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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14276
Experience:  I have been practising for 30 years.
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Thank you. I had a property with my brother 50/50 which was

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Thank you. I had a property with my brother 50/50 which was split and the larger part sold in March. Unknown to me a clause was put in the sale that effectively froze the money from the sale until all matters resulting from the sale had been arranged. The conveyencing solicitors sent me an email on the day I got married informing me of this.unfortunately I didn't notice this email till very much later. They said they took my failure to reply as an acceptance of this condition which is certainly not the case. Is there anything I can do?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. I am trying to settle the issues with my brother but I am unable to work due to prostate cancer. Thus Ifar we are only progressing very slowly. Has already been 3 months
Assistant: Have you talked to a lawyer about this?
Customer: Only the conveyencing lawes and she said it will be blocked till we settle all issues. I would like to buy the remaining 1/3 of the house but there are many financial issues to settle and also the value of the residue. The house needs some serious work before it is convenient for me to live there
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Only that I would like to get the clause put aside as I did not consent to it.
Customer: replied 5 months ago.
I have just checked my emails and the notification from the conveyancing solicitor about holding the funds was actually on 6th March. 2019 I got married on the 9th March and the house completed on the 12th March. It was after the sale had completed that I realised the funds had been frozen.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

what are the issues with your brother?

and how long did it take for you to see the email re the proceeds?

Customer: replied 5 months ago.
A few days after the sale had completed. I was informed by email which I did not open on the 6th March. There was a question about releasing funds after the sale had completed on the 12th I believe.

Legally, the conveyancing solicitors cannot say that you accepted if they didn’t hear from you. Apart from the fact that it’s very bad practice to say that, there is already case law that someone cannot accept by silence. Felthouse v Bindley.

You have a complaint to make about that to the firms complaint partner and if that doesn’t bear fruit, to the Legal Ombudsman.

I assume that the only relevance to you getting married is that you are saying you were busy on that day and that’s why you didn’t respond to the email.

The above obviously deals with the email issue.

I’m not certain what the problem is with the money and what the argument is over.

You can expand upon that, I can answer further.

Customer: replied 5 months ago.
That's the point exactly. Thank you you have been very helpful

I am glad to help.

Before you go (you can come back here at any time as the thread stays open), please do not forget to use the Rating Service because that gives me credit.

You may need to login again to use the rating service.

It doesn't just give me a pat on the head!

The thread remains open, and we can still exchange emails.

Kind regards.

FES

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