House buying problem.

Hinson

Hello,

I am currently trying to buy a house. Eight weeks ago paid my deposit and as yet my solicitors have heard absolutely nothing from the other solicitors. My EA is (apparently) also in the dark as to why the sale has not moved on.

However, I visited the next door neighbors of the prospective house today and they told me an interesting story. The woman selling the house is in her 90's and she had left the house in poor health to live in a home. She had contacted the estate agent and he proceeded with the sale. Now somewhere along the line the elderly house-owners only surviving relative, living in Ireland, took an interest in the proceedings. This relative is her nephew and he just happens to be a 3rd generation solicitor with his own well established offices in Dublin 2. Somewhere along the line (I am not sure when, but seemingly soon after she left her home) this solicitor relative kindly offered to take care of her affairs. I don't know if he has power of attorney, but i do know that he has the title deeds to the house. He will not release these deeds and refuses point blank to talk to my solicitors or give any reason for not speaking with them. He will not return calls and is seemingly permanently unavailable.

To me it seems as if this solicitor would like to hold on to this property. He may feel if a probate situation arises he has a good claim to the property.

I was told this elderly woman has gone into a semi state care nursing home and purportedly she will pay 15% of her estate to the nursing home on her demise. She is not suffering from any severe form of dementia and instructed the neighbors not to give a set of keys for the house to her nephew. I am unaware of the contents of her most recent will, of which, she has apparently made several over the years.

On the face of it most peoples advise will be walk away. But we really want this house as we feel it is being sold at the right price and it is in a great location and close to our relatives. It seems a shame to let this solicitor, who had previously had absolutely no contact with his aunt in over 20 years, to take this house. Can we force the solicitor to hand over the deeds? It all seems very murky indeed.

Any thoughts?

BornToKill

Only that the next door neighbour seems incredibly well informed on the situation. More than one would ordinarily expect them to be.

Hinson

They know the old woman and have visited her regularly. She gave them the keys to the property and they helped her regarding people viewing the house. That said, it did freak me out a bit that they knew so much!

iverjohnston

Just because the Lady is in a home, dosen't mean the EA cannot contact her and sort out the situation. Can anyone shed any light on how the Nephew got the deeds, had she lodged them with him earlier perchance? ( if indeed he has got them) What is her Solicitor doing about things? You would be amazed at how often Solicitors offices lose deeds etc. Perhaps he cannot find them! Land registry would have a copy anyway. Also, if the property is not overly expensive, less than 80k for example, the EA's fee for selling will be not much more than €1200, he would make more by renting 2 houses for clients, and without a long drawn out wait for his fee......................
Time to put a rocket up all their asses, or walk away. Cavan lad

Hinson

iverjohnston wrote: »

Just because the Lady is in a home, dosen't mean the EA cannot contact her and sort out the situation. Can anyone shed any light on how the Nephew got the deeds, had she lodged them with him earlier perchance? ( if indeed he has got them) What is her Solicitor doing about things? You would be amazed at how often Solicitors offices lose deeds etc. Perhaps he cannot find them! Land registry would have a copy anyway. Also, if the property is not overly expensive, less than 80k for example, the EA's fee for selling will be not much more than €1200, he would make more by renting 2 houses for clients, and without a long drawn out wait for his fee......................
Time to put a rocket up all their asses, or walk away. Cavan lad

Interesting points, I wonder if the deeds can be obtained from the land registry and this soliciter nephew simply bypassed.

I don't know anything about the old ladys solicitors. It's doubtful, but maybe her nephew is acting on behalf of her to sell (or in fact not sell) the house.

The EA probably knows a lot more than he is letting on. I've arranged a meeting with him tomorrow. I will see what he knows before I tell him what I've heard. For the EA there is definitely more than 1200 to be made here, and I doubt he will let this go without a fight.

Hinson

Update...

The old lady (houseowner) has employed her nephew (solicitor) to facilitate the sale of her house. He is also the executor of her estate and has power of attorney. His legal company also apparently prepared her last will. In the words of my friend who is a solicitor "It just sounds like a total cluster f*ck."

Conflict of interest much? Only in Ireland:eek:

Procrastastudy

A solicitor resorting to the Anglo-Saxon vernacular - you shock me Sir.

Hinson

GCDLawstudent wrote: »

A solicitor resorting to the Anglo-Saxon vernacular - you shock me Sir.

You wanna hear what he said about the old lady!