I'll just make a brief summary of the case.
Person A - owned property X
Person B - rented property X and put up a store, the term of the contract is 20 years
Person B few years later committed fraud by forging the signature of Person A, in a new agreement (which Person B created), new agreement indicates that the rental has been reduced to x amount, etc, etc.
Person A and family filed a case because Person B would no longer honor the original agreed contract stipulations since Person B was persistent that the new contract is what he will adhere upon.
This is the crux of the matter, the contract still has 10 years left, and now, the lawyer (Person A's lawyer) is suggesting that they will enter into amicable settlement which is as follows:
- Person A's lawyer will ask for 3 months worth of monthly payment as service fee (if Person A family will agree on the amicable settlement)
- Person A's lawyer is asking for 10% of every monthly payment to be paid by Person B
- Person A's lawyer said that he can make Person B execute Post Dated Cheques for the next remaining 10 years.
These new fees that Person A's lawyer is asking is on top of whatever arrangement they have had when they started the case.
1. Will it take this long to resolve an obligation & contract case?
2. Is Person A's lawyer's request reasonable?
3. Would it be good to consult another lawyer on this?
4. Can Person A sell the property in dispute? what will be the repercussions?
Person A already died and the family is pursuing the case
Person B is still delayed in his monthly payments for the property rental
Person A's family is worried that their lawyer seem to be waiving the white flag, the family is against the amicable settlement not just because they have spent so much money already on the case, and also, as a matter of principle that they wanted to finish the case as their promise to their late dad (Person A)
Can you suggest best course of action?
Many thanks for your help