Urgent replies needed please..

Shine Star

Ok I made an agreement with someone it was a legal binding agreement drawn up with a solicitor...It stated that I leased something of value for a few years and that something should all be returned to me at the end of those years...However this did not happen due to a circumstance of fraud..I want to know is it possible to break a legally binding agreement or is their a doctrine of mitigation that states that if I ever wanted to sell that something to this other person it was possible? This wasnt stated in the agreement if I had wanted to would I not have to draw up another agreement stating so i.e that i no longer want to lease that something for the number of years that I would sell now as this same person is prepared to buy it...or did my solicitor feed me a load of crap...

tommy21

Shine Star wrote: »

Ok I made an agreement with someone it was a legal binding agreement drawn up with a solicitor...It stated that I leased something of value for a few years and that something should all be returned to me at the end of those years...However this did not happen due to a circumstance of fraud..I want to know is it possible to break a legally binding agreement or is their a doctrine of mitigation that states that if I ever wanted to sell that something to this other person it was possible? This wasnt stated in the agreement if I had wanted to would I not have to draw up another agreement stating so i.e that i no longer want to lease that something for the number of years that I would sell now as this same person is prepared to buy it...or did my solicitor feed me a load of crap...

Simply Engrish please.

amdublin

I don't really understand what you are asking

johnnyskeleton

Shine Star wrote: »

or did my solicitor feed me a load of crap...

If your solicitor told you something, trust him or her.

There's a good chance that he or she is right, and if they are not you can sue them.

Much better than relying on what is said on boards.ie

Shine Star

Sorry for the confusion...Ill try and explain it from another angle..I don't know if the same rules apply...What if I was a landlord and I rented a house to a tenant for 1 yr and we both signed a legally binding agreement...And two months in, this tenant inherits or wins a large sum of miney and wants to buy my house if I would sell....Suppose I did could we just go ahead and do that? Would we have to draw up another agreement stating a cancel in the first and this is the reason why and declare selling it over?..When a party breaks an agreement they can be brought up over it so in order to insure that isn't the second option more likely?....Does anyone know what the doctrine of mitigation states?...I was told that it could be done in my situation that if we got forms we could go ahead and sell as long as it was the same person?...Is this correct another solicitor who is a relative told me my agreement could not be broken..So who do I believe?

amdublin

Where is the "circumstance of fraud" in your second scenario?

They sounds completely different to be honest.

Suggest you talk to an Independent solicitor, show them the contract etc and see what they say about the terms of the "lease"/contract.

Think you should talk to a solicitor. Sounds really eh, complex, and we can't give advice here anyway.

johnnyskeleton

Shine Star wrote: »

I was told that it could be done in my situation that if we got forms we could go ahead and sell as long as it was the same person?...Is this correct another solicitor who is a relative told me my agreement could not be broken..So who do I believe?

Which of those solicitors did you pay money to and who took the time to sit down with you and consider your situation, and which of them made some casual remarks in the pub or at a family do?

Shine Star

You are right it is a complex matter...I do agree there is no fraud in the second i was just trying to explain my situation via that of another...The fraud is that I did not wish to sell anything but due to a form it happened I didnt think nothing could be done in the time frame for either me or the other party would have broken an agreement and either he or I would be prosecuted...Apparently though the other party broke the agreement he can't be prosecuted because it was something that could be done?..I don't get this part...I questioned this so I arranged a meeting with a relative and asked him what he thought he was concerned as to some things that was said by the solicitor I had he said she had no right to say those things and he insisted the agreement could not be broken...So I basically got it could and it couldn't...The reason it could was due to this doctrine of mitigation...your right though maybe I should take it to another only probably being I no longer have this agreement because my solicitor lost it and its about the third copy of it lost by her at this stage...Id have to relocate another...

nuac

Shine Star

That is one confused message, and your further attempts do not make it any clearer.

Try writing out what actually happened in chronological order in short sentences with some paragraphs.

Then raise your questions - again separate para to each.

A solicitor may be reluctant to get involved with you because on present form if you had to give evidence in court you would be all over the place.

Sorry, but that is my view.

Shine Star

Ok I couldn't but agree more with you it is confusing I guess for the most part I intended it to be .

The bottom line is if you take the landlord tenant scenario...

Do you think that if you had a house rented to a tenant for a year and drew up an agreement and within two months selling the house came about to this person and they could actually buy it at this stage can i sell it?Or would I be in breach of my contract and fined for doing so? Would I need to draw up another agreement with this person in order to sell?

This is really what I wanted to know.

Lynnsie

Are you saying that the house would be sold to the current tenant? This would not usually cause a problem if both parties agree to terminate the current lease. And yes, you would need a separate agreement because a contract for sale would be required instead of a lease.

However judging by your references to fraud and mitigation it seems that this is more complicated than your posts suggest so it really would be best to talk to a solicitor and show them a copy of the lease.

Yawns

Surely the two private individuals could terminate the 1st agreement by mutual consent?

They both no longer wish to honour the contract as circumstances have changed for both parties involved. No one is goign to go chasing the other for monies owed.

Now I'm not a big city lawyer,*gasps, but that's my take on it anyway.








I know it's from the simpons but someone has it as a sig so ty

Reloc8

Shine Star wrote: »

Ok I couldn't but agree more with you it is confusing I guess for the most part I intended it to be .

The bottom line is if you take the landlord tenant scenario...

Do you think that if you had a house rented to a tenant for a year and drew up an agreement and within two months selling the house came about to this person and they could actually buy it at this stage can i sell it?Or would I be in breach of my contract and fined for doing so? Would I need to draw up another agreement with this person in order to sell?

This is really what I wanted to know.

OK...so what I think you are saying is :-

1. A house is rented for a year to person A.
2. Someone now wants to buy the house, during the currency of the one year lease.

If the person wanting to buy is person A then its a simple matter of the landlord and person A agreeing terms.

If the person wanting to buy the house is another person then it is more complicated. The other person (person may insist on vacant possession of the house. This leaves the landlord in a bind as person A has rights under the lease.

If the landlord cannot agree terms with person A to vacate then he or she can legally sell it only subject to person A's tenancy, i.e. the new owner must be made aware of that tenancy and agree to purchase anyway.

If the landlord purported to sell to person B without telling person B about the tenancy then person B would be entitled to rescind the contract, i.e. get their money back, plus any actual damages caused to them (legal costs involved in the conveyance etc.).

I agree however your posting seems to indicate that this is all horrendously complicated. I don't know if there are revenue or other issues in whatever transactions you've entered into and whether they can be unwound or not. You need advice from a solicitor. Your question cannot be answered properly here.

Jarndyce

If you have entered a lease with A and both you and A wish to enter a contract for sale for the same property, then once you enter that contract for sale, generally speaking, you have discharged your lease by mutual agreement.

I'm not quite following where, if anywhere, 'B' comes into it? Or fraud for that matter?

EDIT: Forget my reference to B. Peripheral vision caught that from the above post. From what I gather, you are dealing only with your tenant.

Tom Young

Reloc8 wrote: »

OK...so what I think you are saying is :-
You need advice from a solicitor. Your question cannot be answered properly here.

What he said. Locking thread. Sorry.