selling a house

[polyxena]

QUESTION: Someone paying a mortgage, lets her brother and his wife live in house, ( she lives somewhere else ), he has been paying only the amount of the morgage. She needs to sell the house but brother will not buy . Where does she stand (no jokes ) thanks

[makemesmile]

She'll have to give him notice and sell. If he's not interested in purchasing, then it means a trip to an estate agents. She can't force him to buy and unless they've signed a relevant contract, I don't see that she can recoup any losses incurred. Is the brother refusing to vacate?

[lady_p_gold]

As far as I can see it is just the same situation as having a tenant, and if you want to sell you just give them notice to leave. The amount he has been paying towards the mortgage would be in lieu of rent ... you are not a charity after all ! If he refuses to leave then that is just downright unreasonable if he does not want to buy, he is in effect forcing you to be a landlord for life !!!!

[almcd007]

Just like a landlord and tenant - however Landlords usually get their tenants to sign a tenancy agreement - I assume there isn't one ?

The person could help the brother to get a mortgage and show him that it's not a problem - also showing that the rent has been paid without a problemso far would help him.

First of all she needs to get him to move out !! Easily said than done. If it's put on the market he'll see that she's being serious. If he's awkward when it comes to viewings - he needs to leave.

It's a tricky one because he will have some rights if he's paid rent on a regular basis and he can show that he has (bank statements etc) and she will have difficulty if he digs his heels in and insists he's staying.

Good Luck