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Posted: Sun Nov 15, 2009 8:07 am
by Kazza07
Hi

I have a couple of questions about BI that hopefully someone might know the answers.

Firstly, we have had a letter through from OR to fill in and state that we have got someone to buy the BI (which we have). In this letter it says that the person buying the BI might like to employ a solicitor to act on their behalf. Is this necessary? I'm just concerned that this is more expense and if not needed would like to avoid it if possible.

Also, can my partner buy my BI even though he has been made BR and also can I buy his if I'm BR?

Any advice would be gratefully received

Thanks

Posted: Sun Nov 15, 2009 8:49 am
by kallis3
I don't think you have to have one, I'm sure Swans_Girl's hubby didn't.

I think you can buy it even though you are BR. Hopefully one of the experts will be along to confirm (or otherwise!) that.

Posted: Sun Nov 15, 2009 9:01 am
by Kazza07
thanks Jan

Posted: Sun Nov 15, 2009 10:33 am
by MelanieGiles
A solicitor is not strictly necessary, but if you are going to use someone outside the immediate family then it may be wise for you all to seek independent advice to avoid misunderstandings in the future. You will not be permitted to buy each other's share and it would be unwise to do so to protect the house from any future insolvency - which hopefully will not happen but cannot be ruled out.

Posted: Sun Nov 15, 2009 10:34 am
by kallis3
Thanks Mel, I really wasn't sure about that one.

Knew you would come along and correct me!

Posted: Sun Nov 15, 2009 10:54 am
by Julie
Jan, you're right we didn't use a solicitor as I was buying the BI. To be honest if it was someone outside our immediate family, we would have used a solictor, just to be safe.

Posted: Sun Nov 15, 2009 1:04 pm
by RHB
So if a family member bought it, you had a falling out etc then would they be able to keep all the equity it made in the future?

Posted: Sun Nov 15, 2009 1:07 pm
by MelanieGiles
They would have a claim over it, but this would be dependent upon circumstances and who was paying for the upkeep of the property and the costs of any lending. Not worth getting into a fight over, so best to take the advice in the first place.

Posted: Sun Nov 15, 2009 2:40 pm
by Kazza07
Thanks very much for the info melanie. Its our parents that are buying it, so perhaps we will not need a solictor. We both have quite close families so think it unlikely that we will fall out.