How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3266
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

We are in the process of purchasing a property from a

Resolved Question:

We are in the process of purchasing a property from a holiday company. The sales and purchase agreement sent to us in April named company X as the owner of the property. We were then sent an email explaining that company (X) was not the owner, in fact it was company Y. We were sent amendment document with the new company Y name on it.
and asked to sign and backdate it to the original date in April.
The question is straightforward.........is the original paperwork null and void?
We assume so! If we want to pull out of this deal, would we be able to use that as the bot***** *****ne?
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

For now please let me know whether contracts have been exchanged yet ?

Customer: replied 8 months ago.
No we haven't exchanged contracts yet as we are in the middle of sorting out the mortgage in the US
Customer: replied 8 months ago.
The property is in the US
Expert:  Jamie-Law replied 8 months ago.

Thanks. Ok, then you can pull out at any time before contracts are exchanged. This applies in the UK as you have listed this for a UK question.

As for the USA then it makes no difference. If you are based in the UK and they are in the US then they cant pursue you here anyway.

Judgments from the US and generally not enforceable in the UK
Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
We have already paid a deposit. The holiday company that we are buying this property through are based in Spain, but the actual company that is selling the property is registered in the US. The holiday company has our deposit which complicates matters as we would obviously want that back!
Customer: replied 8 months ago.
Sorry, the company's registered office is in the UK.
Customer: replied 8 months ago.
not in Spain.......so the deposit is held by the UK company. The contract is between us and the company in the US that is selling the property. I hope that makes sense!
Expert:  Jamie-Law replied 8 months ago.

It's not binding until exchange of contracts. Either party can pull out.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 8 months ago.
OK. So you are confirming that the original Sales and Purchase Agreement with the wrong company name on it is not legally binding?
Expert:  Jamie-Law replied 8 months ago.

Correct. But that does not matter anyway, you haven't exchanged.

Does that clairfy?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3266
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice