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NPPR

  • 06-03-2017 8:52pm
    #1
    Registered Users, Registered Users 2 Posts: 18


    Hi. I purchased my home in 2013 and I am now selling.
    The previous owners rented out the house and so had to pay NPPR.
    The solicitor who handled our purchase told me he had checked NPPR liabilities had been discharged and that he had appropriate documents.
    We are using a new solicitor now who says the NPPR cert is not in the titles for sale.
    I've emailed my old solicitor to get the documents. I am assuming it just a filing error and he has everything required.
    If he has been negligent and allowed the sale to go ahead without checking the NPPR what recourse do I have?


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    aoc77 wrote: »
    I am assuming it just a filing error and he has everything required.

    1. Check to see if he comes up with the goods.
    2. If he doesn't, contact the local authority to check whether a certificate of discharge or exemption has already issued in respect of NPPR.
    3. If that doesn't turn anything up for you, your current solicitor should be able to advise you.


  • Registered Users, Registered Users 2 Posts: 18 aoc77


    Hi. Quick update on this. My previous solicitor who handled our house purchasr has produced a certificate issued by the vendor's solicitors in 2013 which states that the house was their PPR. I have sent this to my new solicitor to send the purchaser's solicitor. He however has said that normally a Local Authority issued cert is issued so he's not sure if this will be accepted. Obviously my previous solicitor did accept it and he argues that a solicitor-issued certificate is sufficient. I am very stressed about this now as I am not sure what I can do! Seems they are in complete opposition!


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The new solicitor didn't act in the purchase so he can be objective. He has said that the NPPR paperwork may not be accepted. This is a bit vague because you don't know whether there is a problem or not. Understandably, the uncertainty is causing you stress.

    You should ask your current solicitor to give you clear advice about what is required and whether there is a problem. If there is a problem, you need clear advice on how to resolve it.


  • Registered Users, Registered Users 2 Posts: 81 ✭✭0325422


    I am in a similar position. I purchased my house in 2013 using one particular solicitor.. Turns out there was outstanding NPPR from 2009 on the property which wasn't discovered. I'm in the process of selling the property now with a different solicitor now and I'm looking at a bill of over €2000 to get the house NPPR cert of discharge.. Is there anything else I can do. I'd rather not pay this as it's not my liability


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Contact the solicitor who acted in relation to the purchase and ask about the 2009 NPPR.


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  • Registered Users, Registered Users 2 Posts: 1,819 ✭✭✭Hannibal


    I know this is a relatively older thread.


    I too am having a similar issue in regards to the NPPR.
    The previous owner didn't pay it for 2009, 2010 and 2011 and in order to proceed with a sale my current solicitor reckons I might need to pay this even though it is not my liability.


    Has anybody any experience of this?


  • Registered Users, Registered Users 2 Posts: 958 ✭✭✭Stratvs


    Hannibal wrote: »
    I know this is a relatively older thread.


    I too am having a similar issue in regards to the NPPR.
    The previous owner didn't pay it for 2009, 2010 and 2011 and in order to proceed with a sale my current solicitor reckons I might need to pay this even though it is not my liability.


    Has anybody any experience of this?

    https://www.nppr.ie/Faq.aspx

    The NPPR late charge for 2009,2010+2011 would total €5,370.
    I have encountered cases lately where the vendor has not paid and is essentially trying to push the liability to the purchaser by negotiating on the asking price. My understanding was always that a sale could not go through without an NPPR discharge certificate however recently a solicitor said the sale can go through but the purchaser then becomes liable.


  • Registered Users, Registered Users 2 Posts: 1,819 ✭✭✭Hannibal


    Stratvs wrote: »
    https://www.nppr.ie/Faq.aspx

    The NPPR late charge for 2009,2010+2011 would total €5,370.
    I have encountered cases lately where the vendor has not paid and is essentially trying to push the liability to the purchaser by negotiating on the asking price. My understanding was always that a sale could not go through without an NPPR discharge certificate however recently a solicitor said the sale can go through but the purchaser then becomes liable.
    It seems beyond crazy to me that I am potentially going to be hit with a charge for something the previous owner and the original solicitors overlooked or didn't bother pursuing.
    Is there any occasions where even the late charge is even removed or waived?


  • Registered Users, Registered Users 2 Posts: 958 ✭✭✭Stratvs


    Hannibal wrote: »
    It seems beyond crazy to me that I am potentially going to be hit with a charge for something the previous owner and the original solicitors overlooked or didn't bother pursuing.
    Is there any occasions where even the late charge is even removed or waived?

    This is the vendor trying to weasel out of their responsibilities. It was a second property remember not their residence. It was either rented or used by them as a second/holiday home. They are likely hoping that you’ve got your heart set on the property and don’t want to lose it and are playing on that.

    If the NPPR charge is indeed due it will not likely be waived. Remember any other purchaser will be similarly faced with this unless the vendor pays up. So any chance of playing hardball and taking it off the purchase price. The silly thing here is if they had paid originally it would have been €200 for each year.


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    Hannibal wrote: »
    I know this is a relatively older thread.


    I too am having a similar issue in regards to the NPPR.
    The previous owner didn't pay it for 2009, 2010 and 2011 and in order to proceed with a sale my current solicitor reckons I might need to pay this even though it is not my liability.


    Has anybody any experience of this?
    Tell your solicitor to take it off the sale price.

    “I can’t pay my staff or mortgage with instagram likes”.



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