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HELP!! Taking his time releasing deeds of house with sale of house

  • 07-12-2014 11:27pm
    #1
    Registered Users, Registered Users 2 Posts: 545 ✭✭✭


    Hi

    Used a solicitor to buy a house in 2013 and just went sale agreed to a buyer Friday 28th of November.

    My new solicitor send an authorization that day for deeds to be transferred to him (they are 5 doors away from each other)

    Closing date of sale has to be Dec 19th and previous solicitor is taking his time releasing deeds. He informed current solicitor it would be done "during the week"- that week has now passed.

    We stand to lose the sale if he doesn't send them out tomorrow because buyer is very anxious to get deal done.

    How can I quicken the process?? Phone calls etc have been made.

    If I call in personally, can he hand me my own deeds?


Comments

  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Not legal advice, but i would call in personally to demand an explanation as to why there has been a delay and why assurances were given and then broken. I wouldn't let up until it was sorted.


  • Registered Users, Registered Users 2 Posts: 545 ✭✭✭Pinkycharm


    Yeah thanks a million, no sign of them today either. Pissed off beyond words now. Partner went down today whose name is also on the deeds and made every excuse not to give them to him, he wanted to hand them to the other solicitor himself.

    Just to other posters/mod, not looking for legal advice, just any advice! :)


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Pinkycharm wrote: »
    Yeah thanks a million, no sign of them today either. Pissed off beyond words now. Partner went down today whose name is also on the deeds and made every excuse not to give them to him, he wanted to hand them to the other solicitor himself.

    Just to other posters/mod, not looking for legal advice, just any advice! :)

    While standing in the office of the solicitor that's stalling dial 01 672 4800 and ask to be put through to the section that takes complaints against solicitors. Its the number of the Law Society.


  • Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Pinkycharm wrote: »
    Yeah thanks a million, no sign of them today either. Pissed off beyond words now. Partner went down today whose name is also on the deeds and made every excuse not to give them to him, he wanted to hand them to the other solicitor himself.

    Just to other posters/mod, not looking for legal advice, just any advice! :)


    He will have to provide them directly to the other solicitor as he will get a professional undertaking as to his dealings with them which he won't get from you or your partner. Thi should be relevant if there is an existing mortgage on the property. It doesn't excuse the delay, however.


  • Registered Users, Registered Users 2 Posts: 545 ✭✭✭Pinkycharm


    Marcusm wrote: »
    He will have to provide them directly to the other solicitor as he will get a professional undertaking as to his dealings with them which he won't get from you or your partner. Thi should be relevant if there is an existing mortgage on the property. It doesn't excuse the delay, however.

    No property hasnt a mortgage thats why I can't understand the delay. I left him a message asking it to be done tomorrow or I'd have to make an appointment to discuss the delay with him.


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  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Maybe he misplaced the deeds


  • Registered Users, Registered Users 2 Posts: 545 ✭✭✭Pinkycharm


    goz83 wrote: »
    Maybe he misplaced the deeds

    Dont be making me freak the bean!!! The deeds for this particular property go back to the 1700s there is a huge amount of them. it's an old cottage so no way he could misplace the box of them we got when we bought it!


  • Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Pinkycharm wrote: »
    Dont be making me freak the bean!!! The deeds for this particular property go back to the 1700s there is a huge amount of them. it's an old cottage so no way he could misplace the box of them we got when we bought it!


    I will place a bet that he hasn't yet got around to registering the property! Since about 2010, it has been mandatory for previously unregistered land (i.e. those whose title is evidenced by a box of old documents) to be the subject of a first registration the next time it was sold. I was brought through this process on a purchase which ultimately fell through. That solicitor made it clear to me that, absent a guarantee by the solicitor to PRAI, he would expect the registration process to take up to 18 months as the PRAI had to examine each of the underlying documents prior to effecting the registration. Hopefully it won't hold up your sale. If he did effect the first registration then the new purchaser will not be much interested in the old box of documents as the PRAI record is prima facie evidence of the ownership of the property.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    A title going back to 1700s may take some time if no part of it has yet gone through the Land Registry.

    It may have been part of a larger estate portions of which may have already been registered.

    Suggest your current solicitor talks to his colleague


  • Registered Users, Registered Users 2 Posts: 545 ✭✭✭Pinkycharm


    Deeds arrived today at 5pm.


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