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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A friend bought a property on auction on my behalf and he

Customer Question

A friend bought a property on auction on my behalf and he put his name on the title of the property. We have not completed the sale of the auction property. I would like to change the name on the property to my name. I am the person providing all the money to puchase the property. I would like find out if l need to pay another stamp duty again, to change the title to my name. i am the one who is for the current stamp duty buy the current title is not in my name . Please, I would welcome your advice on how to reolsve this issue. Thank you.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The paperwork is currently ben processed in his name.
JA: Have you talked to a lawyer about this?
Customer: I have not spoken to any lawyer about it.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Property Law
Customer: replied 15 days ago.
How can l change the title on the property to my name without paying a stamp duty.
Expert:  Virtual-mod replied 15 days ago.
Hello,

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!
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

may I clarify, when you refer to your friend putting his name on the title of the property, do you mean that your friend put his name on the auction contract please?

Customer: replied 15 days ago.
he put his name on the auction contract.
Customer: replied 15 days ago.
I will prefer to type
Customer: replied 15 days ago.
I don’t want phone call
Customer: replied 15 days ago.
I no longer require a phone call, please send a response to me in text message.
Customer: replied 15 days ago.
I wish to cancel the phone call request
Customer: replied 15 days ago.
I have responded stating that he put his name on the auction contract
Expert:  Joshua replied 15 days ago.

thank you. This is likely to be problematic in that there will usually be a condition of the contract that states that the contract could not be assigned by the buyer without permission of the seller. Of course, this does not mean that the seller will not grant permission, but he has no particular incentive to do so and if the seller refuses permission, your friend will need to be the individual goes through with the purchase - presumably using your money to do so.

If that is the case, you will need to consider having your friend execute a bare trust taking clear that although your friend is to be the legal purchaser out of necessity for the above reasons, the property entirely belongs to you in trust.

In this way, either following or simultaneously on completion, you can have your friend execute a transfer into your name. There will be no money consideration paid by you to your friend as on the above facts, the property will already be held in trust on your behalf and it simply on assignment of the legal title to you and hence no further SDLT would be payable. If there is to be mortgage finance this complicates the position significantly but I trust this is not the case and you are a cash purchaser.

in respect to your request for a phone call, I have not accepted the call request but it is probable that you have still been charged. if this is the case, if you drop customer services online, they will be able to arrange a refund:

https://www.justanswer.co.uk/help/contact-us