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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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I don't want friends to move into the apartment below me where

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I don't want friends to move into the apartment below me where I live I have paid their abortive legal fees as they said if I did this they would no longer proceed I have paid their fees 700 and they have now said they will return the cheque as they are proceeding. I understand this is breach of contract and accordingly the remedy for me to stop them purchasing the property would be an injunction to stop them buying the flat below me. Would I be able to get an injunction against them and what would it cost?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Please bear with me for a few minutes while I type an answer.
Expert:  Alice H replied 1 year ago.
Could you lease clarify - was the chequered returned unbanked?
Customer: replied 1 year ago.
I sent the money direct to their account by bank transfer they have said the will send the money back to me by cheque
Expert:  Alice H replied 1 year ago.
Thanks. Certainly all the elements of a binding contract appear to be present - offer, acceptance, consideration and intention to form legal relations. The fact that the other party has changed their mind and does not want to go through with the bargain is likely to amount to a breach of contract and as such you can sue for damages and seek an order for performance. I can't tell you the cost - it really depends on whether the other party proposes to contest the matter - they may argue that the contract is invalid and unenforceable. If they do that both sides legal costs may rocket if the matter goes to trial. It may we worthwhile in the first instance pointing out in writing that a legally binding contract has been agreed and if they press ahead you will sue. They may change their minds once they receive your letter but if not you will have to obtain estimates from solicitors to pursue this matter - on average you would be looking to pay around £150 - £200 per hour for a civil litigation solicitors and a case like this will easy eat up 20 hours before proceedings are issued; you can't budget for less than £10,000 in my view.
Customer: replied 1 year ago.
I can't see what damages ie money I have lost practically speaking accordingly I would speak specific performance by virtue of injunction but if contracts have exchanged am I too late to do anything?
Expert:  Alice H replied 1 year ago.
I don't know all the facts here particularly the reasons why you would not want them to move in - but if they have exchanged contracts they stand to lose a considerable amount of money I imagine if cannot go through with their agreement to purchase the property and may be sued by their seller. If there are simultaneous court proceedings going on, a court might be more sympathetic to their plight than yours (but again it depends on why you have made the agreement that you did).
Customer: replied 1 year ago.
I paid their abortive legal fees so they would not go ahead with the purchase . They are old family friends and I simply don't want them living in the same block I have told them if they will go through with the purchase I will make their lives a misery
Expert:  Alice H replied 1 year ago.
They obviously changed their minds as they are entitled to do. The only question is whether a court will enforce the agreement you made with them. Unfortunately there is no specific case on this exact issue but in principle there is an enforceable contract the issue is whether a court would consider it just to do so.
Customer: replied 1 year ago.
ThanksGoodbye
Expert:  Alice H replied 1 year ago.
I'm happy to have been of service. Please remember to rate my answer so that I am paid for my time. Alice
Customer: replied 1 year ago.
Your answer was very goodThank ypu
Expert:  Alice H replied 1 year ago.
Thanks. Please click the stars or the smileys.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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