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Helping Somone Out Conundrum*

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  • Helping Somone Out Conundrum*

    This is a real-life situation but I have hidden some of the details.

    Let's say Person A has something that he is selling e.g. an oil painting.
    Person A does not want to sell to Person B because he really dislikes him.

    Person B approaches Person C and asks him to help to buy this item.
    Person B tells Person C that once he has ownership of the item, then he will pay Person C say £10,000 for his help in getting the item.
    Person C is in a position to help Person B get the item.
    Person B and C agree between themselves not to tell Person A about their agreement.

    Can Persons B and C approach a solicitor and ask for an agreement to be drawn up such that:
    1. Person B lodges the £10,000 with the solicitor before he gets the item.
    2. Once Person B has ownership of the item, then the money is transferred to Person C.
    3. If Person B does not get ownership of the item, then the money is transferred back to Person B.

    Or will the solicitor think that this may be 'dodgy' as they are fooling Person A into selling to someone he doesn't want to sell to?

    The reason to try and get a drawn up agreement with a solicitor is that - without an agreement - Person
    B could just get the item and then decide not to pay Person C for their help.

    Any advice would be much appreciated.
    Tags: None

  • #2
    The offer to sell specifically excludes person B, and in that instance there is no offer to sell.
    If person C is acting as person B's agent without A's knowledge and purchases the painting on B's behalf , then A could rescind the contract.

    Comment


    • #3
      I reckon that goes on a lot in all walks of life, but for all sorts of different things.

      Whether you could ask a solicitor to act for clients in that situation, I very much doubt that any solicitor would, it breaks the Code of Conduct.

      B needs to put a 'challenge' to A, where A would sell to B, if B wins the 'challenge'.

      Comment


      • #4
        Originally posted by des8 View Post
        The offer to sell specifically excludes person B, and in that instance there is no offer to sell.
        If person C is acting as person B's agent without A's knowledge and purchases the painting on B's behalf , then A could rescind the contract.
        Thank you for your response.
        Would the situation be any different if Person C bought the painting from Person A at market value and then sold it on to Person B?
        Surely once Person C owns the painting, he/she can sell it to who they want at what price they want?

        Comment


        • #5
          I think that would depend on whether or not there was a condition in the sale contract preventing the onward sale to "B"

          Of course person "C" then has to trust "B" will pay the purchase price plus the premium!

          Comment

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