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Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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I agreed to sell my caravan in instalments and drew up a

Customer Question

I agreed to sell my caravan in instalments and drew up a contract of sale which we both signed. We met on Sat 7 Feb and he handed over £500 in cash. I had emphasised the need not to alienate the site owner who grants the license to keep the van on the site. On Friday morning (20 Feb) he spoke to the site and alienated a member of staff by being rude and abusive (I’m told) regarding payment of the site fees. The site owner indicated that he was not happy to have the buyer on his site. The buyer called me and I said that he had not done us any favours by upsetting the site owner. The buyer said that he “did not want to be on his site” and said he wanted to “just cancel the whole thing”. He asked for his deposit back. He insisted I transfer it immediately to his bank which I did. He is now claiming that the contract is not cancelled and that I must not sell the van. I have nothing in writing to prove the contract is cancelled. He is threatening to take me to court, asking for £1000. This is his email “After our discussion this morning I can say I am most disappointed in the outcome. After reading the "contract for sale" details I see that I have done nothing wrong. I contacted the site management to enquire about the premium credit being I my name, again, there was nothing wrong with enquiring about this. I have taken legal advice today and it seems you are in "breach of contract". I will now be looking for compensation from you to the amount of £1000 for the time and inconvenience you have caused my wife and I, we have spent time and money preparing for the sale of your caravan. I will be going to the small claims court at first as this wont cost me anything. I will also be involving Mr Wallace as he has informed you that I wont be allowed on his site, Evelyn, who will witness the times I have visited the site with my family, you will also be called into court and possibly the new owner of the caravan. I was asked why I asked for my deposit back by my lawyer and told her that you were leaving the country and I needed to know the deposit was safe, I have now paced the deposit money into a holding account till this is all settled. You have till tomorrow to react to this e-mail and if you decide to transfer the compensation money to my account this e-mail will be legally binding to say that the matter is closed, failing to do that then I will be using our e-mail trail and the contract of sale to take everyone to court. I told the site owner about this yesterday. He said he would support me in this and there was nothing the buyer could do. I had someone else interested. He paid a deposit yesterday (Sat) and we signed the paperwork at the site yesterday to transfer the van. The site retained the paperwork until the balance is transferred tomorrow (Mon). I’m now thinking that I have made a big mistake. What should I do? The urgency to sell again is caused by my moving south in a week’s time and a need to sell before I go. Here is the contract I signed with the first buyer CONTRACT FOR SALE Seller: Nancy XXXXXXXX of XXX/XX XXXXX XXXXXXX XXXX, XXXXXXXXX XXX XXX Buyer: Robert XXXXX of XXX XXXXX XXXXXX, XXXXXXXXX XXX XXX Caravan: Atlas Ovation Super 2002 sited at Leven Beach Holiday Park The buyer herewith agrees to buy the above noted caravan for £9000 (to include all commission payable to the site) with payments in instalments as follows: 1. £500 in cash on 7 February 2015 2. £4500 by bank transfer on or before 27 February 2015 3. £4000 by bank transfer on or before 15 April 2015 The 2015 site fees of £2303 (including VAT) are payable by the buyer and due on or before 20 March 2015. If not paid by the buyer by this date, the site fees will be paid by the seller (at least in part) and refunded by the buyer on or before 15 April 2015. Failure by the buyer to pay any of the amounts noted above will result in the cancellation of this contract, with all monies paid y the buyer to date to be retained by the seller. Ownership will be retained by the seller and transferred only when the full selling price of £9000 and the site fees due have been paid in full by the buyer. Signed by: The Seller: _____________________________________ on ___________________ The Buyer: _____________________________________ on ___________________ Witnessed by: Name: ___________________________________ Address: ___________________________________________________________________ Occupation: _____________________________

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Thank you for the background, what is it you would like to ask about this please?

JACUSTOMER-4w6kadtm- :

I'm sorry but the website said I would be answered by a barrister. Th issue does not cover your area of expertise. How do I get the expert I paid for to answer my query?

JACUSTOMER-4w6kadtm- :

The website is also not accepting my email address

JACUSTOMER-4w6kadtm- :

I have just found out you are an English solicitor. My issue concerns Scots Law

JACUSTOMER-4w6kadtm- :

Is anyone there? . . .

JACUSTOMER-4w6kadtm- :

If you are not able to answer can you please close this matter so someone qualified to answer can pick it up. I need an answer urgently. Many Thanks

JACUSTOMER-4w6kadtm- :

This is hopeless. I specifically paid for an answer as I needed one today. Tomorrow I can get an answer elsewhere. S

JACUSTOMER-4w6kadtm- :

So please just close this and refund.

Expert:  JGM replied 1 year ago.
Thank you for your question.
Thankfully, it's only rarely that you see such arrogance demonstrated by a buyer. From your narrative, the buyer is at it. He had no intention of proceeding with the contract, he accepted return of the deposit and then turns round and accuses you of being in breach of contract! Quite unbelievable and a court would find it unbelievable as well.
Write back reminding him that he asked to cancel the contract, you agreed to do so and that is an end of it. I don't think he'll take it further. His threat is simply opportunistic. Even if that isn't the case, there is no doubt that if he goes to court he will fail given the sequence of events and also the fact that you have site owner on your side.
Under no circumstances pay him any money at all. In his words he wants to take "everyone" to court. That must surely show you how (in)credible this character is!
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thank you for your response. Can you please confirm that you practice Scots law and are not based in England. Many Thanks

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