Seller's capacity to sign contract

N

norbss

New Member
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Hi everyone, I'd really appreciate some advice.


Long story short, we signed a contract to purchase a house in January. However, the seller—an elderly man—was declared incapable of signing two months ago due to illness. Back in January, he was in the hospital, but he has since recovered and confirmed to the estate agent that he still wants to sell.


The seller currently resides permanently in Bellvilla Community Unit. His solicitor now needs a doctor from Bellvilla to assess him and formally confirm that he is legally capable of signing the contract. We've been waiting for two months, but all we hear is that the seller’s solicitor has "called" or "emailed" Bellvilla, offering to meet with the doctors to resolve this. Yet, nothing has progressed.


The estate agents have stopped responding to my emails and calls. I know we could walk away, but we really want to buy this house.


Has anyone had a similar experience? Is there anything we can do to speed up the process? It feels like none of the involved parties—solicitors, doctors, or estate agents—actually care or are willing to do anything beyond sending an email every few weeks.
 
norbss said:
It feels like none of the involved parties—solicitors, doctors, or estate agents—actually care or are willing to do anything beyond sending an email every few weeks
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Every professional involved would in the circumstances be putting themselves at huge legal risk by facilitating the sale. Safest thing for everyone is to do nothing.

norbss said:
now needs a doctor from Bellvilla to assess him and formally confirm that he is legally capable of signing the contract
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Sounds like you have nothing signed by the vendor and therefore have nothing at all.

norbss said:
The estate agents have stopped responding to my emails and calls. I know we could walk away, but we really want to buy this house.
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Can't honestly blame them. Estate agents have zero control and very little influence once a sale is agreed. They can do literally nothing in the circumstances, and you're anyway not their client the vendor is.

You're best off walking away.
 
Start looking at other houses.
Not what you want to hear but this sounds dodgy.

The elderly man is 'agreeing' but he still is not actually taking action, is he?
That's the reality of it.

Even if he signed next week, what's to stop him becoming sick again and claiming he doesn't want to sell/changed his mind.

Now that he's in a nursing home, that house might end up not being sold, because maybe it'll end up going into the Fair Deal scheme or something. To finance his care.

The estate agent has washed their hands of it.
 
Thanks for the response. Vendors solicitor went to the hospital in January to sign contracts but the doctors there told the seller is not in capacity. Later on they examined him again and confirmed he capable and has recovered, however that cert was only valid on the day doctors examined the seller, and of course his solicitor wasn't around, so it needs to be done again in the presence of the seller's solicitor, who was so far unable to arrange a meeting with any doctor from the care home where the seller now resides.
 
Our solicitor keeps asking if we want to walk away or wait a little longer, for the time being we wait.
 
norbss said:
so it needs to be done again in the presence of the seller's solicitor, who was so far unable to arrange a meeting with any doctor from the care home where the seller now resides.
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I would guess that the inability to arrange a meeting is probably due to reluctance from any doctor there to get involved. Most doctors are not expert in assessing capacity and most prefer to concentrate on the care of the patient rather than matters like this.

I would start looking elsewhere now, you can continue to await the outcome of this but it's totally out of your hands and doesn't sound hopeful.
 
No, he did not, he keeps saying that we can walk away if we want to or keep waiting. Thanks all
 
That's all you really can do, you don't hold sufficient cards to encourage all parties required to coordinate the necessary steps.

The fact that the doctor would only certify the man as being competent for such a short time might be a concern, could his family contest the sale at a later point?
 
norbss said:
Is there anything we can do to speed up the process? It feels like none of the involved parties—solicitors, doctors, or estate agents—actually care or are willing to do anything beyond sending an email every few weeks.
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Can you speed it up? No, I can't see how.

The estate agents have stopped taking calls, signalling that they now see very little hope of it progressing, and getting paid.

The doctors get paid regardless. They are not motivated to do this, unless their patient asks them to help him complete the sale, which sounds like it it not his consistent priority. Without him being insistent with his doctor and solicitor, nothing will happen.

The solicitor for the seller will only respond to calls from his client, so if he is not getting in contact and asking for help selling his house, the solicitor will sit back.

If this is the sellers principal residence, then leaving it unsold would be better financially if he has to avail of the nursing home loan part of the fair deal scheme.
 
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