Closing date without contract (house)

crae

Hi,
just wanted to check if this was unusual, weird or just common things that happens in Ireland...

In process of buying house for the first time (in Ireland), shocked on how much bureaucracy there is.
A process that takes 2 weeks in Sweden with 1 signed paper, has taken me 4 months (so far) here with hundreds of papers sent in and dozens of signatures...

Anyway, my question:
Would/Should a solicitor give a fixed closing date if they don't have a signed contract?

Everything was done on our side, banks side and my solicitor.
We were given a closing date. So based on that, we finalized everything, activated insurances, gave full deposit, paid tax, stamp duty, etc. Even gave notice on my current rented apartment.

Evening before closing date, sellers solicitor contacts us and says seller hasn't signed contract yet. This was now two weeks ago and they still haven't signed contract.


As of now, I've paid house- and mortgage-insurance for two weeks on a house I don't own.
In two weeks I'm getting kicked out of my current apartment...

nuac

Mod
You will have to be advised by your own solicitor on this.
Leaving open for general discussion subject to forum rule on legal advice

crae

nuac wrote: »

Mod
You will have to be advised by your own solicitor on this.
Leaving open for general discussion subject to forum rule on legal advice

Since my question is if the solicitor has made a mistake or just doing what is normal for Ireland.
Basically you’re telling me I should ask my solicitor if he’s done a mistake or a bad job?
And you expect him to be honest about it?

Mod
The convention on Boards.ie is that queries on mods' statements should by PM rather than in thread.
'

Darc19

Unfortunately, the time it takes to close a property transaction is ridiculous here.

A lot of those in the legal profession don't understand what urgency is and still quite unbelievably use regular mail for correspondence.

All you need is the solicitor of one party to be a slow cumbersome type for delays to occur. And there are simply too many of those types here. (personal experiences)

Victor

Given that you are Swedish, it is remiss of your solicitor to not explain the procedures and potential problems involved. Your situation sounds like the seller may be delayed in purchasing their new property.

One of the core parts of Irish conveyancing law is the Statute of Frauds 1695 (the year). It requires you to have the other side's signature for a contract for the sale of land to be complete.

Talk to your landlord and explain your predicament. They might be quite will to help.

Your insurers may be willing to refund the insurance.

crae

Victor wrote: »

Given that you are Swedish, it is remiss of your solicitor to not explain the procedures and potential problems involved. Your situation sounds like the seller may be delayed in purchasing their new property.

One of the core parts of Irish conveyancing law is the Statute of Frauds 1695 (the year). It requires you to have the other side's signature for a contract for the sale of land to be complete.

Talk to your landlord and explain your predicament. They might be quite will to help.

Your insurers may be willing to refund the insurance.

Seller is not buying something new. The don’t even live here. They had been renting out house for years but kicked out tenants now since we’re buying it.
So house has been empty for a month now...

I got most things well explained. Was just surprised that both sellers solicitor and my solicitor would set a fixed closing date. Ask me to pay insurance, tax, etc. Even ask bank to pay out mortgage when they don’t have signature on contract.

Yes, going to talk with landlord.

Darc19

If the seller is not residing here and lives abroad, then that may explain things.

Everything can be put in place beforehand and seller sign contracts and everything else required in a single visit to their solicitor.

They do run the risk of you just canceling the deal.

holliehobbie

Where I work I regularly have solicitors writing or emailing to ask for a letter they need to have for a closing tomorrow/two days time/a weeks time. Sometimes I feel like saying I don't have a magic wand and I can't just produce this letter immediately just cause they've asked nicely. In one case I had, the couple selling the house were emigrating to Canada the next day!! Op you are lucky you are not in a chain!! Back in the Celtic tiger era they were very common and all it needed was for one sale to fall through and a whole load of people were back to square one again!