http://www.lawanswers.co.uk daily 1 2008-04-29T05:10:14Z http://www.lawanswers.co.uk/questions/my-daughter-bought-a-car-from-a-friend-which-has-now-been-deemed-unroadworthy-and-she-has-been-advised-not-to-drive-it-can-she-get-her-money-back My daughter bought a second hand car from a friend and whilst driving it home we heard a loud sqealing noise. We decided to book it in with a mechanic to give it the once over and to our dismay the report came back with a catalogue of problems. It was deemed as unroadworthy and she was advised not to drive it, which he wrote in the report. We went back to her friend's house and asked for our money (£550) back as it was not roadworthy, however she refused. The work would cost approx. £500 to repair. I have since done some research and have seen on the Citizens Advice website that it is illegal to sell a car that is not roadworthy. Is my daughter entitled to her money back? I want to take this to the Small Claims Court to get her money back if you feel we have a case. No publisher MariaMason 2008-11-05T12:24:09Z Rich document http://www.lawanswers.co.uk/questions/i-bought-a-property-with-a-friend-i-now-wish-to-sell-my-half-but-she-is-unable-to-buy-me-out-and-refuses-to-sell I bought a property with a friend of mine. I now wish to sell my half and buy a new property with my partner but my friend is refusing to sell. She is unable to buy me out and has stated she is not prepared to go back into rented accommodation. Where do I stand legally with selling the house? No publisher MariaMason 2008-10-23T10:05:29Z Rich document http://www.lawanswers.co.uk/questions/i-have-received-an-offer-notice-from-my-landlord-as-he-is-selling-the-freehold-of-the-building-what-exactly-are-we-being-offered We have received a 'Offer Notice' from our landlord, as part of the Landlord and Tenant Act 1987. The landlord is selling the freehold of the building of which there are five apartments. We have been offered first refusal of our apartment, but what exactly are we buying? Is it the lease of the apartment? Also, the offer will only stand if 50% of the tenants agree to buy their apartment and in effect we will be our own landlords, but will we be able to sell the apartment later on without any complication? Will the apartment be ours to sell? No publisher MariaMason 2008-10-05T15:31:29Z Rich document http://www.lawanswers.co.uk/questions/i-hope-to-buy-some-of-my-neighbours-garden-are-there-are-procedures-guidelines-that-must-be-followed I hope to buy some of my neighbour's garden, bordering mine. Are there are procedures / guidelines that must be followed? Do I need a Surveyor, Solicitor etc? How do I deal with the Land Registry? No publisher MariaMason 2008-10-01T09:28:42Z Rich document http://www.lawanswers.co.uk/questions/i-am-buying-a-leasehold-flat-which-is-a-re-possession-the-problem-is-that-the-original-owner-still-owns-a-share-of-the-freehold-is-he-obliged-to-transfer-this-to-me I made an offer on a property which is in a Victorian conversion containing four flats. All properties have an equal share of the freehold. The problem is that the flat I want to buy has been re-possessed and the mortgage company is selling the flat as leasehold (71 years remaining). This means that the flat is leasehold but the original owner (the person who got evicted) still owns a share of the freehold. Is he obliged to transfer the share of freehold to me? If not, is there any chance I can approach him and convince him to sell me the share of freehold? All tenants (including the guy who lost the flat) have their names on the freehold Land Registry title. Can they issue a share of freehold to me with or without the consent of the tenant who got evicted? What are the risks of buying this property? No publisher MariaMason 2008-09-18T10:02:54Z Rich document http://www.lawanswers.co.uk/questions/my-fiance-owns-a-house-with-his-brother-as-tenants-in-common-my-fiance-wants-to-sell-the-house-but-his-brother-refused-can-we-force-the-house-to-be-sold My fiancé owns a house outright, jointly with his brother. They own it as tenants in common. My fiancé now wishes to sell the house and realise his share of its value but his brother refuses to sell and is unable and/or unwilling to buy him out. Can my fiancé force the house to be sold and, if so, how does he go about this? No publisher MariaMason 2008-09-12T10:29:44Z Rich document http://www.lawanswers.co.uk/questions/we-are-trying-to-sell-our-house-and-two-buyers-pulled-out-we-are-now-on-the-third-buyer-our-solicitor-is-now-charging-us-for-the-buyers-who-pulled-out-is-this-normal-practice We are trying to sell our house at present and are on the third buyer, the two previous buyers both messed us around and led us to believe they were in a position to buy. The first one fell out with his wife and the second one's husband did not have a permanent job, this was after six weeks of saying all was well and asking us to take the property off the market. This sale we hope will go well but the Solicitor has sent us all the paper work and added at the bottom that we have to pay for two parties puling out of the sale but it didn't even get to contract stage. Is this normal practice? No publisher MariaMason 2008-08-21T11:05:47Z Rich document http://www.lawanswers.co.uk/questions/if-a-car-is-purchased-unseen-through-an-auction-but-is-not-as-described-are-you-within-your-rights-to-not-pay If you win an auction for a car on an Internet Auction Site such as Ebay (from a private seller without seeing the car prior to bidding and winning) then go to collect and pay for the car in person and the car is not as described are you within your rights to walk away from the deal (not pay) just as if you had responded to a car advert in a newspaper/magazine? If this is the case can you point me in the direction of the piece of legislation that confirms this? No publisher mariam 2008-08-20T11:22:47Z Rich document http://www.lawanswers.co.uk/questions/i-split-up-with-my-ex-girlfriend-but-still-pay-half-the-mortgage-on-our-house-which-she-lives-in-she-has-now-moved-her-new-partner-in-and-i-want-him-to-pay-rent-but-he-refuses-what-can-i-do I split up with my ex-girlfriend last year and moved out of our house and I now rent with my new partner. I am currently still paying my half of the mortgage and half of the house insurance etc. My ex-girlfriend's new partner moved in with her in May. I have asked her to sell the house but she does not wish to do this as she wants to buy me out of the house but cannot get a mortgage herself and her new partner is looking for a job and so can't get a mortgage either. I am willing to wait for the equity, considering the current housing market, but I want him to pay me rent as he is living there for free, he refuses to pay. What can I do? No publisher mariam 2008-08-05T16:01:29Z Rich document http://www.lawanswers.co.uk/questions/can-a-seller-transfer-a-vehicle-to-me-with-a-private-number-plate-on-it-and-then-have-me-transfer-the-registration-mark-back-to-him I am looking to buy a Lotus Elise at a proper price etc ie not a surprisingly cheap price. The seller is telling me that in order be speedy he will sell the car with the private registration remaining on and I can then place on retention and transfer it back to him. Is this a scam No publisher conrad 2008-08-05T08:58:27Z Rich document http://www.lawanswers.co.uk/questions/my-daughter-has-bought-her-first-car-and-it-now-appears-that-it-has-previously-been-in-a-crash-does-she-have-any-legal-redress My daughter has just bought her first car from a private vendor. There have been some problems with it and two different mechanics say it has been crashed at some point and will be very expensive to repair. Apparently the chassis is buckled, the tracking is out and they are unable to repair it. We have been told that it is illegal to sell a previously crashed car without making the buyer aware. Obviously if she had been told she wouldn't have bought it. Does she have any legal redress? Essentially she wants her money back as she can't afford to buy another car, although I am aware of the phrase 'caveat emptor'. No publisher mariam 2008-07-29T11:18:55Z Rich document http://www.lawanswers.co.uk/questions/vehicle-sellers-right-hand-drive-car-is-in-europe-he-says-he-will-ship-to-the-uk-and-the-money-will-be-held-in-escrow-until-i-am-satisfied-with-the-vehicle-is-this-a-scam After applying to an advertisement on Auto Trader the seller emailed me back stating he had moved to Germany due to a recent divorce. He had taken his Golf GTI 06reg with him. He was asking £7100 for it and that included shipping. He further suggested a company called Moneybookers look after the financial aspect. This appears to be an escrow account where the money would be kept until an inspection had been made of the vehicle and then once satisfied, the money would be released to the seller. I have checked out Moneybookers and they seem okay. I am trying to establish if there is a catch. No publisher conrad 2008-06-13T08:15:15Z Rich document http://www.lawanswers.co.uk/questions/my-step-son-is-aged-17-and-wants-to-buy-a-bb-gun-does-the-gun-have-to-be-registered-with-the-local-police My step-son is aged 17 and wants to buy a BB gun, he is a club member and the gun will be purchased by his friend who is aged 18. Does the gun have to be registered with the local police? If not, can I request the possession of the gun be noted by the police? No publisher MariaMason 2008-06-10T09:19:00Z Rich document http://www.lawanswers.co.uk/questions/my-step-son-aged-17-wants-to-buy-a-bb-gun-does-this-have-to-be-registered-with-the-police My step-son is aged 17 and wants to buy a BB gun, he is a club member and the gun will be purchased by his friend who is aged 18. Does the gun have to be registered with local police? If not, can I request the possession of the gun be noted by the police? No publisher MariaMason 2008-06-10T09:11:22Z Rich document http://www.lawanswers.co.uk/questions/i-am-in-the-process-of-submitting-a-planning-application-to-my-local-council-and-have-been-told-i-will-require-an-option-to-buy-agreement-with-my-neighbour-what-is-this-type-of-agreement I am in the process of submitting a planning application to my local Council for a conversion of my triple garage into a one bedroom dwelling. I have been informed by my architect that I will need an 'option to buy agreement' with my neighbour who is willing to sell me a piece of his garden. Please can you advise what kind of agreement this is and whether you can draw this up and how much it would cost? No publisher MariaMason 2008-05-17T15:42:52Z Rich document