Bid On House At House Auction, Now Been Threatened To Stay Away

christy2006

Hi All

I bid on a repossessed house at auction and was told by the auctioneer there was no issues with the property

I had visited the property a couple of times without any problems and the auctioneer was offering viewings

After the auction had ended I got a local man to call in to estimate the work needed, when he was leaving the property he was confronted and told anyone that gets involved with this house with face the consequences

In my horror hearing this I have done some research and have found out that there is a family dispute over the house and land, the Garda are involved and land officials

The entrance to the property has been blocked and I have been told I will not be getting a right of way

I have also been told that the property was built with no intentions of being paid for

The house was auctioned as a holiday home or possible buy to let

I really dont know what to do and feel that this is not the first time this has happened as the house was repossessed in 2006

I have paid the auction deposit but have gone no further, is there anyway to back of of this as its dangerous to go near the property with my Children

Dav010

What did your solicitor say when checking the auction pack prior to you bidding? Receivers are exempted from some obligations which sellers are required to undertake.

I doubt whoever blocked the entrance can deny you a right of way where one already exists. You should check the planning files at local council office.

StevenToast

Run a mile

mickdw

There is a similar situation in my local town but to be fair to the family, it was a sad situation where owner died and whoever inherited house managed to have it repossessed.

Family are now locking gates even though there is a legal right to enter in place.

Not worth the hassle overall.

The unfortunate thing is the family will end up driving away decent buyers and end up getting some rough type who won't care about them and will likely threaten them instead buying up the property for a song.

Mrs OBumble

Sell it to the council for social housing.

eddhorse

How much was the auction fee?

Also recommend "run a mile"

TaurenDruid

Go down to the auctioneer's office today and demand the return of your deposit. If you proceed, yes, you'll have a right of way to your house, obviously, but it's clearly not worth having that hassle or stress in your life.

Dav010

https://www.boards.ie/discussion/comment/117713841#Comment_117713841

This unfortunately is the difference between an auction sale and standard sale, the obligation is on the bidder at auction to check for issues before buying, once the hammer falls, the property is yours warts and all.

There may not be any legal issue with the sale, more an emotional one, which would not be noted in the pack. Also, the auctioneers often know little about a property sold at auction by Receivers beyond what is contained in the pack.

christy2006

Hi

So far I have paid the Auction bid fee + the deposit which is 15k euro

I don't want to back out if I can help it but I have been told that there's likely to be big trouble if I proceed

I cant put my family at this risk as Its more than the family that's involved

Its turned from a dream to a nightmare

Everything looks good on paper but that dosnt warn of a family dispute, the house is built on the family's land and they are claiming the land was given to a family member to build a house and should not have been sold

My solicitor is not back until next week and I am stressing big time

Dav010

https://www.boards.ie/discussion/comment/117716269#Comment_117716269

If the person who built it required a mortgage, they would have had to prove to the lender that they owned the site on which the house was to be built, the person who gave the site away doesn't get to say later that the title wasn't transferable.

I know this is not what you want to hear, but this is why it is vital to get a solicitor to do a pre-auction report on the property you are interested in.

christy2006

I appreciate everything you say and I need to hear the truth

As the only access point is through the family land it looks like I will be completely land locked, I'm thinking this was the intentions when the mortgage was taken out , dont pay back it leave useless to anyone that should buy it.

The auctioneer provided internal and external pictures of the house which they would of had to do when trespassing and also advertised as holiday home or family home

Is the auctioneer completely in there right to falsely advertise?

Dempo1

https://www.boards.ie/discussion/2058202539/bid-on-house-at-house-auction-now-been-threatened-to-stay-away

Truly shocking and sorry for your situation. Its a very complex situation and I would have thought the Auctioneer would have been obligated to inform you of any concerns, of course proving they were aware of any issues is another matter.

The fact this house was repossed in 2006 is of serious concern, how was this confirmed?

I live quite rural and know of 3 properties within 5 miles of were ilive, all sadly repossesd all surrounded by extended families. These properties will never, ever, ever be sold, not even the local authority will touch them due to intrenched local bitterness about what occurred. I form no opinion other than sympathy for anyone who loses their home.

Honestly, my only advise is to get your solicitor to correspond with the auctioneer detailing what has happened and that you have no option but to pull out. If the auctioneer is decent and perhaps sensible they'll refund something but there is no gaurentee.

I wish you well but you need to walk away if you've any doubts.

Dav010

https://www.boards.ie/discussion/comment/117717596#Comment_117717596

If sold at auction, Receivers are exempted from providing some information that a standard sale would require, the auction house, like BidX1 are only facilitating the auction. It is up to the buyer and their solicitor to check the title/access/planning etc before bidding. Again, auctions are not for the uninitiated as your rights to back out of the purchase are not the same as a standard sale. The contract is formed once the hammer falls.

This is a good synopsis of the difference between an auction and private treaty sale.

https://www.ebs.ie/blog/2014/12/beginners-guide-to-buying-at-auction

Dempo1

https://www.boards.ie/discussion/comment/117717777#Comment_117717777

I got a sense from OP it was an auctioneering firm as opposed to the likes of BidX1, but yes I see your point, especially online auctions. Always wondered about BidX1, it seems they only deal in repossessed properties or certainly the majority of their portfolio is 🤔

Tell me how

You didn't dump a dead donkey in a lake a few weeks back by any chance OP?

I'm joking of course, but your story immediately brought to mind the Bull McCabe and his story.

Hope this plays out satisfactorily for you. I too would feel very uncomfortable with proceeding.

Dav010

https://www.boards.ie/discussion/comment/117717864#Comment_117717864

Most properties sold at auction are Receiver sales or properties with problems.

Mad_maxx

https://www.boards.ie/discussion/2058202539/bid-on-house-at-house-auction-now-been-threatened-to-stay-away

I bought an apartment at auction a few years ago ,two men came to my house late in the evening, I was also plagued with phone calls

This was before closing, someone working either for the auction house or the receiver leaked my personal details ( either accidentally or willingly? ) which allowed those goons to come to my home

I got my deposit back and without much of a fight, the receivers solicitor admitted she was familiar with the person who came to my home ( one assumes they were working for person who lost the property ),there was also the GDPR breach which is career suicide for any business

Gadgetman496

I'm sure by now the OP has sought legal advice?

Any update OP?