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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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we signed a exchange of contract its value on the

Resolved Question:

we signed a exchange of contract its value on the verbal agreement that we would get a letter detailing that the property would be extended to increase its value and share its profit with the buyer however the buyer did not provide the agreed letter we recinded the contract but the buyer is claiming specific none performance and wanting to complete on our house its value without any extension we no we have been to trusting and nieve but what can we do as he wants to go to court
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Thank you question and welcome. Did you have a solicitor involved in the exchange of contracts?

Alex J. :

Was completion conditional on receiving the letter from the buyer? Kind regards AJ

Customer:

yes we had a verbal agreement and the letter was to confirm prior to completion

Alex J. :

, Thank you. You cannot exchange verbally - there is nothing to enforce - under the Law of Property (Miscellaneous Provisions ) Act 1989 S.2 any disposition of land must be done in writing.

Alex J. :

Did he even give you a deposit?

Customer:

we exchanged with our lawyer and a deposit but we did not recieve the letter prior to completion our lawyer sent deposit back and rescinded contract on basis why would we sell at halve its value without the agreement confirmed

Alex J. :

, Thank you. I am not sure what claim he can actually - the contract was conditional -- he did not meet the agreed condition. The likelihood of a court ordering the sale to occur is slim to none.

Alex J. :

Has he issued proceedings?

Customer:

he has just issued county court proceedings but our contract was signed its value and no reference to our agreemnt

Customer:

please continue

Customer:

why

Alex J. :

- It is relevant - if he asking then potentially he can only claim his actual losses i.e solicitor costs, fees surveyor etc

Alex J. :

If he is claiming specific performance he is asking contract to be completed.

Alex J. :

In the first scenario you may be best served just offering a small sum to settle and go away in lieu of his legal costs.

Alex J. :

In the second scenario I think it is highly highly unlikely a court would award specific performance if there is a question mark over the enforceability of the contract.

Customer:

he is claiming complition of contract and trying to force sale half value

Customer:

we have been advised that the buyer a offshore company is a very agg andressive company basically exploited our nievity

Alex J. :

, Thank you. I am afraid that you will have to go to court and defend the claim. You have grounds to dispute what they are seeking to do - Was the arrangement re the letters and the profit share documented in an email?

Alex J. :

Who introduced you to this company?

Customer:

no we just took him in good faith as he was reomended by a high court sherif he onlly came to our house once and had no survey done

Customer:

a very laid back smart talker

Alex J. :

Thank you. Is this in Scotland or in England?

Customer:

england

Alex J. :

Thank you - why did the High Court Sheriff recommend this person?

Alex J. :

Have you asked him whether he actually intends to honour your agreement?

Customer:

he wants to proceed without any agreement ie he totally refutes the agreement

Alex J. :

, Thank you. Will your solicitor provide a witness statement saying that there was aside agreement?

Alex J. :

Otherwise this guy is trying to defraud you.

Alex J. :

Your options are to present to the court an argument that there was a side agreement and that is the only reason the property was undervalued by half.

Alex J. :

If your solicitor puts this in a witness statement this is fairly compelling evidence that there was a side agreement.

Customer:

we were under pressure by mortgage co to sell and a college said the sherif had good contacts to help us and this was a good way out as mortge would be paid in full and we then get our money who would be our witness can it be me as house in my wife name and i was at meeting

Customer:

our solicitor was not at meeting and was not happy but we assured him that the buyer would honour the agreement

Customer:

but he did issue a contract and received deposit and was aware from us at that time that we had a verbal agreement

Customer:

no emails or texts only letter from our lawyer stating why the contract was being recsinded

Customer:

please come back

Customer:

pls come back as im at library and will be out of time soon

Customer:

sorry we are oaps and very slow at email can you leave a reply and we will continue if needed later

Alex J. :

, Thank you. No problem this link should remain open. What did the solicitors letter rescinding the contract say in it?

Customer:

it basically that we had not been provided with the letter confirming the building work to be carried out by the buyer to enhance the value of property and that we could stay in the home and share the the purchase profit from the resale contract price 442000 valuation at time of purchase 900000 resale(###) ###-#### or more all in sterling

Customer:

in other words why would we sell at half present value without a good reason

Alex J. :

, Thank you. This is all evidence that can be presented to a court.

Alex J. :

You will have to defend his claim on the basis that the exchange was conditional on a side letter that was not forth coming.

Customer:

yes can i be a witness to the meeting that it was all agreed at

Alex J. :

Yes, you will have to submit a witness statement as part of any defence

Alex J. :

I would ask your lawyer to do the same.

Alex J. :

You need to urgently get your defense drafted and filed.

Alex J. :

When were you served with the county court claim?

Customer:

thank you advice we are going to see a lawyer tomorrow can i come back to you after our meeting as you are very good yes we were received last thursday but sent on 23 jan

Alex J. :

, Thank you. Absolutely - I think this thread should stay open few days. I will switch it to Q and A mode - please do not hesitate to contact me when you are ready .

Alex J. :

Kind regards AJ

Customer:

county court docs cover and letter dated 23 jan we received 29 jan

Alex J. :

Thank you. The documents will explain how to respond in the response pack.

Alex J. :

If you acknowledge service you extend the period by which you have to file a defence to another 14 days.

Customer:

do i rate you yet as i do not want to lose touch yet

Alex J. :

, Thank you. I will switch Q and A mode and you should still be able to contact me even if you leave feedback - it just wont be in real time.

Expert:  Alex J. replied 2 years ago.
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Expert:  Alex J. replied 2 years ago.
Many thanks.
Please let me know when you have questions.
In the mean time your feedback is gratefully received.
Kind regards
AJ
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