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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A property has been left to my sister and I by our Uncle but

Customer Question

A property has been left to my sister and I by our Uncle but as part of the will we have to offer it for sale to his ex lodger at a price of £35,000 where the market value is £100 - £120,000. If we have to follow this instruction without challenge can we have a clause put in the sale that prevents him selling it for a profit and if he does has to pay us the difference between £35,000 and the price he sells it for?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

I am afraid to say that if the Will stipulates that your Uncle's ex lodger has the right to purchase the property at 35K, and he agrees to this, then you aren't entitled to put any such condition in the Sale agreement.

The Will gives him a right to take up this offer and if he buys, then he is then free to do with the property as he so wishes.

 

I am sorry this is not the answer you were looking for but it sets out the legal position.

 

If I have answered your question, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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