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Solicitor didn't take up Deeds for 2 months - new solicitor but won't return deeds

  • 23-10-2023 7:35pm
    #1
    Registered Users, Registered Users 2 Posts: 737 ✭✭✭


    I am in the middle of selling a house. In August, I asked my solicitor yo take up the Deeds. I sennt the signed authority by registered post and by email on 25th August. 6th October he says he hasn't got the Deeds and I never sent him the authority. I forwarded him again the email with copy signed authority and gave him the An Post tracking number for the original signed authority which indicated that it was delivered and signed for at his office. I threatened to change solicitors and he sent me an ATR Form to sign and send into BOI myself. I later understood from a new solicitor that I approached that legally this was not something I should have done or bern asked to do. I emailed my old solicitor on 18th Oct to say I was changing solicitors that they were not to take up the Deeds and not to pay Boi the release fee for the Deeds. I said I had lost the purchase of another house due to his delay and the buyer of my own house was now threatening to pull out. I rang BOI twice on the 19th to say not to send the Deeds out to my old solicitor despite now having the ATR Form. They told me the Deeds were still with them, that they would put a stop on sending them out and that their manager would call me back that day about it, but of course they never did. I phoned BOI Deeds again today. They said they weren't sure where the Deeds were but would get a manager to ring me back but they didn't. Around 5 this evening I picked up a message from them stating that they had sent the Deeds to my old solicitor on the 20th, that he had paid the release fee that morning, despite me asking them not to and also asking my old solicitor not to pay the release fee, telling him that due to his delay and the issues it caused and his lack of response to any emails re the contract that I was changing solicitors and was also going to make a complaint to the LSRA. My new solicitor has now sent in my signed authority for the Deeds but they have been sent to the old solicitor. I doubt he will be too quick to give them back. Any advice on this would be much appreciated.



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