Is this a scam?
We are several months into a leasehold flat purchase. Last week, the last outstanding enquiry was resolved and the transaction moved forward to sign off - what we anticipated would lead to agreeing exchange and completion dates.
However, our conveyancers carried out an OS1 search last week which returned an intending charge on the title. This is what it said:
>An official search certificate dated 2 September 2026 and timed at xx:xx:xx has been issued to protect an intending CHARGE in favour of [named individual] affecting the whole of the title. The relative priorities conferred by the issue of two or more official search certificates are governed by rule 153 of the Land Registration Rules 2003.
The issue is that the named individual is a young man who is a director of many care homes. The current owner is in care and the sale is being dealt with (and signed) by a family member as a deputy.
We find this intending charge situation highly unusual, especially as this intending charge was lodged about a month ago and as the sale progressed towards the end; the seller (deputy) was not proactive/upfront and disclosed this; and the seller (deputy) and their solicitors have yet to reply with an explanation of the situation since last week.
As we understand, this charge hasn't been registered yet, it may expire or be withdrawn. It has priority over the OS1 our conveyancers ran, as it was lodged first. But the lack of transparency, and other facts of the related intended charge-holder, cause suspicion. We are concerned that we may exchange prior to the intended charge expiring, it is then registered, and we are forced to complete with a new registered charge on the title, favouring the named individual. We have communicated with our conveyancers not to exchange until we get a satisfactory reply, though if I'm honest, I have little to no trust on the seller at this moment.
Is this some sort of housing scam? Any advice or wisdom appreciated.