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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10661
Experience:  30 years as a practising solicitor.
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I gave the deposit to an auction company to hold a Scottish

Resolved Question:

I gave the deposit to an auction company to hold a Scottish property that I intent to purchase, but is not suitable as comes with asbestos and I do not want to purchase it, where I am standing with the property law?
Submitted: 2 years ago.
Category: Scots Law
Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was the money paid to a limited company?
Was the deposit ever intended to be non refundable?
Kind regards
AJ
Customer: replied 2 years ago.

The company is future auctions and terms and conditions http://webcache.googleusercontent.com/search?q=cache:bl0FmXjQnVwJ:www.futurepropertyauctions.co.uk/Terms%2520%26%2520Conditions%2520of%2520Sale.pdf+&cd=1&hl=en&ct=clnk&gl=uk

Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you.
I will review these, it may take me a while so please do not be concerned if you do not hear from me right away.
Kind regards
AJ
Customer: replied 2 years ago.

thanks!

Expert:  ajlaj01 replied 2 years ago.
Hi,
No problem.
Kind regards
AJ
Expert:  ajlaj01 replied 2 years ago.
Hi,
Thank you kindly for your patience I am going to refer this to one of our Scottish Property Law experts.
Kind regards
AJ
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scottish solicitor and will help you with this. What did the Home Report say about asbestos? Have you spoken to the surveyor who prepared the Home Report?
Customer: replied 2 years ago.

No, I have not done it yet, but missed the extra door on the report, may was shut down on the report day and the person unable to see it and comment, but missed? so where, I am standing with the Scottish law, with thanks!

Expert:  JGM replied 2 years ago.
In terms of the auction contract you accept the property in the condition that it's in. If you don't proceed you will be in breach of contract and you won't get your deposit back under any circumstances. The only possible remedy may be against the surveyor that prepared the home report and you would have to examine the home report, and in particular, any exclusions from that, to see if the surveyor was at fault.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10661
Experience: 30 years as a practising solicitor.
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