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Question on House Sale - Legality

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  • 28-09-2012 6:49pm
    #1
    DCTF
    Registered Users Posts: 94 ✭✭


    Ok looking for some comment and discussion on this sticky situation.

    Person A places their house for sale on the market. Person B decides to buy that house and the contracts for the sale are exchanged and signed and the date listed for the sale to close is today.

    Person B arranges to move out of current rented accomodation and organises friends and family and removal truck to facilitate the move for the today's date.

    Yesterday evening Person A decides it doesnt really suit to move yet because she hasn't arranged movers etc and tells her solicitor shes not really ready and needs a week or so. The solicitor says you can't it's done we have the money etc.

    Person A refuses to answer her estate agent or solicitor and still hasn't left the property or handed over the keys.

    Who actually owns the house now?


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    #2
    ynotonavillus
    Registered Users Posts: 73 ✭✭ynotonavillus


    If your Solicitor handed over money to buyers solicitor prior to vacant possession, getting keys etc.......

    I think I'd arrive on his doorstep.....

    If you have paid for the house, then it is yours and they are trespassing, tell them get out, move in, call guards if they obstruct you or refuse to feck off...

    If their solicitor has not been paid then thats a different story......

    Funnily enough I have just paid rent for room in house, existing resident meant to be gone since wednesday, just heard he is still in room, I will be arriving Tomorrow and I hope he wont be upset at a six foot 120 kg bald, bed mate who snores!!!!!.....


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    #3
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    This happened to me in London many moons ago. We exchanged and was due to get the keys from 12 noon. Rolled up to the house to find vendors literally starting to pack. Agreed to get the keys at 4pm. Went back and they were STILL there!!

    By 6pm, my partner was so p1ssed off, he told the vendors if they weren't out by 5pm, then he would start charging rent. They left soon after. Place was left filthy and hopping with fleas (they had cats!), but hey! We were in. Vendors cut off the electricity (for an all electric place, it was a disaster!) and even took the fecking light bulbs!!

    OP - I would speak to your solicitor first thing. Doorstep him if you have to. Ascertain whether money has changed hands. If it has, then I would go to the house with the Gards. Either the vendor leaves or she pays you rent!!


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    #4
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Forget about Gardaí- It is a civil matter.

    U.sually keys and executed deed are exchanged for the purchass money.

    Any variation on that would have to be agreed.

    Yes vendors can take light bulbs, but it would be regarded as bad form


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    #5
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    It is a civil matter. But you can ask for a Gard escort if you think the situation might escalate. That is why I advised going to the property with them.


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    #6
    ynotonavillus
    Registered Users Posts: 73 ✭✭ynotonavillus


    nuac wrote: »
    Forget about Gardaí- It is a civil matter.

    Not only a civil matter if they are on your property and are refusing to leave it ....

    Question really is whether the monies have been paid over.


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    #7
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    DCTF wrote: »

    Who actually owns the house now?

    On one view, the purchaser owns the house since the day the contract was signed by the vendor. If the purchase money has been paid over there is a breach of contract for failure to give vacant possession. If there is a failure to close a notice must be served.


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    #8
    ynotonavillus
    Registered Users Posts: 73 ✭✭ynotonavillus


    Milk & Honey wrote: »
    On one view, the purchaser owns the house since the day the contract was signed by the vendor. If the purchase money has been paid over there is a breach of contract for failure to give vacant possession. If there is a failure to close a notice must be served.

    very generous view,

    But this is not a question of a failure to close, my reading is that the sale closed but they are still in place.

    another view is that the contract is complete, at the point where they/their solicitor handed over possession/the keys and took the cash..., and presumably stated that the house was vacant.... subsequent to this they moved back in, they are trespassing....

    Question is whether they are deemed to have vacated the house/ surrendered any right to be on the land, if their solicitor took the cash and handed over the keys and said that the house was vacant they can hardly be heard to say that they had not actually moved out....


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    #9
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    ynotonavillus wrote: »
    very generous view,

    But this is not a question of a failure to close, my reading is that the sale closed but they are still in place.

    another view is that the contract is complete, at the point where they/their solicitor handed over possession/the keys and took the cash..., and presumably stated that the house was vacant.... subsequent to this they moved back in, they are trespassing....

    Question is whether they are deemed to have vacated the house/ surrendered any right to be on the land, if their solicitor took the cash and handed over the keys and said that the house was vacant they can hardly be heard to say that they had not actually moved out....
    Equity regards as done that which ought to be done. Once a contract is signed equity regards it as done. The day of sale is the day of signing the contract. Liability to Capital Taxes starts then.
    The house was never vacated. All of the previous owners goods remained on the premises. There is a failure to give vacant possession.
    The old owner may be a trespasser, even so the guards are not going to start looking at title deeds. The correct thing to do would be issue proceedings seeking an injunction and damages and freezing the purchase monies in the hands of the solicitor until vacant possession is given.


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