors fees for? Dealing with the sale, or just acting for him. If just for him, no. If dealing with the sale (on your behalf), yes.

[ummmm312]

Sorry I've just got back.

In the latter it says they are acting for him alone. I had someone look through them today and they think they're just trying it on thinking I will sign because I find these situation difficult to deal with.

I'll make an appointment on Monday with a solicitor.

Does the fact that he wouldn't let me in the house to get my mail make a difference?

Also....there was a court case about the sale but he gave me the wrong date. I think he turned up and said I wasn't of sound mind. I have a witness to confirm he told me the wrong date.

He's trying to screw me over good and proper :-(