Irish law on house sales / divorce

procman

Anyone have any ideas here, this is baffling

If you are getting divorced and the family home goes up for sale, a buyer is found but nothing is signed, no contracts are drawn up.

Then agreement is made between the two parties getting divorced where one keeps the house and 'buys the other out'

The auctioneer that had the interested party is notified that the house is no longer for sale and then the auctioneer sends a bill for the full percentage that they would have received if the house was sold, stating that they are legally entitled.

Can anyone throw any light on this please, surely this cannot be the law in Ireland???

Samuel T. Cogley

They have to pay for their advertising etc. Read the contract (with the EA) that's what you will have agreed to.

procman

Samuel T. Cogley wrote: »

They have to pay for their advertising etc. Read the contract (with the EA) that's what you will have agreed to.

Thanks for the fast response - that's what i would have expected, as in just the advertising - so they have no right to try and claim anything more than that ? can i find more detail on that anywhere online ? i've looked but i'm not sure where to go

Wesser

Read the contract you signed with the agent .

It has nothing got to do with your personal arrangements / divorce etc.

antoinolachtnai

Wesser wrote: »

Read the contract you signed with the agent .

It has nothing got to do with your personal arrangements / divorce etc.

Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.

godtabh

antoinolachtnai wrote: »

Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.

His job was the sell the house. The house wasn’t sold. Deals fall through all the time

bleary

Yes deals fall through in good faith. In that case usually advertising fees paid. In this case they introduced a willing buyer but it appears the vendors were just using it to gauge a price . So fees may be applicable

antoinolachtnai

godtabh wrote: »

His job was the sell the house. The house wasn’t sold. Deals fall through all the time

His job was to find a willing buyer. He found one. The house was sold.

The_Conductor

Once the seller found an alternate buyer for the property, after the estate agent did- the EA would normally be entitled to be paid.
You can't just use an estate agent to guage a price for a property- and then expect not to pay them.........
Have a look at the contract with the estate agent- it will spell out the consequences of the owner finding a buyer elsewhere- normally the estate agent is due their complete fee.

?

procman

In this case there was no new buyer found (however the EA did have a buyer lined up) - one of the parties was already living in the house, bought the other one out, say for arguments sake the house was worth 250k - there was 50k outstanding on the mortgage and settlement was for 100k, the EA then demands their % on 250K from the person that was bought out, even though the house wasn't sold, as such.

Didn't see anything about that scenario in the documentation received from the EA

C3PO

In equity and I would guess also legally the EA is entitled to his fee ... or certainly the vast majority of it!

ted1

godtabh wrote: »

antoinolachtnai wrote: »

Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.

His job was the sell the house. The house wasn’t sold. Deals fall through all the time

Often his job is to get it to sale agreed. Read the contract.

The_Conductor

As I honestly think the OP isn't going to countenance any responses that run counter to the notion he/she has in their head- regarding their obligations to their estate agent- I am closing the thread.

OP- read the contract you signed with the estate agent- it spells out your obligations and rights- alongside those of the estate agent.
Please do not open another thread on this topic- without clearing it with me.

Regards,

The_Conductor