Solicitor won't release deposit..keeps making excuses

Tipp man running

Just wondering best way to approach this..

Client pulled out of a house sale after he and my auctioneer strung me along for over a year.. eventually got him to sign a contract and pay a deposit after a year with a time frame to complete but he never completed, broke all stipulations in the contract.....this was around 6 years ago.

During the time of the sale I split from my wife, joint owners of the house, and she retained our solicitor for the separation. I employed a separate solicitor and we had an amicable separation.

However my wife's solicitor keeps making excuses to her when she inquires about releasing the deposit which is due to us both....her solicitors latest excuse is that I should get a solicitor to put pressure on her firm to release the money!!......they have the money over 6 years now.

So I guess my only option is to hire a solicitor?

Anyone know anyone decent in Cork City as I live here now.

Marcusm

Sounds like things are reasonably amicable with your wife; have her suggest to the solicitor in writing that she will take advice from the Law Society as to whether it is appropriate for the solicitor to act in relation to the separation while it fails to returns her funds from a prior matter despite requests. MAke sure that the requests have been documented.

MagicSean

Go to the law society.

sellerbarry

Are you sure your ex hasn't spent it and is stringing you along? Just a thought.;)

Pat Mustard

OP, are you saying that your previous solicitor (now your wife's solicitor) has suggested that you instruct your solicitor to threaten to sue him?

Tipp man running

The Mustard wrote: »

OP, are you saying that your previous solicitor (now your wife's solicitor) has suggested that you instruct your solicitor to threaten to sue him?

I know its hard to believe but yes....last time she inquired about the money her solicitor told her that I should get my solicitor to start putting pressure on for the money.

Originally when the contract was broken we were told to leave some time pass to make it easier to release the money to us....a letter was sent to the purchasers solicitor over 5 years ago saying the money was been released to us but they never responded back..... every time I inquiry about it all they say to her is they will look in to see how to release it but we hear no more...probably our own fault for not been more forceful....

I've never pushed the issue but to be honest think enough time has passed, and we both could do with the money.

Thanks for the suggestion about the Law Society.

Pat Mustard

More questions:

1. Is the information all coming through your separated spouse?
2. Your new solicitor would have asked you about your assets in relation to the separation. Did you mention this money held by the old solicitor?
3. Did your new solicitor ask your old solicitor about the money?
4. What did your new solicitor have to say about this money held by your old solicitor?
5. I am not sure whether you had a separation agreement with your wife or whether you got a consent judicial separation, but what did either the separation agreement or the consent order stipulate in relation to the money?