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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Again. You will see from my last question that I am intent

Customer Question

Hello again. You will see from my last question that I am intent on suing my ex- lawyer whom I had used successfully in 2004 to purchase adjacent land (Site B) to my former Hotel Site Site A for sale with outline Planning Permission. I marketed Site A
for sale & an Option to Purchase Site B subject to the Developer being granted Planning Permission. A developer purchased Site A & took a 12 month Option on Site B, eventually the planning consent became dependent upon a Section 106 Agreement. I entered into
3 associated legal contracts: In the Sect 106; Engagement Letter under Fees Costs & Expenses. We estimate our Fees in the region of £1000 plus VAT & disbursements (it was estimated completion in 4 weeks). However, we seek to argue the fees or expenses should
be met by the developers. I will let you know the outcome. This was 17th August 2009 & I entered into the Agreement on the 18th August. (He failed to inform me of any outcome). On the 19th Dec. I received 2 associated documents to read sign & return: A Unilateral
Undertaking & A deed of Indemnity. The Deed of Indemnity was less than 1 page. It was too be signed by both parties: The Developer covenants with the Owner that it will at all times keep the Owner & his personal representatives & his & their estate & effects
& effectively indemnified against all actions, proceedings, liabilities, claims, damages, costs & expenses arising out of the terms contained in the unilateral undertaking. This Deed to be signed both Parties. The Unilateral Undertaking had a lot more content.
The legal basis was made pursuant to the 1990 Act section 106. Basically I believed I was prepared to enter into this Deed in order to secure the planning obligation. The Developer intends to exercise its option to purchase following the grant of planning
permission. My Question is related to the following: By being indemnified from all liabilities, claims, damages, costs & expenses arising! To me this included: All related legal cost for the Section 106: Also any expense related to the eventual Section 106
sum. Which was £313,500:00. The £1000:00 estimate & all time & cost analysis's under the Firms Billing headed the generic heading: Sect. 106 Agrmt. Mounted up to many thousands of pounds. The Sect 106 was not agreed until 29th July 2010! Their billing continued
under the same 'Heading' until 25th February 2011? I have one Account dated 20th October 2010 that I owed £2005:00? To simplify my Question: I believed that all costs & expenses ought to have been met by the Developer. Including the liability to pay the Council
£313500:00. Any answer must be quantifiable for me to use in impending Court proceedings! This Q? requires an Experience Property Lawyer with Expertise in Options!
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Nicola I am more or less certain that the 'Deed of Indemnity'; protected me against costs & expenses such as legal fees, which would be the responsibility of the other party? I also believed that the Section 106 amount of £313,500:00. Could or should not be claimed from me & therefore by offsetting the amount against the value of my Option Land to all & intense purposes I paid the £313,500:00! I am in need of 100% confirmation that this legally ought not to have transpired? I am prepared to be patient & wait for an answer from such an Expert! I would be happy if required email a copy of both The Unilateral Undertaking & the Deed of indemnity to any such expert if required? Thank you I'm sure you will do your best to find to find the right person ASAP. Regards, ***** *****
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 2 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  Nicola-mod replied 2 years ago.
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 2 years ago.
Nicola I would appreciate a refund as you have been unable too provide an answer. I look forward to receiving my £32:00