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Can they take us to court?

If someone who recently bought my house, and paid me £1k straight into my bank account (i.e. NOT through the solicitors) to pay towards our EA fees, but then later found out that we HADN'T used this money to pay the EA fees (because they waivered them) can they take me to court to get their money back??
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Comments

  • man_oo wrote: »
    but then later found out that we HADN'T used this money to pay the EA fees (because they waivered them) can they take me to court to get their money back??

    How would they find out? And what was the reason to pay you the £1k in a under hand way?
  • man_oo
    man_oo Posts: 5 Forumite
    They paid us in an underhand way to keep their stamp duty fees as low as possible (although an extra £1k would have only made £30 difference to them!).

    They found out because that estate agent rang them on the day of completion to tell them that they weren't chasing their fee. (They hadn't even told us this at this point!)
  • Surely they gave you the money to benefit them with stamp duty, rather than to help you? All sounds dodgy. Why help someone avoid tax?
  • man_oo
    man_oo Posts: 5 Forumite
    To be honest, it wasn't so much to avoid tax. It was more because things were very amicable between us and it just seemed like the easiest thing to do.
  • Presumably you have nothing in writing then? In which case what would they sue you for? It is hardly breach of contract.
  • Why was your purchaser paying money towards your estate agent fees? Sounds more to me like a way of reducing the purchase price by £1k.
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  • man_oo
    man_oo Posts: 5 Forumite
    What do you class as writing? We have texts and emails?
  • A legal contract, witnessed independently.
  • Even if he did threaten to sue, couldn't you just threaten to report him to the tax man?
  • Yorkie1
    Yorkie1 Posts: 12,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I wouldn't do any reporting. You've colluded with him to deceive the tax man.

    Anyway, your EA needed paying one way or the other. Even if the EA didn't get paid directly from the £1Kou still had to pay the EA presumably and therefore there's an indirect subsidy anyway?
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