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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15902
Experience:  30 years as a practising solicitor.
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We agreed to a loft conversion by text though no details in

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We agreed to a loft conversion by text though no details in text messages re what conversion constitutes. We have changed our mind. Are texts legally binding?
Assistant: Where are you? It matters because laws vary by location.
Customer: Edinburgh Scotland
Assistant: What steps have you taken so far?
Customer: Conversations in the house, agreement on price. No details in writing re what builder is going to do, some text messages confirming we'd like him to go ahead based on verbal conversations
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not sure?
Customer: replied 1 year ago.
He agreed to price if we pay cash ie taking VAT out of the equation. We are not comfortable with lack of written offer or this aspect

Thanks for your question. I am a solicitor in Scotland. Verbal agreements and agreements by text can be binding. However in this instance it would appear that there is no concluded contract because it is conditional on cash being paid and you haven’t agreed to that. However, when deciding whether to go ahead remember that it is perfectly legal for you to pay cash to a builder. If th builder doesn’t declare it for tax or VAT purposes that is his look out and not yours. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
I did intend to pay cash anyway and told him that (verbally) but still not sure where I stand legally as any work he plans to do has only ever been discussed, nothing in writing. I will give you a positive rating but I am unclear re whether we are okay to now say we don't want work done.
Customer: replied 1 year ago.
Okay, now realise I am call you and happy to pay to do so but not at midnight. Hope this is still an option tomorrow. Thank you