Obtaining an Order for Sale where purchaser had failed to complete

Rachel’s clients had been in the process of selling their family home when their purchaser withdrew from the sale after exchange of contracts. Notice to Complete was served but the purchaser failed to comply.

Proceedings were issued against the purchaser, and judgment obtained for over £130,000 in damages and costs. No payment was received and so an Order for Sale was sought for the purchaser’s home which was co-owned with a spouse.

The Judge at the hearing of the Order for Sale complimented Rachel on her skeleton argument and preparation for the case and commented that rather than give a full judgment he needed only to adopt her written argument as it was so thorough and entirely correct on the law.

Rachel’s clients obtained an Order for Sale on the property with an Order that the purchaser and spouse vacate their property within 28 days. In addition, the Judge agreed to allow the Claimants to recover the costs of the Order for Sale proceedings from the spouse’s share of the equity in the property, due to joint liability the costs of the proceedings despite not being involved in the aborted purchase of the Claimants’ property.