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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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My son bought a property which he thought his father was putting

Customer Question

My son bought a property which he thought his father was putting 50% into and they would run it as a let. It has now come to light that on paper my son owns the house but his father has put a deed of trust on the deposit. His father has been running the property and giving my son a very small amount from the rent making out the rest was for bills and fees etc. He has refused to supply any paper work even though we have secured the services of a solicitor. The solicitor who did the conveyancing, the accountant who has done the books for both parties and the letting agent refuses to supply any documentation to my son. My son has learning difficulties and his reading and comprehension are only about 12/14yrs He trusted his father when they went into this What answer can u give us please
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

Did your son take independent legal advice before entering this arrangement? What does he wish to achieve?
Customer: replied 3 years ago.

No His father got him to his house where his own financial adviser went through the questions and the ones my son did not understand his father answer for him


We think there has been a lot of double accounting and my son has had to put £50 every month towards his mortgage from his own money while his father has taken the bulk of the rent money. My son wants out of this property. as he we think he was talked into this property without understanding what he was signing especially this deed of trust. He thought his father and he own the house between them all straight forward


. What we do not understand is how we cannot get any answers even from the solicitor who acted for him. The letting agent, the accountant and the solicitor have all closed ranks and refuse to speak to him even through his solicitor. We have not a lot of money to pursue this

Expert:  Alice H replied 3 years ago.
Thanks for the additional information. This is outside my expertise. I will opt out so another expert can help you.
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions.
I do have to ask - does your son have sufficient mental capacity to deal with these matters himself?
Claire
Customer: replied 3 years ago.

He can deal with them with my help reading and explaining the situation he is quite intellegent but suffers from dyslexia and has problems with reading Oral conversation or if exams are given with an oral elliment like a driving test he can deal with that. He did not understand the legal documents and his father tolfd him not to tell me (we are devorced)

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding one the mortgage (if there is one)
How long ago did the solicitor write to the Solicitor and the letting agent?
Claire
Customer: replied 3 years ago.

The house is probably worth about £70,000-£75,000 with £52.500 approx mortgage paid by my son only


This matter is still on going and she write approx every 2-3 weeks to the solicitor. My son has spoken to the letting agent 3 times to be told they will not deal with him and finally his name had been taken off the paperwork.


I do not know what my son has signed, in the beginning. We are beginning to think it might be some power of atorny He has not told them to take his name of. Its the Deed of Trust that is the problem as my son cannot sell it without his consent

Expert:  Clare replied 3 years ago.
Hi
What percentage does the Trust deed cover?
Claire

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