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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Hi, We have purchased a holiday chalet from a private seller

Resolved Question:

Hi, We have purchased a holiday chalet from a private seller in Wales in the beginning of May. We were told the purchase needs to go through the sales office, they will complete the paperwork. After getting confirmation from the sales office we transferred the full amount £12.500 to the seller's account. We turned up on the the completion day in the park. We found the seller handed over the keys and gone without paying the £3000 transfer fee. (he stated in his advert, it was agreed plus it is the common practice of the park that the seller pays the transfer fee)  He was friends with the park, particularly with the sales manager, they didn't seem to worry. They repeatedly said he will pay and once he paid we'll get the paperwork. This was six week ago, the seller disappeared, changed phone number and hasn't responded to any correspondence. We found ourselves in the situation that although we paid fully and acted on the sales office advice we have no legal documents to show our ownership. Could you give us some advice what should we do?

Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

Do the sales office have the power to transfer the ownership documents to you?

Kind regards

AJ
Customer: replied 3 years ago.

I suppose the answer is yes. I understand that in normal cases when the seller pays the transfer fees the sales office transfer the ownership documents. The sales office guy appears pretty clueless, keep saying it never happened to them before. Did this help? Or should I ask where is their licence from to handle the paperwork?


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Do you have any evidence that you paid the seller for the holiday home?

Kind regards

AJ
Customer: replied 3 years ago.

I transferred the sum electronically. I made sure the "note" part refers to Chalet 22 Clarach Bay. So it is clearly on my bank statement. I also have the seller email correspondence that he received the money.


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Do you have any email correspondence from:
1. The seller confirming the money was for the purchase of the Holiday Home;
2. The sales agent acknowledging the sale and encouraging you to make the transfer?

Kind regards

AJ
Customer: replied 3 years ago.

to answer your question:


 


1. this is the wording of his email : "Hi Eva,
Yes money came through, thankyou we will be leaving nearly everything only taking personal belongings.
Thanks again
Martinil :"


 


2. It was only a phone conversation. I made it exactly before the transfer. I could only prove the timing of it.


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Unfortunately you need to find the seller to either sue them for the return of the money or force a signature of the ownership transfer.

What I would suggest you do is write to the sales agent as follows:
1. You are disappointed with how they have handled the sale;
2. They had provided you with assurances relating to the seller and accordingly you hold them partially responsible for the seller's failings;
3. Say that if they do not in the next 7 days register you as the owner of the holiday home you will reserve the right to (i) Report them to Trading Standards www.tradingstandards.gov.uk/ (ii) Take them to county court for the losses suffered https://www.moneyclaim.gov.uk/web/mcol/welcome


Then addressing the seller, it does unfortunately seem like the sellers behaviour is dishonest - I would contemplate reporting this to the police is the Sales Agent still cannot help you. www.actionfraud.police.uk/


I look forward to hearing from you.

Kind regards

AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks, ***** ***** Can I contact you after this or rather how can I contact you if I need further advice? I take it follow up advice will cost another £38?


Kind Regards,


Eva

Expert:  Alex J. replied 3 years ago.
Hi,

Many thanks.

Feel free to contact me on this thread if you want to discuss this topic any further.

You should be able to follow up on this thread without paying extra if the your question is related.

I am happy to assist if I can.

Kind regards

AJ