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