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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11893
Experience:  Dual qualified Solicitor and Attorney
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My partner had an agreement with his older employer who

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Hi, my partner had an agreement with his older employer who completed the renovation on his house. The terms were that if the house was sold within 3 years he wanted his money back but after that he did not. The agreement was sent in an email and it was claimed to be a “gift”. The house sale completed 2 days after the agreement date would have ended and he is still requesting the money - can he do this?
JA: Has he talked to a lawyer about this? What country does he live in?
Customer: it’s the UK - we do not have a lawyer
JA: What steps has he taken so far?
Customer: so he told the guy that the house was up for sale in November last year as this was In the agreement date - the initial sale fell through and it was put back up for sale again. It went through and completed on 8 June 2022. The email sent to my partner was 6/6/2019 and so three years would be 6/6/2022. My partner was going to keep the money as it’s out of the agreement but the guy is chasing for it again.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My partner said he would give it to him on Friday 17 June 2022 because he didn’t want to be taken to court but wants to know if he is within his rights to keep the money due to the agreement
Customer: replied 17 days ago.
We want to know whether we are in a position to not have to send the monies over. Attached is a screenshot of the message
Customer: replied 17 days ago.
File attached (V74T173)

They cannot claim back any money for the refurbishment when it has been more than 3 years since the refurbishment was completed. As the email makes clear if the property is sold after 3 years, the refurbishment should be considered a gift, I trust this assists

Customer: replied 17 days ago.
Hi, thank you for your email. How would you word a response back to the guy to tell him the money cannot be given for the refurbishment?
Customer: replied 17 days ago.
Would he be able to take my partner to court or would he have any legal grounds to take the money?

Hi Tony,

Thank you for your email, in terms of the refurbishment costs, I note at the time of the refurbishment that you made clear in your email of 06 June 2019 that if the property was sold within 3 years the refurbishment costs should be refunded but that if the property was sold after 3 years the refurbishment costs would not be refunded and should be considered a gift from Jane and yourself. The 3 year period commenced on 06 June 2019 and ended on 06 June 2022. The property sold on [insert date] i.e. after the 3 year period for reimbursement ended. As a consequence no such reimbursement is due.

Nevertheless, I wanted to once again thank you for the refurbishment that you undertook in order to enable create security for the boys and myself, during a difficult time for us this will always be remembered and treasured as an example of the decency of humanity and the kind spirit that Jane and yourself showed us.

Kind regards,

I trust this assists

He could try and take him to court but no he does not have grounds based on the clear terms of the email you uploaded. I trust this assists

Customer: replied 17 days ago.
Thanks - so if he tried to take him to court Tony would be told that there is no ground for a case at court and it would not succeed? Of course we do not want to start racking up court fees
Well the court would not necessarily say that straightaway it would still likely end up going to a hearing but eventually yes. I trust this assists
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