Declaration of identity - whos responsible

Buyingrookie

hello
We are sale agreed on a property and in contract negotiations. The property is a one off house on its own site with septic tank etc and connected to water mains. Problem is our solicitor is saying the seller needs to provide a declaration of identity (that the house and all services etc are within the site). However the sellers solicitor is "refusing" to provide this and says its the buyers responsibility. So who is responsible? The buyer or the seller? Surely the seller since its their property!

sydthebeat

It is 100% the responsibility of the seller

Buyingrookie

sydthebeat wrote: »

It is 100% the responsibility of the seller

Thank you. I was pretty sure this was the case. The problem is what to do now that the seller has refused. We have also refused and asked them to furnish it but they refused again . It just all seems a bit ridiculous

bobbyy gee

there's a problem then and you can't buy


https://m.youtube.com/watch?v=O3fcPkBcGb0

sydthebeat

Buyingrookie wrote: »

Thank you. I was pretty sure this was the case. The problem is what to do now that the seller has refused. We have also refused and asked them to furnish it but they refused again . It just all seems a bit ridiculous

then you will need to make the decision on whether to walk from the sale, or to pay your own person to do it.

similar as buying a car from a garage without an NCT

Buyingrookie

sydthebeat wrote: »

then you will need to make the decision on whether to walk from the sale, or to pay your own person to do it.

similar as buying a car from a garage without an NCT

Thanks for the advise. Much as I'd hate to, I think we have to walk away. If they won't provide this required document, what else are thry hiding. Just frustrating when it gets to this point

muffler

Buyingrookie wrote: »

Much as I'd hate to, I think we have to walk away. If they won't provide this required document, what else are thry hiding.

Id certainly walk. Its not the cost thats preventing them from getting a cert as its relatively cheap. There is obviously a reason why they cant produce it.

Penn

I'd give them one last chance and point out that even if you walk, the next seller's solicitor is going to look for the exact same thing.

But if they still refuse, you need to be prepared to walk.

monseiur

Buyingrookie wrote: »

hello
We are sale agreed on a property and in contract negotiations. The property is a one off house on its own site with septic tank etc and connected to water mains. Problem is our solicitor is saying the seller needs to provide a declaration of identity (that the house and all services etc are within the site). However the sellers solicitor is "refusing" to provide this and says its the buyers responsibility. So who is responsible? The buyer or the seller? Surely the seller since its their property!

This speaks volumes about the type of shoddy, unprofessional service provided by
solicitors and yet they charge 'professional' rates.

Graham

monseiur wrote: »

This speaks volumes about the type of shoddy, unprofessional service provided by
solicitors and yet they charge 'professional' rates.

The solicitor appears to be doing his job in advising the OP not to proceed without the appropriate paperwork from the vendors.

Calahonda52

Graham wrote: »

The solicitor appears to be doing his job in advising the OP not to proceed without the appropriate paperwork from the vendors.

Yes but not the vendors, which is costing the OP

sydthebeat

Graham wrote: »

The solicitor appears to be doing his job in advising the OP not to proceed without the appropriate paperwork from the vendors.

The vendors solicitor is refusing to provide a DOI

Graham

Calahonda52 wrote: »

Yes but not the vendors, which is costing the OP

That's not something that's within the control of the OPs solicitor.

I would hazard a guess it's not something the vendors solicitor can force from the vendors either.

My complete and utter guess would be; there's a reason the vendors can't provide the declaration.

Buyingrookie

sydthebeat wrote: »

The vendors solicitor is refusing to provide a DOI

Yes, the vendors solicitor has written into the contract that the declaration of identity is the buyers responsibility. In fairness to my solicitor she is refusing to accept this and demanding they provide. However she did mention if it doesnt improve we'll have to figure out next move, either retract or go about getting our own engineer to look into the declaration

Calahonda52

Graham wrote: »

That's not something that's within the control of the OPs solicitor.

I would hazard a guess it's not something the vendors solicitor can force from the vendors either.

My complete and utter guess would be; there's a reason the vendors can't provide the declaration.

The issue for the OP here is that every email from the vendors side will cost the OP about 20 euro, the way they bill.
Its also in the OPs solicitor's interest that the sale goes through, to get paid

Graham

Calahonda52 wrote: »

The issue for the OP here is that every email from the vendors side will cost the OP about 20 euro, the way they bill.
Its also in the OPs solicitor's interest that the sale goes through, to get paid

Sounds reasonable, most of us have an expectation of getting paid for our work.

That's not really the point I was trying to make which was I can't see how the OPs solicitor can he seen to be at fault for a vendors inability or unwillingness to provide the necessary declaration.

sydthebeat

Graham wrote: »

Sounds reasonable, most of us have an expectation of getting paid for our work.

That's not really the point I was trying to make which was I can't see how the OPs solicitor can he seen to be at fault for a vendors inability or unwillingness to provide the necessary declaration.

i really dont think anyone was trying to say the OPs solicitor is in any way at fault...

while the post from monseiur was crude and generic, i dont think he/she was suggesting the ops solicitor was being shoddy or unprofessional. Its a bit of a mental stretch to suggest that they were.