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Mutual House Sale Deal gone Wrong !!!

  • 09-06-2017 8:01pm
    #1
    Registered Users, Registered Users 2 Posts: 22


    Buying a house through a private sale, deposit paid, everything agreed & least €15k spent on renovations...all very mutual. An issue has arisen on their side (change if situation) & are trying to pull out of the sale. First signing completed but they won't close . Can they pull out? Have I any recourse to return the deposit or money spent on the house so far ? Can I pursue them to close/sell ? No chain but gullible I know.


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    what did you solicitor say? and why spend money on a house you dont own?


  • Registered Users, Registered Users 2 Posts: 456 ✭✭dusty207


    godtabh wrote: »
    what did you solicitor say? and why spend money on a house you dont own?
    Is there even a solicitor involved?


  • Registered Users, Registered Users 2 Posts: 4,825 ✭✭✭LirW


    Did you have a solicitor involved? If yes, talk to your solicitor asap.
    Also spending a single euro on renovation works before closing the sale was the opposite of smart.


  • Registered Users, Registered Users 2 Posts: 727 ✭✭✭Sixtoes


    Better Call Saul.


  • Registered Users, Registered Users 2 Posts: 22 Topper Harvey


    Yes agreed, but it was all very mutual, trusting & agreeable.....never previously an issue & has been ambling along until now. Solicitor advice is to give a deadline to close or court to recoup funds. After all the work done I just want the house but they seem adamant they now want to keep it. Courts are a money drain as we know & would prefer to avoid.


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  • Closed Accounts Posts: 3,378 ✭✭✭CeilingFly


    You spent 15k on someone else's house?

    Seriously?

    I think this is a trolling post.


  • Registered Users, Registered Users 2 Posts: 1,002 ✭✭✭dev100


    What's your preferred option ? Complete purchase or to have all your money returned to you ? Having your money returned would probably be the cheapest option unless you have some sort of watertight contract but a solicitor would be your best bet but you will start incurring costs in that situation only 1 winning is the solicitor . If it were me I'd be getting my money and be running /sprinting . What have they said about your money ?


  • Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    This is all a bit mad...


  • Registered Users, Registered Users 2 Posts: 22 Topper Harvey


    Preference by far is to keep/buy the house but if they now don't want to sell even going down the courts route, can I force them to sell ? Given the previous goodwill, works completed, deposit paid & an agreeable initial signing.


  • Registered Users, Registered Users 2 Posts: 532 ✭✭✭beechwood55


    It would cost money and take time...and possibly no guarantee of success.


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  • Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    What did you spend 15k on? I really don't understand how this could even happen to be honest.

    Are you already living in the property or something?


  • Registered Users, Registered Users 2 Posts: 2,432 ✭✭✭SusanC10


    Are Contracts signed and exchanged?

    Did you seek your own Solicitor's advice before spending the money on renovations before completion of the transaction ?

    Has the Closing Date on the Contract passed ?


  • Registered Users, Registered Users 2 Posts: 4,825 ✭✭✭LirW


    No you can't. You need legal advice, if you want it or not. You made a really stupid move by trusting someone blindly with the sale of an asset that's worth several hundreds of thousands and invested money in something that's not yours yet. You need professional assistance and prepare for a fight, that's a tough one.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Preference by far is to keep/buy the house but if they now don't want to sell even going down the courts route, can I force them to sell ? Given the previous goodwill, works completed, deposit paid & an agreeable initial signing.

    No you can't force them to do anything, get your deposit back and kiss your 15k goodbye you shouldn't have touched the house until you owned it.

    There's nothing mutual about this they just made a prize muppet out of you.


  • Registered Users, Registered Users 2 Posts: 3,643 ✭✭✭dubrov


    Depend on whether contracts were signed or not


  • Registered Users, Registered Users 2 Posts: 22 Topper Harvey


    Yes, the 'muppet' feeling is constant. Thanks for all the reply posts.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Yes, the 'muppet' feeling is constant. Thanks for all the reply posts.

    Don't take it to heart everyday is a school day this just happens to be an expensive one. Anything with properly just leave it with your solicitor until they hand you the keys. I'd explain the situation to your solicitor and ask him to put in a call to their solicitor. Not a lot else you can do.


  • Registered Users, Registered Users 2 Posts: 84,762 ✭✭✭✭Atlantic Dawn
    M


    Both seller and buyer would need a seperate solicitor representing each party for a sale to be allowed go through. Have they got a solicitor handling the sale?


  • Registered Users, Registered Users 2 Posts: 6,162 ✭✭✭CollyFlower


    I don't know why people think this is a 'troll' post, even if it is, these things can happen, it might give others a warning not to spend until you own!... I've heard much worse than the OP's issue.... I've heard about a House sale where the seller wasn't the owner. Lots of scams out there.


  • Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭househero


    Buying a house through a private sale, deposit paid, everything agreed & least €15k spent on renovations...all very mutual. .

    Is this a family sale


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  • Registered Users, Registered Users 2 Posts: 1,228 ✭✭✭wally1990


    I'd be sick 15K :O


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Buying a house through a private sale, deposit paid, everything agreed & least €15k spent on renovations...all very mutual. An issue has arisen on their side (change if situation) & are trying to pull out of the sale. First signing completed but they won't close . Can they pull out? Have I any recourse to return the deposit or money spent on the house so far ? Can I pursue them to close/sell ? No chain but gullible I know.
    I think you've just been conned by someone who had no intention of selling. You say "First signing completed but they won't close"; am I to assume you signed the contracts, but they haven't? As said, get legal advice.


  • Registered Users, Registered Users 2 Posts: 4,946 ✭✭✭Bigus


    Good an all as boards is ,it won't sort this out.


  • Registered Users, Registered Users 2 Posts: 1,813 ✭✭✭Wesser


    15 k would be alot to loose.
    There are other ways to loose money on property!!
    Through sheer procrastination i have lost more than that by house prices rising in Dublin in the last year .
    I suppose it just feels different because you've actually spent the money.
    Don't beat yourself up.over it .
    You.might be able to recoup it from them??


  • Registered Users, Registered Users 2 Posts: 727 ✭✭✭Sixtoes


    Have you asked them to pay you back?


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    You need to get legal advice from a solicitor asap. It doesn't matter how much you trust someone but things like this always have to done in writing, I suspect this is a family deal gone wrong but either way you need to talk to a solicitor.


  • Registered Users, Registered Users 2 Posts: 4,372 ✭✭✭Homer


    If you do, and I sincerely hope you do have a solicitor employed, they should have been the ones to tell you not to spend a penny on a property you don't yet own? We are about to close on a property and both the bank AND our solicitor told us not to order a new feckin sofa till we had the keys in our hands! Expensive lesson learnt I'm afraid for you, as much as it pains me to think that's the reality.


  • Registered Users, Registered Users 2 Posts: 3,818 ✭✭✭jlm29


    Homer wrote: »
    If you do, and I sincerely hope you do have a solicitor employed, they should have been the ones to tell you not to spend a penny on a property you don't yet own? We are about to close on a property and both the bank AND our solicitor told us not to order a new feckin sofa till we had the keys in our hands! Expensive lesson learnt I'm afraid for you, as much as it pains me to think that's the reality.

    To be fair, I don't think a solicitor should need to tell anyone not to spend money on a house they don't own. It should be common sense


  • Registered Users, Registered Users 2 Posts: 13,702 ✭✭✭✭BoatMad


    if the contracts aren't signed ( i.e. the seller hasn't signed and agreed completion ) , then you have no hope of forcing completion , if there are signed AND you have a time of the essence clause then you can force specific completion through the courts if necessary . depedjing on the resources of your opponents , you could be in for a long and expensive battle

    personally , if thats the case, take your deposit and move on

    Id love to know how you rationalised spending money on a house you dont own, it must be a family sale IMHO


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