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JGM, Solicitor
Category: Law
Satisfied Customers: 12084
Experience:  30 years as a practising solicitor.
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I bid via written offer and the auction

Customer Question

I bid via written offer and the auction house then called to ask if they should submit it to the owner when I said yes they then wrote having taken the deposit off my card and their general conditions. No other document was sent to me. Thereafter I did not hear from them and then was told this year ( the deposit was taken on 10th Dec) that sale has been cancelled as I failed to complete on time to which I said no one gave me a date of entry and also was never presented with any other documents. The lawfirm the auction house asked me deal with said it was per the contract and I said that I never signed any contract at all. The auction house now says that by submitting my offer I authorised them to sign the sale contract on my behalf which I find ridiculous neither did they even send a copy prior to their alleged signature. I would like my deposit back. What is your view

Also the firm that the auction house referred me to say they returned the file with the property titles etc to seller as they sent emails to me and never heard from me. I explained to them I never received the emails and also importantly had sent them an email specifically asking about the date of entry. The law firm have said they have closed their file. The auction house says I was under legal obligation to complete the sale which I agree and wanted to do but I cannot. Their general terms say the default date of entry is 28 days after the auction which in my case based on private offer was 10th Dec but they closed their files on 22nd Dec and asserted a date of entry of 15th dec 2014.

Please urgently confirm what my rights are on deposit and also an administrative fee that they collected from my card that they were to collect on exchange of contracts which in my case I never was made aware of at all

Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you question.
The answer to your question depends on what actually happened here. The firm that you refer to as being the law firm that the auction house referred you to may well have been referred by them but at that stage they became your solicitors and it was your responsibility to ensure that they had adequate instructions and it was their responsibility to take instructions from you.
Your narrative says that emails going back and forward weren't received.
To investigate this you will have to get another solicitor to requisition their closed file . It would appear that the whole deal has fallen here, and because of that you may have lost your deposit to complete. However you have to find out why that is and you need the file to do that.
Happy to discuss further.
Please leave a positive response so that I am credited time.
Customer: replied 3 years ago.

I need more information on a couple of things mentioned in my first data

First : can someone sign a contract on your behalf ie purchase of land under the law society conditions?

B) if I was never told about the date of entry how. Does the auction house appointment of solicitors make the date of entry no one told me about my responsibility

C) don't I have a right to see the contract purchase of a property I bid offer?

D) what is the process on power of attorney sale

Expert:  JGM replied 3 years ago.
1. Almost invariably a solicitor signs the contractual documents on behalf of the client when purchasing property. If you attended the auction yourself, you may have signed yourself and the auctioneer would be authorised to sign seller.
2. As I said before, if you elected to go with the recommended solicitors it was then your responsibility to instruct the solicitors and them to act on your instructions.
3. Yes, you should have asked to see the contract but you don't appear to have successfully made contact with the solicitors.
4. The attorney can do everything that the party could do.