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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9675
Experience:  I have been practising for 30 years.
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I sold my house to my son and daughter in law.no exchange of

Customer Question

I sold my house to my son and daughter in law.no exchange of money just paid off equity. I live here rent free only. I admit signing the contract and transfer forms but my signature of authority which I doubt gave my daughter complete handing of the sale with out my knowledge it was done at home they had local solicitors mine was miles away never met or spoke to them now I have the house files at long last after 2 years find that I can be evicted along with other things now we have fallen out they live in Spain how can I get justice and if proven can the house contract be unpicked. I am 81. Years old with very little money
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 1 year ago.

You say that you live in the property rent free. Is that right to live in the property for life documented in the deeds?

Who dealt with the transfer and drafting all the papers? Solicitors?

Did you see the solicitors face-to-face?

Apart from the possibility that you could be evicted, is there anything else that you want to know about this?

What do you want to happen in an ideal world?

Customer: replied 1 year ago.
to rent free verbal
All solicitors documents for signing were brought to my house by my daughter in law and son then taken or sent too the correct people as far as I know
Never seen spoke or visited my supposed solicitor. Until I phoned and requested the complete house files this year
In a ideal world I would like the house contract upturned compensation and justice of what they have done to me
Customer: replied 1 year ago.
Rent free not on any documentation just promises from both when I signed house contract and TR! To land registrar
Expert:  F E Smith replied 1 year ago.

Did your solicitor write to you at any stage asking you to confirm the instructions?

Did the solicitor send the documents for signing straight to you or did the solicitor give them to your daughter to take to you to sign?

Did the solicitor ever actually write to you or call you or speak to you?

Is your daughter threatening to throw you out or is it just a concern that you have?

Thank you.

Customer: replied 1 year ago.
Sorry can't afford phone call the letters that are in the file address to me at my address but never got them my daughter in law brought all paperwork to me never spoke to my supposed solictor I have a ? Letter that states that I have given my daughter in law my authority which she has acted on which I know is not my signature
No threatened to throw me out but have sujest end that they want to sell it
Customer: replied 1 year ago.
I have wrote to post office to see if mail at that time been redirected but due to been over two years all records disstroyed
Customer: replied 1 year ago.
All letters that are address to me at my address I have only just seen when I received the house file. My daughter in law and son who live in Spain has also used my address on the files and has had many conversations via e mail to her in Spain as they were only here for two weeks when buying the place
Customer: replied 1 year ago.
As stated On ? First letter to me ------ no protocol forms needed as family matter
Customer: replied 1 year ago.
I know the files are a complete mix up and I do thank you for any advice you can offer As. Money is very short I shall try to sort it with the said solicitor who has suposed to have protected my interest which in my eyes has not at all as I think there are certain pages missing in the files as some of the letters I think should have some kind of continueation. With paragraphs 1.2.3.4.5.6.7. --------- Missing. 8.9.10.11. --------12. There Thank you.
Expert:  F E Smith replied 1 year ago.

Thank you.

I disagree that you should not have been given Terms of business and Client care (protocol) documentation as this is a family matter. On the contrary, as it’s a family matter where there is a potential conflict-of-interest, particularly in view of the fact that you were potentially depriving yourself of your home, your solicitor should have sat down with you or at least explained the ramifications of what you were doing.

However, it’s more straightforward than that and the solicitor, if he knew you were going to live in the property even though it was being transferred to your son and daughter-in-law, he should have registered the right view to living it for life. The solicitor in that respect has been negligent.

You need to get that dealt with now and if your son and daughter-in-law will not agree to that, then you will have to take the matter to court for a court to decide the issue.

I would do as you suggested and start with the solicitor that acted on the transfer for you who, in these circumstances,you may find is keen to sort it out. If he isn’t keen, then see another firm of solicitors with a view to bringing a negligence claim against the old solicitors.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
In the house files I received this year the first letter dated March 17. 2014. states it's a client care letter with terms and conditions of business contained in a separate document found on their website and can be access. Also includes consumer protection (distance selling) regulations 2000 may also apply to this matter and would have had the right to cancel But since I never received any of this mail in the first place I could not complain or cancel at the time or access
Customer: replied 1 year ago.
Can I ask you this final question on all the paperwork I have in my house files this includes copies of supposed letters to me contract and transfer documents The only address is mine no buyers address what so ever just my daughter in law e mail in Spain their solicitor and my solicitor is it usual that the buyer address is not on any documents. Do I submit the button and stars which will be 5 as you have been most helpful once you have answered and can defiantly recommend the service you have given me
Expert:  F E Smith replied 1 year ago.

I do not believe that stating that the terms and conditions are available on the website is sufficient because a person may not have Internet access. Obviously you do but they don’t know that you do.

I seem to remember there is also been a ruling on this whereby it must also state that if you don’t have Internet access, you can get a copy by asking and giving the telephone number to call.

It would not be sufficient if the client care letter was sent to your daughter in law and son if the solicitors had not investigated as to whether you really wanted this to happen and it wasn’t your son and daughter-in-law doing something you didn’t want. In this case, it appears that you did want it, but you had not been advised of the ramifications and then potentially getting rid of the house from underneath you. To my mind, that is negligence.

It is normal for the buyers address not to be on any documentation although there must be correspondence somewhere, which you would not normally see, between the solicitor and the buyer. That could be all done by email.

There is another potential issue here and that is that this is in effect a sale and rent back. These schemes are regulated by the Financial Conduct Authority although it’s unlikely that this comes under the scope of the regulations because it’s an arrangement in private between family members. If it wasn’t family members, there are strict rules. However from your point of view, the safeguards in place for private individuals who are not connected should still have been looked at in principle by the solicitor that acted on the sale .

Here is a little bit on sale and rent back

https://www.citizensadvice.org.uk/debt-and-money/mortgage-problems/how-to-sort-out-your-mortgage-problems/sale-and-rent-back-schemes/

what I would do is speak to the current solicitors and ask them how they propose to make sure that your occupation of this property is protected. If they are not able to do anything or are unwilling to do anything, go and see another firm of solicitors with a view to bringing an indemnity claim against them.

If you just press the rating button (thank you) the thread will remain open and do anything else crops up, we can still exchange emails.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Mr Smith Would you please note if. You are having difficulties in taking the amount from my account please let me know as I had some young visitors yesterday and when they left I found that my Visa card had gone astray So I immeadatly rang the bank and cancelled my card and have requested a new one to be safe Sorry for the Inconvience please inform if there is a problem and I will use a second card. Thank you again for your advice. Maralyn.
Expert:  F E Smith replied 1 year ago.

The amount has all been sorted and I have been paid and thank you for the positive rating. Best wishes