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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3957
Experience:  Solicitor
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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: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 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 9 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 9 months ago.
The property is in the US
Expert:  Jamie-Law replied 9 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 9 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 9 months ago.
Sorry, the company's registered office is in the UK.
Customer: replied 9 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 9 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 9 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 9 months ago.

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

Does that clairfy?

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