Is the daughter responsible for the payment of the home improvement or, as the house belongs to the mother is she legally liable for the outstanding debt? | Lawhive - Solicitors & Lawyers Online
Is the daughter responsible for the payment of the home improvement or, as the house belongs to the mother is she legally liable for the outstanding debt?
#housinglaw This is my first post in this group and I hope that I am not breaking any rules when asking for this advice. I would like to help a friend who has a building firm. A lady is trying to with hold a payment due to him for paving a driveway. She does not have any complaint and keeps reassuring him that she has the funds and will pay cash. She has sent him a copy of a large cheque and also copy of a cash machine statement showing a sizeable balance. He is not asking to be paid in cash. It was a business transaction and he will be happy for the funds to be paid into his account. Due to lots of broken promises that payment will be made and various reason why it was not it seems quite obvious that she is trying to avoid payment. She signed the agreement to the work being carried out with a different name to that which she is now using on her messages to him. A payment was made to my friend in the form of a cash deposit from the lady’s mother, who apparently is the actual owner of the property. A receipt has been requested for this and will be emailed once he has been told the mothers name. Could anyone please advise if this situation leads to a Court Claim is the daughter responsible for the payment of the home improvement or, as the house belongs to the mother is she legally liable for the outstanding debt?

Deborah Harkin

15th March 2022

2 upvotes

Top Answer
Law Grad - The works are subject to an agreement (contract) between two parties. Therefore whoevers name is in the agreement is liable for the debt. Did your friend not take a deposit or identification?

Donald Kiernan

15th March 2022

1 upvote

NQ: As Thomas said, the contract is between the parties, in this case it's the person who did the work and the daughter. The exception being is if it can be shown that the daughter had authorisation from the mother to have work done on the property, in which case the mother can be responsible. As far as the receipt, if one is going to be given then it should clearly list what the contract price was, how much has been paid, and the current outstanding balance. Make sure the formatting is such that the "outstanding balance" part can't be deleted or cut out.

Patricia Abram

15th March 2022

+1

4 upvotes

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