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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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Are email agreements legal & can I get out of it? Scottish

Resolved Question:

Are email agreements legal & can I get out of it? Scottish Law
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome.

Alex J. :

Can you tell me a bit about the nature of the contract - what is the subject matter of it?

Customer: 1981 I completed beautiful property development of Huge Mansion house into 5 flats & kept the garden in my nameUnwillingly under some pressure (my lawyer said I had agreed & verbal agreement was binding!?)Sold garden to Mr A (flat owner) for £5000, , as he was concerned I would build on it in the future! & he said that he would NEVER BUILD on it. 32 years later, last week I got email from his lawyer saying , by some mistake I owned 3/5 of paths & would I sell to Mr A, for£2000 ,warned me if anyone had an accident I would be liable! In haste I emailed back Yes. I am 77 years old,reside in London & I am presently until April in India meditating, that part of my life is so much in the past (forgotten). I have just heard that Mr A is now himself applying for planning permission to build & needs ownership of the paths. His breaking his word re never building upsets me greatly! & under these circumstances the paths are of great value for access, I only just found out he wants to build & I feel betrayed & wish to get out of agreement by email to sell for £2000 . His lawyer has sent me papers & map to sign. Must I do this ?? Please. In appreciation ***** *****
Customer: Where is answer Please
Alex J. :

Hi Thank you.

Alex J. :

A transaction or contract for the sale of land must be done in writing.

Alex J. :

An email would not be sufficient for this in my opinion. Making the offer by email - clearly implies it is "subject to contract.

Alex J. :

I would write back to the lawyer and say that you are not prepared to consider signing these papers unless they provide you with and undertaking to pay your legal costs.

Alex J. :

You should then take these papers to your own solicitor and decide whether you want to renogtiatie the price or withdraw from the deal?

Alex J. :

*renegotiate

Customer: Thanks, ***** ***** to be 100% sure it is this in Scottish Law, knowing the big differences to English Law. My point is that Mr A has not kept his promise/ agreement as never to go for planning permission to build, the very reason " bullied" me into selling to him to prevent safeguard from building !! I am told he has sold plot/garden to a builder (??price) &. now found I own 2/3 rds of paths / access.
Customer: North Berwick is a very upmarket town & this is a superb sight, I think as it now stands the control of the paths, required for access could now be worth approx £25,000 I would like to get this money to donate to Charity for World Peace, of which I belong to, thus I am in India until April, not having. Access to a solicitor in Scotland.
Customer: do you think I can ask them to wait until I am in UK for any further negotiations April ??
Customer: Thank you. Please be 100% sure Scottish Law is the same , I know how much it differs
Customer: Are you sure This is Scottish Law, which differs greatly from English
Customer: are you sure this is Scottish law, which greatly differs from English. When Mr A " bullied" me into selling garden 1982 that is the reason way he did it (along with my lawyer!!) saying I had said I would sell (which I did not) & that a verbal offer was binding!!! My point is Mr A said he wanted to buy it to prevent anyone building there & he never would!! Broke his word!!
Customer: North. Berwick is a very upmarket, expensive town & this is a !Magic. Site. & the said paths are access to the site therefore worth a lot ??£25,000.
Alex J. :

Hi, Thank you. There is still the same requirement that the transfer in Land must be done in writing. For your piece of mind I will refer this to one of our Scottish Lawyers for confirmation.

Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scottish lawyer and can confirm that the exchange of emails is not binding on you.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
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