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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 3322
Experience:  Freelance Solicitor at Self Employed
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FAO: Vineet S

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FAO : Vineet S

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

Please attach your document here.

I will go through it and will be with you in a short while.

Thank you for your patience.

Customer: replied 2 days ago.
File attached (1VV77SQ)
Customer: replied 2 days ago.
Thanks, ***** ***** you have an estimated time for this?

Hi there,

Could you please confirm if you have made payments as per the payment structure ?

Under the English contract Laws, there is no legal requirement for having a written contract.

Contract can be implied, verbal and confirmed by the conduct of the parties.

If the main terms of the contract have been agreed verbally or in correspondence, emails, then parties can enforce this contract, even if no contract has been signed.

If the developer has accepted your payments as per the payment structure, then a binding contract has been formed, this contract has been confirmed by the conduct of the parties.

You can take the other side to the court for the breach of the contract.

Customer: replied 2 days ago.
I paid £3000 initially and have since paid an additional £6000, with the final £3000 to be paid upon completion of contract. The developer has since not provided the contract so I am in limbo. what I understand from what you say is that the document is as good as a legally binding contract and I am under obligation to pay the rest; if I don’t the developer can walk away with my money. I also understand from what you say that the developer has breached the tenets of the agreement for not providing the contract in due course and that I can sue them for this.

Scheduled Contract completion date was of sept 2020.

Could you please elaborate what happened since Sept 2020?

Customer: replied 2 days ago.
what I am concerned about is that, once receiving the court notification, the developer will agree that they will complete the contract. Will I be able to say ‘No’ and that I want my money back on the grounds that you stipulated?

You can approach the court for recovering of the amount paid and not for completion of the contract.

You would be able to say No to the contract citing your reasons.

Customer: replied 2 days ago.
Since Sept 2020 I awaited the contract to be completed. This went on and on. My then solicitors fell out with the developer because they were selling spaces without notifying them. I sent numerous emails over the months trying to get answers for when the contract would be ready. I was told I needed to complete with a new solicitor, which I then found, I also needed to wait until the complex would be finished - this completion date has just been moved month after month. I received an email saying they were ready to complete but my solicitor has since heard nothing back. I will send you the letter of complaint addressing the the events by date

What your solicitor who is working on this file , has to say about it?

He/she is better placed to provide a resolution to the issue at hand.

Customer: replied 2 days ago.
File attached (1Q1QPGS)
Customer: replied 2 days ago.
This letter will elaborate better

Yup, you have a case to get the refund of the amount paid, plus you can claim 8% annual interest on the total amount due.

Customer: replied 2 days ago.
Ok, great. Can you clarify what that 8% annual interest is exactly? It wouldn’t be to with the rent? I take it that it’s a general allowable expense to myself ..?
Customer: replied 2 days ago.
Also, would I need to make two separate claims - one for the return of my £9000 and one claim for my rental due on space 78?

8% interest on the amount you have paid , not including the rent you were expecting.

You can not claim both, if you were given rental , then their part of contractual obligation is being completed, and they can ask you to pay the remaining amount and complete the sale then.

you do not want that, you are not enforcing the contract here , you are looking to get the payments back.

Customer: replied 2 days ago.
They are two separate contracts : one contract is for space 78 on which they owe me for the third quarter .
The other agreement is for space 80, for a which the contract has not yet been completed
Customer: replied 2 days ago.
This is why I ask about two separate claims.

So, you paid this 9K for both (78 plus 80) spaces?

Customer: replied 2 days ago.
No. I completed on a contract for space 78 and have received two quarterly rental payments, the third now due since September 29th. This contract cost £12000 and is complete so I cannot get out of it and must wait another four years before I’m free of it.The issue with space 80 is a separate matter; it was an agreement set up on September 25th 2020 and is still not complete - I have been paying stage payments but do not wish to proceed any longer given the track record of the developer as already elaborated upon

Right, keep them separate .

Customer: replied 2 days ago.
Therefore can you confirm that your advice still stands?

Yes, it does.

But keep them separate as these are two different contracts.

Customer: replied 2 days ago.
Ok. I shall do. Thank you. I will proceed then with the N1 online forms.

Thank you for using Just Answers. Enjoy rest of your day. Best wishes.

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