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Contract before Freehold Transfer

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Re: Contract before Freehold Transfer

Postby atticus » Wed Sep 21, 2016 8:27 am

There would be a simpler way.

Please take professiinal advice. Yes, that comes at a cost. However, clearing up a diy mess invariably costs more.
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Re: Contract before Freehold Transfer

Postby theycantdothat » Wed Sep 21, 2016 11:04 am

Flattie wrote:Thanks. Would it be inconceivable to sign 2 complimentary contracts. One with the detailed specification required by A, the other with contractors, quotes and dates required by C.

If a lawyer drew up an agreement referring to C's schedule of work, this could simply be copied inserting A's complimentary schedule. Or am I getting too complex.


Yes. This is not a matter which warrants complex legal documentation. Legal costs can soon become disproportionate to the benefit anyone will achieve.
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Re: Contract before Freehold Transfer

Postby Flattie » Wed Sep 21, 2016 9:07 pm

I strongly feel that an amended schedule of work (as attached) would achieve what we want. It keeps it simple, so that there is no doubt to anyone as to what work is being carried out, and that no other work will be done until this is completed.

"I am not willing to start paying out money on a one-off agreement/deed etc when this can be achieved in a much simpler way as I have suggested above.
From the legal advice I have obtained, our schedule would hold just as much weight in any legal proceedings (FTT/mediation/arbitration etc) as something drafted by a solicitor as it is purely an undertaking to do something (in our case carry out work) – where there is no legal sanction as a result of not fulfilling the obligation. Having it written by a solicitor is disproportionate."


C likes dates/contractors but does not wish solicitors? I am ready to bang my head against a wall.
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Re: Contract before Freehold Transfer

Postby dls » Thu Sep 22, 2016 7:07 am

You miss the point.

Of course words put together by you will carry as much weight as any written by a solicitor, but the issue is whether the words will carry you in the right direction.

A correct answer to this requires a view of the leases. Older leases make very poor provision for 'sinking fund' type arrangements - where money is paid by one tenant against repairs which may only be completed after he leaves. In the absence of proper arrangements, different difficulties may arise.

It is right to keep this proportionate.
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Re: Contract before Freehold Transfer

Postby atticus » Thu Sep 22, 2016 7:13 am

Getting a solicitor to clear up a mess will not be cheap, but may be considered proportionate to the size of the mess.

It is something I have to do regularly. Some economies are false ones.
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Re: Contract before Freehold Transfer

Postby Flattie » Fri Sep 23, 2016 7:29 am

If as D's legal advice has intimated an agreement would have no teeth then I probably agree with D in that there is little point in getting a solicitor to draft a contract that cannot be enforced.(of course D may be telling me porkies).

However, if it can be a binding contract which can be enforced if not adhered to, then I can see the advantage of paying a solicitor myself to draft it even if the others will not fund a share.

Can such a 3 way contract be binding and enforceable through a court if not adhered to?
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Re: Contract before Freehold Transfer

Postby Flattie » Fri Sep 23, 2016 7:36 am

dls wrote:You miss the point.

Of course words put together by you will carry as much weight as any written by a solicitor, but the issue is whether the words will carry you in the right direction.

A correct answer to this requires a view of the leases. Older leases make very poor provision for 'sinking fund' type arrangements - where money is paid by one tenant against repairs which may only be completed after he leaves. In the absence of proper arrangements, different difficulties may arise.

It is right to keep this proportionate.



I don't understand the reference to the leases. We are talking about an agreement as proposed freeholders, where work will be funded by freeholders and leases/service charge provisions will be completely ignored.
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Re: Contract before Freehold Transfer

Postby atticus » Fri Sep 23, 2016 8:48 am

I can see no reason why a well-drawn contract in this situation should not be enforceable.

Is this a case of chinese whispers?
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Re: Contract before Freehold Transfer

Postby theycantdothat » Fri Sep 23, 2016 9:15 am

atticus wrote:I can see no reason why a well-drawn contract in this situation should not be enforceable.


I agree, with the emphasis on "well-drawn".
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Re: Contract before Freehold Transfer

Postby Flattie » Fri Sep 23, 2016 9:16 am

I have a feeling it may be C taking legal advice and then not passing on what was said truthfully. It may well be C would like a contract that is not enforceable. This would get D(who is his friend) onto the freehold without giving any ground, and the argument would resume.

If I get a solicitor to draw up a contract I suppose the real proof of the pudding will be whether C/D will sign it. I am in rather the unfortunate position where I will not know that until I pony up the cash.
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