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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10352
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I needed some paperwork signed by the previous owner of the

Resolved Question:

I needed some paperwork signed by the previous owner of the flat we are selling. She insisted that she wouldn't sign until I agreed to pay her £3,000, I told her we didn't have that kind of money. She has no legal claim to do with the flat and called it a 'commission'. I emailed her the offer of the money along with deadlines of when it had to be done and she's now signed the documents. Would she have any claim if I don't pay her?
Submitted: 5 months ago.
Category: Law
Expert:  Aston Lawyer replied 5 months ago.

Hi,

What paperwork have you had to get her to sign?

Was the agreement concerning payment of £3,000 in writing or email, or was it merely discussed orally?

Kind Regards

Al

Customer: replied 5 months ago.
Hi,She was still on the title deed and so needed to sign something to allow the sale to go through. She'd signed over the property to a company 6 years ago that took the flat over after she was in negative equity. There was a power of attorney in place.She was initially in touch with my husband by phone demanding this 'commission', she also said the same to the person from the company that took the flat over. The offer was via email.Thanks
Expert:  Aston Lawyer replied 5 months ago.

Hi,

It sounds to me that if a power of attorney had been set up, she would have agreed to sign this paperwork when she first "sold the property" and hence, she was only doing what she probably legally agreed to do in the first thing.

If you had agreed to pay her the 3K by email, in theory, she could pursue you for this, so you really need to find out from the Company who purchased the property from her as to whether the small print at the time made it a condition that she would sign any future paperwork in the future. If it did, she doesn't have a leg to stand on.

In any event, if I were you, I wouldn't be paying her a penny! She would have to take you to Court and even if she did, she would need your forwarding address before issuing any Court proceedings can be issued.

I hope this helps as far as it can.

Kind Regards

Al

Customer: replied 5 months ago.
I believe she was obliged under the terms of the contract with them to sign any paperwork relating to the flat. So hopefully this means we can walk away from it!Thanks
Expert:  Aston Lawyer replied 5 months ago.

Hi,

It would be usual for her to have been under a duty to sign, but without seeing the paperwork myself, I can't of course give you this confirmation 100%.

In any event, if she has previously sold the property, she is not legally entitled to any further monies relating to the property.

I would just ignore her from now on!

Kind Regards

Al

Expert:  Aston Lawyer replied 5 months ago.

Hi,

If I have assisted, I would be grateful if you could rate my answer.

Thanks

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10352
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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