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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have had an on-going legal dispute over a property developed

Customer Question

I have had an on-going legal dispute over a property developed for resale with a 'friend'. The property has now been sold and the other party has offered me a settlement sum that is around half of what I should have received. Prior to sale, lawyers failed to resolve the matter, the house was sold and the other party has now offered to go to mediation. There is a Trust Deed involved that places the property in her name and states that the sale proceeds would be split equally between us upon sale of the house. I only signed this deed to enable her to obtain a mortgage on the property to complete the build when I had no further funds to input into the project and she told me that she could not obtain the mortgage if the property remained in both our names. The understanding we both had originally was that, upon sale of the house, we would each be repaid our outgoings (mine were about 80% of the purchase and development costs and hers 20%) and the balance after our respective repayments would be split between us. Numerous letters between the parties demonstrate this understanding. However, her new solicitor has pounced on the Trust Deed and has told me that I am only entitled to 50% of the realized sale price, not the balance after repayment of costs, which leaves me being faced with a huge loss, let alone any profit. Effectively, she ends up with about 60% of the proceeds and lived in the house for 5 years whilst I continued and continue to pay the interest on the mortgage I took out on my own house to fund the build.
Could you please tell me how much weight a mediator might put on the Trust documentation and how much he/she might use their common sense and see that her claims make no sense? I believe a mediator's conclusions are not legally binding, but how much could a negative outcome affect a potentil court case?
Thank you for any assistance you can offer me.
Yours faithfully
M W
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hello Nicola

Thank you for your e-mail. Your honesty is much appreciated, as the wrong 'expert' could give me an answer that could cost me a lot more than I have already lost. I can wait until the end of Tuesday 19th May. If a suitable person cannot be found by then, please cancel the question and refund the fee.

Once again, thank you - you give me the confidence to use the service again.

Yours sincerely

Marilyn XXXX

Expert:  Nicola-mod replied 1 year ago.
Hello Marilyn,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Dear Nicola

Thank you for your e-mail. Please could you cancel the question and refund the fee. Do you need my credit card details again?

Yours sincerely

MarilynXXX

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