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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 116
Experience:  Qualified Solicitor
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My brother and I went into a joint venture to refurbish the

Customer Question

Hi, my brother and I went into a joint venture to refurbish the apartment that I had. We had signed an agreement which was only to last a year. However, we decided that it was in our interest to keep it. I have lost the my agreement and my brother is trying to sell the property even though we had agreed that I would buy him out. I asked my lawyer (Who is representing me for the buy out) to request this agreement from the lawyer who wrote it (which is the person that is advising my brother). She had passed a draft of minutes which were unsigned to my lawyer but never said anything about the agreement. How could I obtain a copy of this agreement and what can I do.
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: none so far as the lawyer I have only deals with buying and selling properties and I’m not sure where or what to do. I know there is definitely a conflict of interest for my brothers lawyer and she should not be representing him.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my brother had left the property to go basically in to foreclosure 3 years ago and I had to pay the mortgage and £2800 of fines and back payments.
Submitted: 1 year ago.
Category: Scots Law
Expert:  Virtual-mod replied 1 year 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!
Customer: replied 1 year ago.
Yeah I can wait for a little more I just need to know where I stand
Expert:  JGM replied 1 year ago.

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Which solicitor has the signed agreement? Do you think your brother would be able to afford to go to court for an order to sell?

Customer: replied 1 year ago.
My brothers lawyer was the one who wrote the agreement (She represented me during this process)and oversaw the signing of the agreement. Now when I requested it through my lawyer (who is dealing with the mortgage that I have sitting in place to buy him out) my brothers lawyer only sent over a draft of minutes which were not signed. This now leaves me in the position where I Can prove that there is or was an agreement in place. Is there anywhere that would keep a record of agreements that have been put in place. The reason why I need the agreement is because my brother stopped paying his mortgage and the property was almost foreclosed by the mortgage company and I have been paying the mortgage and the arrears that he had on the mortgage. I have spent around £8000 on these payments over the years. Furthermore, I have invested money into refurbishment of the property.
My brother has no money and is trying to get more out of me to pay his debts.
Expert:  JGM replied 1 year ago.

He can’t actually sell the property without your consent assuming the property is in joint names? The agreement might be registered in the books of council and session. Is there a clause at the end of the draft which goes along the lines that “the parties consent to registration of these presents for preservation and execution”?