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One person want to sell, the other does not

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  • 17-12-2007 8:20pm
    #1
    corrcullen
    Registered Users Posts: 52 ✭✭


    My friend bought a house with another person about two years ago, they werent a couple, just two mates.
    She now wants out, and wants to sell the property, but her friend doesnt.
    When they bought the house two years ago, they had a verbal agreement, that if one person wants out, then the property goes up for sale, but this was not documented in the contract.
    Can she put the property up for sale without the other persons consent or what way does it work?


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    #2
    A Random Walk
    Closed Accounts Posts: 346 ✭✭A Random Walk


    She can't sell something that's not hers. Hindsight is a wonderful thing, but there have been plenty of people on this forum warning that before you get into something like this you should have a written agreement.

    If they can't amicably agree I would have thought that a legal approach is the obvious next step.


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    #3
    OracleOfTruth
    Closed Accounts Posts: 25 ✭OracleOfTruth


    Can't help but laugh at cases like this. Inevitable headaches caused by desperate types who just had to get on the property ladder at all costs.

    The previous advice is correct.


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    #4
    How Strange
    Registered Users Posts: 6,339 ✭✭✭How Strange


    OracleOfTruth ...Can't help but laugh at cases like this. Inevitable headaches caused by desperate types who just had to get on the property ladder at all costs.

    I don't see how this comment is helpful or constructive to the OP.

    OP, does the seller realise this is the worst possible time as the market is very shaky. It's a difficult one because there the friendship may be damaged by this. I suppose the owner who doesn't want to sell should come in 20% below the asking price (or half of the asking price) based on an up to date valuation and buy her friend out.

    This is most probably what would happen if the house went on the open market.


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    #5
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    corrcullen wrote: »
    When they bought the house two years ago, they had a verbal agreement, that if one person wants out, then the property goes up for sale, but this was not documented in the contract.
    They could try suing the solicitor for negligence.

    Potentially, put the house on the market, but don't make an acceptance of any offers (yet). Allow the person wishing to remain to bid (make sure they understand the point that it only costs them half of any increased bid). If the external bids are good enough, they might sell after all.


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    #6
    juke
    Registered Users Posts: 1,673 ✭✭✭juke


    Victor wrote: »
    They could try suing the solicitor for negligence.

    :confused:

    Did the op's friend ask the solicitor to document this in writing?????

    Regularly, purchasers who I act for are advised to put a co-ownership agreement in place - but they don't for many reasons including
    a. They are not prepared to pay to have the agreement drafted, because paying for furniture and wooden floors is more important to them at the time
    b. They think all will be rosy, and they won't fall out
    c. They put it on the long finger

    Op - unless both parties agree, the only way to force a sale is to get a court order


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    #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    the person who wants to sell can force the sale under the Partition Acts. There is no option for the other party but to either buy out the other's half share or else move out. A big legal bill will have to be paid if they do not agree amicably, but the house will ultimately have to be sold.


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