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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I recently was engaged in an on line auction (National

Customer Question

Hello
I recently was engaged in an on line auction (National Residential) to purchase a house. The auction is dedicated to property and house viewings were dealt with by the estate agent Your Move. Your Move also had the property details in their window and you could bid through them.
I won the auction and subsequently discovered that the property owner was also a director of National Residential. By this time I had paid £1000 deposit but I refused to complete the sale due to what I consider was a conflict of interests. My deposit has not been returned.
Do I have any legal case against either National Residential or the director?
Thank you
Max Patterson
Submitted: 11 months ago.
Category: Law
Expert:  Alice H replied 11 months ago.
My name is ***** ***** I am happy to help you today. Please clarify what the conflict of interest is and why this would affect the sale / purchase of the property?
Customer: replied 11 months ago.
The owner of the property is also a director of National Residential. I was not made aware of this until after the auction. The auction is far from transparent. How can I possibly know that the bidding process was all above board?I have no intention investing any more energy in this if this is not clear cutThanks
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
Only that if you think I have a clear case that I can win
Expert:  Ash replied 11 months ago.
Yes I think you have an arguable case. The odds are in your favour.
Does that help?
Alex
Expert:  Ash replied 11 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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