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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Bought a property from my brother in law which is fully paid.

Customer Question

Bought a property from my brother in law which is fully paid. He has signed a receipt for the money paid 137K but the documents still in his name. Now that I have started doing the works needed on the property he is stoping my plans. What can I do? Who has the last say on matters regarding the property?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was there a mortgage on the property?
Why was the paperwork not dealt with immediately?
Customer: replied 2 years ago.

The property belongs to my brother in law. He has a small amout of mortgage left to be paid. The deal was that he would pay off the mortgage and then just transfer the property to our name ( my name and my husband's).

As my previous e-mail we paid him £137K then he asked for another £10k to do the works but he did not started to do any work at all in the property.

About 2 weeks ago we started to do the main work like plumbing, heating,electricity. He keeps threatening to ask the workmen to leave the house if he is not happy with them. Whatever we do, he comes in to criticise it.

The paperwork was not dealt with straight away because he needs to settle the mortgage then transfer the documents. We have his written sales aggrement that and his bank statement proving the payments.

Customer: replied 2 years ago.

yes, there is a small figure owned on the mortgage.

He said he would transfer the documents to ourselves as soon as he could, because the remaining mortgage repayment. He wants to do the transfer himself. We have not contacted a solicitor regarding this purchase taking into account that he is a member of our family.

Expert:  Clare replied 2 years ago.
Have you actually seen the Office Copy Entries?
Do you know how much is outstanding on the mortgage?
Customer: replied 2 years ago.
Yes, I have seen the office copy entries.
Apt standing mortgage is £12,,000.00
Expert:  Clare replied 2 years ago.
My apologies for the delay - I was unexpectedly offline
Why has he not used the money to ay off the mortgage so that the Transfer can go ahead?