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Showing results for tags 'caveat'.
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Last year I bought a property with a tenant that was entered into an auction. 5 Days prior to me exchanging contracts the vendor had a council letter with a council order to remedy hazard 1 and 2 deficiencies. All 15 of them including damp and re-wiring. He has withheld this from me and as a result 3 weeks after completion council contacted me as a new owner to carry out these repairs. Total cost up to now £8000. I have made a claim against a vendor for the cost of repairs based on the CPR 2008 regulations Misleading Omissions paragraph 6b as I would have never entered into a contract should I be aware of this. The vendor painted over the damp walls and made the property look nice so there was no way of knowing the hidden problems just by seeing it. My case was last month and the Judge stated that I had no legal standing with my claim and on the caveat emptor principle dismissed it. I was never allowed to present my case or ask the vendor any questions. The whole case was about 15 min long during which the Judge talked. The vendor was not asked even 1 question. To take this matter to court cost me £800 already and I feel I have been treated badly and did not get proper hearing. So I wonder how do CPR’s 2008 regulations protect buyers from cheating vendors? Also I feel that Judge failed to deal with all the issues that were put to him as per section 68(2) a and d of the Arbitration Act 1996. In fact he did not deal with any. I am considering an appeal any help/advice would be appreciated.
Help needed my husband of 1 year passed away at the age of 83years old, i I was made sole executor of the will and sole beneficiary on his new and last will dated 8 months before he passed away. I had been together with my husband for 4years and looked after him day and night, simply his wife, carer, friend and we had a good life together. My late husband had no blood children of his own nor did we have children together before we married he was widowed and his late wife had a son from a previous marriage whom lives abroad He had completely no contact with my late husband. I made an application for probate only to find out 3 weeks later that my late husbands step-son had put a caveat on the probate. This man is 60 years old and has lived abroad all his life, made no contact with my late husband or came to the funeral. How can this be allowed? I was with my husband day and night at the hospital until his dying day, i live in the matrimonial home which is on my husbands name and there is about 70k in the bank on my husband bank account which rightfully is mine i cannot get any access to it without grant of probate. My solicitor sent them a warning and giving 8 days to reply. Does this man have a right to place a caveat and on what grounds? My husband was of sound mind when he did the will and it is a legit will witnessed by a different solicitors. What can happen?
I invited a local estate agent to view my property for evaluation in early May 2010. I also invited another agent for the same purpose a week later. I invited agent (a) to revisit my home to take the listing. They backdated their signature on the Sales Agreement by nine days, without my knowledge or authorisation. My signature reflected the correct date of the Sales Agreement. The agent did not advise me that by placing my initials in a box contained within the Terms and Conditions of the HIP Pack, I was waiving my rights to the seven day "cooling off" period. They said that they had me do this so that they could proceed with the HIP which was abolished six days after I had signed the Sales Agreement, leaving me liable for the cost of the HIP and their listing fees, should I change my my during that seven day period. They instructed their own conveyancing solicitors to send a questionnaire re the HIP Pack. It was dated the 18 May 2010. giving no time for me to process the paperwork and send it back to them before the HIP Packs were abolished on the 20 May, 2010. Three years later, they started to pursue me for the cost of the HIP Pack. They took the matter to court. I was unaware of the action because they did not send me a copy of their Directions Questionnaire. The Judgment arrived in April 2015. There had been no demand for payment of the HIP Pack and their Listing Fees, + VAT until 2013. I have successfully had the judgment stayed. The other party did not show up in court. They have until the 31st July, 2015 to respond to the Court. After that date has elapsed, the case will be struck out. They continued to list it until end 2011, when they removed it from their listings as they said that my property was too expensive, and had not negotiated a more realistic selling price. There were no negotiations during that listing period, and they had recommended the asking price! I had already reduced the price in 2010, at their request, and then relisted with them in 2011, at their suggested figure, which was £15,000 over the previous year. Following the Judgment, the estate agent sent the sheriffs to me, ignoring the Court's Stay of Writ. The sheriffs advised that they would be here Stay of Writ or not. The estate agent ignored the Stay. I was in a state of shock for some considerable time following the arrival of the Judgment and the sheriff's unexpected appearance. None of the major relevant agencies are interested in this situation, all giving varying reasons for their lack of interest. I wonder what the forum makes of this situation. I seems ludicrous to me that there is no recourse open to me, considering the amount of anguish and trouble that I have been subjected to, I should mention that I am a 74 year old lady, and feel that I have been thoroughly taken advantage of. The other, obvious concern, is that as the relevant agencies are disinterested, the agent is free to continue similar practices.
I have had appearance to my caveat dismissed. I believed that I have not included the pertinent point required by the division. Another caveat has been approved-- The deceased owed a large sum of money which he was paying before his death but the executors don’t want to pay up, only offered a quarter of what was owed , I rejected What are the chances of the caveat success