Apartment purchase missing keys

GGTrek

Hi I have recently completed the purchase of an apartment and the vendor only delivered two keys of the four needed. I now have to pay the management company to provide copies of the two missing keys. My questions:
1) Could this be considered a breach of the sale contract on part of the vendor? One of the missing keys is needed to access the section of the building where the apartment is located, the other is the post box key. So my access to the apartment is restricted and I have no access to post box yet.
2) It is customary to provide two copies of all the keys, is this an obligation by law or just one copy provided of all the keys is enough to satisfy contract for sale? In the contract there is nothing written about keys, just that the property needs to be delivered and access provided on closing date.
3) I am thinking of sending a letter to the vendor solicitor to request reimbursement of my expense with the keys (these keys are not cheap, locksmith charges to break post box lock and put a new one are not cheap, we are talking a sum above 200 EUR).
4) In case of refusal to reimburse, what would my legal options be? Can I make a claim at small claims court for the cost of the keys and time taken off work in order to get the copies of the keys? I would like to avoid using a solicitor for such a sum.
Thank you

Tow

Welcome the expensive world of property ownership.

Paulw

Maybe I'm paranoid, but I would be changing any lock I could, either way.

I wouldn't feel right if someone had keys for my place. Safer to change the locks, no matter what the cost.

edanto

Hell yeah. Always change the locks of the front door.

You might have an issue with an insurance claim if someone broke in using those keys and there was no forced entry. (pure conjecture, but I heard recently about someone that lost an insurance claim on a stolen jeep because the keys were taken from his unguarded clothes at the side of a soccer pitch).

For the postbox, if you weren't provided with a key, your solicitor should be able to shake a cheque out of the vendor to cover the locksmith work. Same for the duplicate fob. Any solicitor worth their salt should be able to negotiate that.

Small claims court not available to you if this was a private sale afaik.

GGTrek

edanto wrote: »

Hell yeah. Always change the locks of the front door.

You might have an issue with an insurance claim if someone broke in using those keys and there was no forced entry. (pure conjecture, but I heard recently about someone that lost an insurance claim on a stolen jeep because the keys were taken from his unguarded clothes at the side of a soccer pitch).

For the postbox, if you weren't provided with a key, your solicitor should be able to shake a cheque out of the vendor to cover the locksmith work. Same for the duplicate fob. Any solicitor worth their salt should be able to negotiate that.

Small claims court not available to you if this was a private sale afaik.

Thank you very much, very informative post. Unfortunately I can only change the lock of the postbox and the apartment itself, the other two keys (for building access) are under responsibility of the management company and I doubt they would like to change them now.
I am going to contact my solicitor, provide him with the invoices from management company and locksmith and ask him to send them to the vendor solicitor to reimburse.

My only fear is if the vendor refuses to reimburse, the fact that small claims court is not available for such small sum (I have used it before against an airline and it was very fast) will make it very difficult and expensive to sue the vendor for the small costs incurred.

Paulw

Just go back to your solicitor and explain that keys were not handed over. It should then be up to your solicitor to chase, especially for keys that must come from the management company.

ANXIOUS

I'm not sure what type of postbox you have in my apartment block, all I had to do was ring the locksmith with the number on the outside of the lock and he gave me the key. Cost €5 it was generic.

GGTrek

ANXIOUS wrote: »

I'm not sure what type of postbox you have in my apartment block, all I had to do was ring the locksmith with the number on the outside of the lock and he gave me the key. Cost €5 it was generic.

We called the locksmith "approved" by the management company and he said if we do not have any copy they will charge us 110 EUR for a new postbox + extra EUR 15 for the fob of the other key.

Just go back to your solicitor and explain that keys were not handed over. It should then be up to your solicitor to chase, especially for keys that must come from the management company.

I spoke with my solicitor today and he does not want to get involved in this issue, since "it is too much demand for the fees he receives" :mad: I will write to the vendor solicitor myself and if there is a refusal I shall contact flac to ask for advice in order to sue in district court for breach of contract and reimbursement of the expenses.