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20-06-2013, 02:47   #1
joeysoap
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Legal fees for house purchase

property agent advertises property for sale. offer made and accepted. Solicitor hired to complete the sale etc. Solicitor finds that the paperwork is not in order (not even close)deeds not correct (house and access not in sellers name) generally total mess. Seller puts this right (at some cost to themselves) Seller now stating they might not go ahead with sale because of the delay. Already a lot of costs on purchasers side ie renting out property in meantime. My question: if the seller agreed the price and now wants to pull out because of all his additional costs not being met by purchaser, has the purchaser a right to take him to court to cover his (the purchaser's) costs ie solicitors fees etc. He would not have hired a solicitor in the first place were his offer rejected. He also had to take out additional life insurance to cover mortgage. where does the sellers solicitor stand in this, he never even bothered to look up land registry where he could have ascertained at a glance on the computer that the house was not in order to be sold.

Last edited by joeysoap; 20-06-2013 at 02:50.
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20-06-2013, 03:13   #2
Jev/N
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A few paragraphs wouldn't go astray but that aside, you're not going to get much advice here as per the Charter.

All I will say is that much depends on whether contracts had been signed or not and that the purchaser's solicitor would be best placed to advise on the matter.
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21-06-2013, 01:46   #3
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Thanks Jev/N. Don't think solicitors really take on other solicitors, with a few exceptions. Think you would have to hire a Northern Irish solicitor to pursue a solicitor in the south. Not really expecting any advice and just hoping someone would have an idea if it was possible to recoup costs incurred by purchaser as a result of seller pulling out of sale (as a result of property not being in a legal state to sell in the first place). This property was put on the market about 3 years ago at celtic tiger price. not sold. put on the market again about 2 years ago at 'semi' celtic tiger price. not sold. put on the market last year at a vastly reduced price. potential purchaser put in a bid, bid accepted (assumed he would be eligible for mortgage relief at the time of bid accepted) went through all the hassle of getting a mortgage specific to the property, compulsary life insurance, surveyors report, and hiring a solicitor , who discovered the property was registered in different names (3 names one of whom was deceased) and right of way etc had not been legalised. Now seller says he wants reimbursement for putting those things right or he will pull out of the sale. He also wants those payments in addition to the bid price. Purchaser (not me) feels very annoyed at having to pay for others carelessness.

Last edited by joeysoap; 21-06-2013 at 02:19.
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21-06-2013, 15:42   #4
LowKeyReturn
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Whatmakesyouthinksolicitorswon'ttakeonothersolicitorsiftherehasbeennegligence?Whywouldasolicitorinthenorthbeanydifferent?
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21-06-2013, 15:54   #5
nuac
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1. Joey Soap, use paragraphs and shorter sentences.

2. Vendor cannot charge a purchaser for putting his own title in order.

3. I think you are confusing Irish solicitors with medicos. As LKR says Irish solicitors take actions for clients against other Irish solicitors all the time. An Irish doctor will not give evidence in med neg case against another Irish doctor.
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21-06-2013, 23:28   #6
joeysoap
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Quote:
Originally Posted by nuac View Post

2. Vendor cannot charge a purchaser for putting his own title in order.

3. I think you are confusing Irish solicitors with medicos. As LKR says Irish solicitors take actions for clients against other Irish solicitors all the time. An Irish doctor will not give evidence in med neg case against another Irish doctor.

Thank you for reply .

My friend also does not think he should pay vendor's costs in getting the title in order, and has stated so to both his solicitor and the auctioneer. The response form vendor is that he won't sell to my friend unless he does.

I should have added that the vendors name was not one of the 3 on the land registery, although he was the owner of the property, and it was his to sell. Point is that my friends solicitor discovered this, not vendors solicitor. He accepts that it did cost the vendor a few k to put title in order (won't go into details here)

My friend absolutely won't (can't) pay this demand in addition to the agreed price and has been informed that the sale may not now go ahead if he does not pay.

Unlikely I would think to recoup his costs but his point is that he would have had no costs had the vendor refused his bid.

Last edited by joeysoap; 21-06-2013 at 23:34.
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