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Witness citation to third party contempt of court court

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  • Witness citation to third party contempt of court court

    A friend has been cited to appear as a witness at the Sheriff Court.

    It relates to them purchasing a property from an acquaintance. It transpired post-conclusion of purchase/missives that the seller had been interdicted to not sell the property. Neither the seller's or purchaser's solicitors found anything during their searches. Obviously the seller hasn't been honest if their solicitor asked if there was anything preventing sale if property.

    My friend is anxious that the property sale may be recalled - is this possible?

    Also as to what legal jeopardy they may now be in?
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  • #2
    There must be something more to this. I fail to see how two different solicitors managed to miss an interdict when it should be part of the sale process. This is something that is commonly checked, and they don't just go with the say-so of the seller for precisely this reason.

    Interdicts have a five year lifespan. Did it fall off? If it did, tough on the person who interdicted them, but it is what it is.

    The most likely outcome should be that the person selling the property legally agrees to pay the creditor the outstanding debt out of the sale of the property and then it should go through. Anything else doesn't benefit anyone in this transaction.
    ----- DISCLAIMER -----

    I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

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