I need advice on breach of contract

moneysavinghero

lukells said:

The £18000 has been knocked off the house price, the £1000 is for August and July but she is taking her time which is costing us more to get more money. We won't be getting the £1000 back and we are soon in Septmber. My solicitors have sent 3 letters. 

You have effectively lived rent free at the property for the last 2 months. If the payment of this £1,000 is the only thing holding the sale up, then personally i would just pay it and get her out of my hair. Would probably have cost me a lot more than £1,000 if i had to rent somewhere else.

lukells

Really petty but she never liked my mum, therefore took a dislike to me straight away 14 years later she still has a grudge. Grandma is lovely and practically raised my partner. 

macman

Are you going to post the wording of your contract? Because without it, nobody is going to be able to help you. 

steampowered

What form does this contract take?

The courts are generally reluctant to get involved in family disputes. In order to have a legally binding contract it is a requirement that there is an "intent to create legal relations", and the courts often find this intent does not exist in a family context.

It is also a requirement of a legally binding contract that there is consideration - i.e. you must give something in return for what you are getting. This requirement applies unless the contract is in writing and was executed as a deed (i.e., the document must be headed "deed" and the signatures must be witnesses). It looks like you were living rent free so you weren't giving anything in return, so unless a deed was signed, you won't have a legally binding contract.

All in all, it sounds like your mother in law and her partner have been generous in allowing you to live rent free, and are entitled to kick you out if they wish.

getmore4less

Is the gran still alive and the partners mum acting with POA?

Has the gran lost capacity?

Seems to be quite alot missing from what has been said.

how and when  the price of the property decided.
What were the terms if the property could not be bought because you could not raise the funds.
What were the terms if the occupation lasted longer than 3 years before purchase completion.


Once the price is fixed as determined by the contract that is the amount that should be transferred to the gran 
For every extra added to the 3 years of savings that would mean a smaller mortgage not extra cash.

Back to what the contract says 

I guess one form is that the contract was actually a deed of sale with delayed payment for 3 years with price set at start.



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