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LAYING DOWN THE LAW: I’m scared I will be left with two homes if I buy
 
DO YOU HAVE A LEGAL PROBLEM? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at:  <a href=mailto:features@eveningtimes.co.uk>features@eveningtimes.co.uk</a>
DO YOU HAVE A LEGAL PROBLEM? Write to Austin at Evening Times Features, 200 Renfield Street, Glasgow G2 3QB or e-mail him at: features@eveningtimes.co.uk
 

by Austin Lafferty

I am nervous of buying a new house as the market seems very flat. I worry I may not get my own house sold and be left with two. Is there anything I can do to avoid this?

  • Any offer you put in is not binding until missives are concluded - that is, letters between lawyers are exchanged agreeing all terms.

    And then you have until the date of entry/completion to come up with the price.

    At some point you have to make a legal commitment or the seller will look elsewhere and refuse to sell to you.

    Best advice is to get professional help from estate agents to see how much your own house can realistically sell for, and consider a fixed-price sale instead of asking for offers-over.

    And see how late an entry date for the new house you can agree.

    My own view is that the market will remain sluggish for some months, but this can mean good deals for buyers.


    Son's dad wants to move away

    My husband and I agreed a divorce but he now wants to move away with a new job.

    He sees our son, but is making noises about me having to bring our boy down to the new place every month.

    This would be a huge upheaval.

  • He cannot insist on seeing the boy in the same way as when he was local.

    You will between you need to negotiate, either by yourselves or with lawyers, a new and fair regime.

    If you can't sort it out then it will need to go to court - job creation for lawyer.

    Try first using another friend or family member as a mediator.


    Will thug have to pay

    My window was broken by a drunken teenage neighbour.

    He has been charged over the incident and I have to give evidence.

    Can I get compensation or is it not worth suing him?

  • The small claims court may be a hassle for something as relatively trivial as replacement of a broken window.

    But if you contact the procurator fiscal for the case, you can claim criminal compensation which can be ordered by the sheriff who is sentencing the accused.

    On top of a fine, he can be made to pay through the court the cost of the window.


    I want will to be private

    I want to make a will but my son wants to come to the lawyer with me to ensure everything is explained properly.

    But I don't want my son to know what is in my will. What can I do?

  • Your solicitor is only interested in speaking to and advising you confidentially and will ask your son to stay out of the room.

    As long as you confirm that this is the way you want it, he cannot be party to the discussions and cannot get information from the solicitor afterwards without your consent.

  • Publication date 13/05/08

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