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Help Please. Missing Lawyer Contract

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  • Help Please. Missing Lawyer Contract

    Hi,

    Over 25 years ago my dad signed a contract in front of a lawyer which included his brother and another business partner (BP). The contract was made and signed because the BP bought the house using the business money without my dad and his brother knowing. He done this to rent the house. from day 1 the house was rented and has been rented until today. When my dad and his brother found out the BP had done this they then made an agreement with the solicitors where a contract was drawn up and signed stating that any profits from the house and selling of the house would be split equally 3 ways between my dad, his brother and the BP. Since the house was bought my dad and his brother have not recieved any profits from the house, we think the mortgage is paid by now and sadly the BP died last year. Up until now my dad has not recieved any information regarding this property. Where can he go to know his rights as my dad and his brother don't remember where the solicitors are where the contract was made and deeds of the house kept. My dad's brother had documents regarding this property at the business address, but before the BP died all the documents went missing. So my dad and his brother don't know where the solicitors are and don't know how to go about enquiring about their rights and finding the contract. I guess the real question is what can my dad and his brother do to find the contract and or establish their rights regarding this property. Any help is greatly appreicated. Thank you in advance.

    Thanks again

    Extra Information that may be helpful:
    The contract was made and signed all before the BP was married and had kids (now over 18). The family has refused to cooperate and provide any details.
    Tags: None

  • #2
    Re: Help Please. Missing Lawyer Contract

    Land registry as the first port of call?

    Comment


    • #3
      Re: Help Please. Missing Lawyer Contract

      Thank you for your response. The issue is that my dad and his brother don't actually know the house number and specific details as its so long ago. They can remember the road of which the house is on but that's it. Would the land registry website reveal any details about the contract or is that still a sperate issue?

      Comment


      • #4
        Re: Help Please. Missing Lawyer Contract

        Hi Fab100,
        I suspect the only way that this can be proved would be looking at the Land Registry. That said it appears from what you say that the property was in the BP's sole name in any event. However if the three of them entered into a Deed confirming how the property was held then this should have been confirmed with the Land Registry. A contract rather than a Deed, (signed and witnessed by all parties) would not give them property rights. Without property details it is going to be very difficult for you to find out what happened, unless you can find the solicitors who dealt with it at the time. Have you tried local solicitors to your father or did they have a solicitor for the partnership they regularly used? This may be a starting point?
        If a Deed was created and this was not registered you may have a potential professional negligence claim against the solicitors who prepared the document. However, as indicated you will need far more detail, property address, solicitors acting etc. The other issue would be whether you are in time to make a claim of the estate. There is a 6mth time limit from the Grant of Probate, in which to bring a claim. Would you be able to find out whether there are solicitors acting in the estate? I would suggest that you seek some legal advice if you are able to establish any further details. I suspect that you have a bit of detective work to carry out.
        Peridot
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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