Reply To: ATLAS builder with-holding title deeds

#68326
Anonymous
Participant

Thomasina

Sorry to read about your problems.

I too have had bad dealings with Atlas. They are good at portraying an image of respectability, but underneath the situation is far different.
I assume from your thread that they used the defence under the second clause on the reservation;

`This reservation is made on behalf of the builder and Atlas International remains exempt from any responsability`

This has always been their get-out clause when the preverbial hits the fan.
I know that the following does not directly apply to your problem, but it should demonstrate Atlas’ connection with the deal.

If you read the clause that follows it;

`The deposit is not refundable but will be held to your credit on an alternative property should you cancel this purchase, for a period of 2 years.`

What this clause may do, in a way, is to tie Atlas as a third party to the contract, as they have shown to have an `personal interest`. Under the `Contracts (Rights of Third Parties) Act 1999`,

http://www.opsi.gov.uk/acts/acts1999/19990031.htm

(5) For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to him in an action for breach of contract if he had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other relief shall apply accordingly).

If this can be proved, then it is fair to assume that Atlas are partly responsible and can be sued as in the case of a principal of the contract.

Best wishes and good luck for the future.

Tony