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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My parents have now gone into care.. My sister and my father

Resolved Question:

My parents have now gone into care.. My sister and my father are owners of the family property. When my father dies my brother has power of attorney over my fathers affairs. My brother and sister have offeredyme the house to rent now and then when my father dies, to buy the property. I am just a little concerned that although they have promised this nothing has been written down. Could you advise me what to do. I am currently renting, and my husband will be buying the property.
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Obviously, if you are going to rent the property then you should ask for an assured shorthold tenancy in writing from them. If you have this and you all execute it then your right to stay in the property during the term of the tenancy agreement (most commonly 6 or 12 month terms) is secure and you need not worry about your short-term accommodation.

The position as to purchasing the property thereafter is a bit more complicated. Giving a person a formal right to purchase a property subject to certain conditions (eg. timing and price) should be done by a formal Option To Purchase drafted by solicitors. This would cost in the region of £500 + VAT and would give you the right to enforce the sale to you under the conditions that you state.

If you do not have a formal option to purchase in writing and execute then you bring doubt/uncertainty in to the purchase. If you only have a verbal agreement then you would almost certainly not be able to enforce the sale to you. If you have something in writing that you all preprepare but do not get drafted by a solicitor then you might have a case but it would leave it much more open to dispute. If dispute you would have to litigate, which means considerable legal fees.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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