Bought property in Ireland - delay with registration

benki11

Hi there
I bought apparent in this country without bank or mortgage help with my own money.Got solicitor very good one in town where i live and payed him over 2500€ for papers,registry taxes .... and his own work!
First he told me that he would never agree sale without checking everything is ok with apartment itself or did previous owner had any burdens on apartment !
So after about 3-4 months he told me everything is ok i gave him check and he payed for apartment and he gave me keys .
He told me then that he has to wait for Registry office in Dublin to re-register apartment on my name and it would take some time before it s finished.

Now 10 months after i still have no paper ,solicitor is avoiding me and his secretary told me that i still have not receive my paperwork from registry office because there is burden on apartment and other side solicitor did not respond to there letter over a 4 mounts now!!

So i made appointment with my solicitor for this Monday after long time trying to talk to him about this problem!!!

I am not asking for ligal advice here then just question about am i been played here or have i any protection from government or will my solicitor take responsibility if some bank or somebody knock on my door one day and tell me to move out because there was burden on my apartment from previous owner !!
Other words can somebody throw me out from my own apartment:eek:??

Thanks a million

PS
sorry for bad English

The_Conductor

It sounds like you've been given bad advice somewhere along the line.
If you have handed over the money for the property- you are entitled to vacant possession, of an unencumbered property. To be 100% honest with you- I would request this immediately- and advise that if this is not forthcoming- your money should be returned to you immediately- or you will be taking action against the solicitor himself for dereliction of duty.

maddragon

If the fee did not include stamp duty you paid well over the market rate for the solicitors work.
Otherwise +1 on what smccarick said.

OMD

smccarrick wrote: »

It sounds like you've been given bad advice somewhere along the line.
If you have handed over the money for the property- you are entitled to vacant possession, of an unencumbered property. To be 100% honest with you- I would request this immediately- and advise that if this is not forthcoming- your money should be returned to you immediately- or you will be taking action against the solicitor himself for dereliction of duty.

Maybe I'm reading this wrong but he has possession of the property but doesn't have the title deeds. During the boom, taking a year for this was not unheard of. Happened to a friend of mine at least.

Milk & Honey

OMD wrote: »

Maybe I'm reading this wrong but he has possession of the property but doesn't have the title deeds. During the boom, taking a year for this was not unheard of. Happened to a friend of mine at least.

It is not a complaint about the delay in registration. The complaint is about the fact that there was a burden, e.g. judgement mortgage, on the property when it was transferred and the solicitor did not spot it.
The o/p may have to get a new solicitor to solve the problem and sue the first solicitor. Hope he has better luck picking a solicitor this time.

OMD

Milk & Honey wrote: »

It is not a complaint about the delay in registration. The complaint is about the fact that there was a burden, e.g. judgement mortgage, on the property when it was transferred and the solicitor did not spot it.
The o/p may have to get a new solicitor to solve the problem and sue the first solicitor. Hope he has better luck picking a solicitor this time.

Whoops. Sorry

benki11

OMD wrote: »

Maybe I'm reading this wrong but he has possession of the property but doesn't have the title deeds. During the boom, taking a year for this was not unheard of. Happened to a friend of mine at least.

Yes I live in property right now no bother with that,and also don t have title deeds but the reason I don t have them yet is because there is a burden on property and should T be there as promised that everithing will be 100 % before my solicitor will had money over to him !!

Now my main concern is can I get taken property of me by bank or anybody else becouse of that Burden , or do I have some protection here!!

Thanks

PS

I ll speak with Solicitor on Monday and Update this thread

The_Conductor

A property is said to be encumbered when it has a lien registered against it. Normally it is not possible to sell a property until all liens registered against it have been satisfied. Is it possible for the seller's bank to request possession of the property- if he has a loan on which the property was used as collatoral- a mortgage or indeed any type of loan. Certainly it is. Until such time as the property is signed over to you- it is the legal property of the seller, and if the encumbrance is not removed- the person who holds the encumbrance has say on what happens to the property.

You *need* legal advice on this- and not from the first solicitor- as he seriously screwed up here. If he (or she) has not handed over your money to the seller (yet)- fine- your money is safe- however I'd be trying to get my money back- as the transaction to date has been anything but satisfactory.

benki11

Now I ll go completely mad ,after he promised me again that everithing ll be 100 % that man dies to whom ex owner owned a money and was lined against property! He said to me two weeks ago that everithing will be ok just that ex owner singed wrong form and registerd office required right form!!
So I was ok with that because he promised me everithing will be fine ,but yesterday I went to his office and secretary told me that my solicitor has retired and left country!
I went completely mad ,(that so wired he could have told me that before)
Now I have to deal with his replacment ,and she has no clu about my case!!
Omg what a country

StillWaters

You've been very patient. maybe more than you should have been. now that the old solicitor has gone, might be a good time to see a new solicitor, who has nothing to do with the old one, to get some advice?

the_syco

Get a new solicitor (try to get one that a friend or family has found good), and sue the solicitors office.

Milk & Honey

the_syco wrote: »

Get a new solicitor (try to get one that a friend or family has found good), and sue the solicitors office.

You can't sue an office. You have to sue a person.

Sleepy

Which would make one question the solicitors decision to retire and emigrate...

Sounds like he's done a runner tbh.

benki11

Sleepy wrote: »

Which would make one question the solicitors decision to retire and emigrate...

Sounds like he's done a runner tbh.

Stop scaring me!
I ll See on Monday what will replacment solicitor say,and then I will take further actions if any any problems apper.

benki11

update
Today just recived shocking letter from office

First he send it to my privious adress,and in letter he completly wrote wrong apartment adress and estate i bought(this one is 2 miles away from where i live)but here is letter

Quote
Dear .....

Please be adviced that the offices of Glee....& Kea.....solicitors will cease to practise on 30th November 2012.

you will need to nominate a solicitor firm to take over your file and to deal with this matter.You might confirm where you wish your file to be sent and we will prepare a bill of costs for the work complited to date and on payment we will arange to foward your file to them.You should furnish your nomination as soon as possible to avoid delay.

Any monies which we hold on your behalf will be transferred to whatever firm of solicitors you nominate to complete work in this matter.

Finaly,we would like to take this opportunity to thank you for your instructions in the above matter/s and to express our appreciation for your custom in the past.

End of quote


So what do you think lads can i sue him or not,well i know you are not solicitors or maybe are and i m not asking for legal advice but just opinion

Thanks

benki11

i already paid him and don t think that any other solicitor will take my case without paing him as well,so if i can i would rather sue him if i have legal grounds to do that!
I ll go quier to other solicitor anyways tommorow ,but just would like to know what do you lads think!

handlemaster

benki11 wrote: »

i already paid him and don t think that any other solicitor will take my case without paing him as well,so if i can i would rather sue him if i have legal grounds to do that!
I ll go quier to other solicitor anyways tommorow ,but just would like to know what do you lads think!

its not looking good. Where exactly did your money go ? Was it given to the sellers solicitor ?

benki11

Bump

benki11

benki11 wrote: »

Bump

everything fine now with new solicitor after year and half since I bought home
Thanks for help

The_Conductor

Thrilled to hear it.

Shane

benki11

The_Conductor wrote: »

Thrilled to hear it.

Shane

I hope you are , cause I am!
Thanks

benki11

Everithing fine now finally !