Been totally shafted

I don’t think I’ve ever given my legal opinion on whether there’s a contract between the two. My whole schtick has been the WAY in which PE is used.

As I said, it is in my qualified legal opinion that PE is not applicable here. If anyone thinks differently, great. You don’t have to take my word for it. I can’t keep explaining shield vs sword!

Shield and not sword is not an equitable maxim… And the cause of action would be breach of contract. Why do you believe there is no contract between the OP and her friend?

You appear to have fallen out with your entire family over this ‘friend’ OP. He is no friend to you, why were you even buying with him and not your husband?

Again, that’s not the point of PE. It is a shield and not a sword. You can, under English law, according to the principle set down in Combe v Combe, use PE as a shield to defend yourself if someone tries to sue you.

Her friend ain’t tryin’ to sue her.

If OP or others disagree, there are other solicitors out there to proffer their take on a pretty rock solid equitable maxim.

Did you not have a mortgage/ funds already in place?

IIRC when buying at auction you effectively "exchange" once you've had your bid accepted and paid the deposit so surely you need to be able to cover the whole purchase price before you start bidding 😵‍💫

In Combe v Combe there was no underlying cause of action beyond PE. Here there would be a contract so the action is for breach of contract.

The Court of Appeal disagrees with your first sentence.

https://www.haynesboone.com/news/publications/text-like-the-world-is-watching-creating-a-binding-contract

No, again, this is not how PE works. It’s law school 101 - the case is Combe v Combe.

But that's what signed contracts are for. That's how people make committments. Chitchat over text messages or e-mail or in person is just that, chitchat. From a legal point of view.

It's too bad and I feel for OP but the friend made zero legally actionable promises. The signed contract IS the promise.

It's devastating for you OP but you have made a contract with the auctioners/agents/owner of the property, so that must be your first concern. You need facts. Can you somehow find the funds to complete the purchase on your own? Can you forfeit the 10K deposit and walk away? It might be cheaper in the long run than trying to take this man to court.

They obviously do…I do it all the time. It really isn’t any bother at all 🤷🏼‍♀️

Indeed. Remember though that it’s advisable to send him a pre action letter / letter before action and make sure to keep tabs on where he is, in case he goes to ground

Yes, she simply needs to show that she entered the auction in good faith, that she adhered to what they had agreed.

The only problem she has is if she has bid over the agreed sum, which would void their agreement.

Even if she does not litigate to regain the loss of (half of or all of) the deposit, letting the auction house take the deposit is the simplest way out.

OP bought a property in her own name. He is not responsible for that. I can't believe she did something so foolish but she did and she now has to manage the consequences. Going after someone else for financial redress is in no way guaranteed to compensate her. She can try but it will be very expensive and if she loses, she may have to pay his legal costs as well as her own.

Tbf I think she does have a claim for breach of contract and can use promissory estoppel if the friend tries to argue there is not a contract between them.

That again is not so. I said if she has evidence to show that the friend promised. That (text messages, usually) is often all the evidence people can bring to county court in a small money claim.

Evidence that they’d agreed to make a joint purchase. She wouldn’t go through with the purchase, lose the deposit, then potentially have grounds to make a claim against him on the basis that she wouldn’t have paid the deposit if she thought he wasn’t going to be a joint buyer.

Any barrister worth their salt will tell you that they cannot possibly make such a statement without a lot more information from the OP.

In response to the person who says the content of my prior message is 'just not true', (I seem unable to 'quote' via my phone to create the back link to their message) this is indeed true, and sitting beside me is my partner who is a barrister, and he agrees and cheers the Op on! It's a simple and painless process as long as there is evidence, and this may be informal evidence in the county court.

I knew that taking a person to court was a straightforward win with text messages, email or voice messages way before meeting my partner.

These messages are treated the same as a promissory note.

My advice to Op is to reclaim from the friend half of the loss, i.e. half of the deposit. However, she may actually be successful in reclaiming the entire lost deposit and if she wins, she can also claim court fees.

Why not just move on silently instead of searching and "reporting" ? Why feel the need to censor?

There's no harm that could come to anyone by reading the OP's posts.

Agree. Does it really matter? The threads/questions stand alone as interesting dilemmas for discussion.

Playing Sherlock Holmes about a poster's comment history is obnoxioius and pointless.

You aren’t a single parent? You have a partner who you married in July. Ask him to help you sort this and cut your friend off. He’s no friend to do this to you

But if you have text messages or voice messages from your friend promising clearly to go halves, you will be successful in county court in reclaiming his half.

This is just not true!

OP needs proper legal advice.

Op, I would suggest you let the auction house take the deposit in forfeit, i.e. you lose the deposit. But if you have text messages or voice messages from your friend promising clearly to go halves, you will be successful in county court in reclaiming his half.

So, you will lose just over £5k but this is better than being stuck with a property you cannot afford and getting into debt, not to mention all the other stress involved. Just call the auction house and explain truthfully exactly what has happened.

I have made a few county court claims, all successful and it is not as scary as it sounds; it is simple and fast, and proving that your friend was supposed to enter this venture with you is easier to do in the county court in a small claim than if you were to try and sue him another way. Because the county courts deal with people of all social and edicational levels, they make the process simple.

If you would like to chat with me, please drop a PM; I would be more than happy to help you and give moral support!

I have also lost a longterm friend in an unfathomable way; it hurts, and it's devastatingly confusing too. The only reason I can think of for why your friend has backed off is if you made a closing bid that was over and above what he believed you two had agreed, and therefore, he objects to the hike in price. Could it be this?

I am concerned for you and if I can help you, I will happily.

Some people do have a brilliant memory for usernames (not me). I think many people do genuinely remember usernames.