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MUD Act info delayed- buyer threatening to pull out

  • 16-06-2026 06:21PM
    #1
    Registered Users, Registered Users 2 Posts: 752 ✭✭✭


    My solicitor has contacted the managing agent twice re MUD Act replies. I have emailed twice asking for invoice so I can pay for the MUD pack. There are no management fees outstanding. Buyer is getting very impatient. What can I do?



Comments

  • Registered Users, Registered Users 2 Posts: 7,102 ✭✭✭Claw Hammer


    Threaten to sue the Managment Company and report the agent to the PSRA.



  • Registered Users, Registered Users 2 Posts: 195 ✭✭GalwayBmw


    It's equivalent to suing yourself. There's nothing you can do. Management companies are designed to extract as much money from you as possible while providing as little as they can in return. That's the essence of their business model.

    If anyone has successfully sued an MA/OMC while being a member of OMC, please contact me privately. I might have an absolute behemoth of a case.

    99.9% of conversations end with: "You're a member of it, so raise it during the AGM," which is a pile of pathetic ****.



  • Registered Users, Registered Users 2 Posts: 195 ✭✭GalwayBmw


    To answer your question: if you're asking it here, there is probably very little you can do, especially if they are ignoring both you and your solicitor.

    It's summertime, and many people may be on annual leave. You could try visiting their office in person. Beyond that, there is unfortunately little that can be done from a legal perspective.

    I hope they do not have a valid reason for withholding it, such as missing a CRO filing deadline or a similar issue.

    One piece of practical advice: don't rush into damaging your relationship with them. The MUD process usually involves several rounds of correspondence between the buyer's solicitor and your management agent, so it is generally better to keep things as amicable as possible until the transaction is complete.



  • Registered Users, Registered Users 2 Posts: 1,925 ✭✭✭thebiglad


    If you're in a mature development then the control and appointment of the MA would have passed to residents and you will have residents who are directors of the MA with a property company managing the day to day (in this scenario it will be they who issue what you are looking for).

    This being the case find out who the directors are, call to them and explain your situation, they will likely have better access to the property company and may be able to get it sorted or at least find out why there is an issue.

    The residents all pay an annual fee which includes the property company fees, they are not charity and will have an SLA at least for responses to resident queries.



  • Registered Users, Registered Users 2 Posts: 19,162 ✭✭✭✭Del2005


    They only extract as much money from you as possible if you don't bother to attend the AGMs. You get to vote for the management fees so if they are too high vote them down and then you can volunteer to be an unpaid director of your MUD and save yourself a fortune on management fees.



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  • Registered Users, Registered Users 2 Posts: 7,102 ✭✭✭Claw Hammer


    It is not equivalent to suing yourself. A company is a separate legal personality from its members or shareholders.
    I know someone who successfully sued the company he was a member of and the agent for defamation and collected substantial damages and costs.



  • Registered Users, Registered Users 2 Posts: 195 ✭✭GalwayBmw




  • Registered Users, Registered Users 2 Posts: 1,925 ✭✭✭thebiglad


    Which will then be paid by the residents either to reimburse the amount awarded or, if it was insured then in higher insurance premiums.



  • Registered Users, Registered Users 2 Posts: 1,925 ✭✭✭thebiglad


    To be successful you'd need to prove there was a financial loss, to get proceeding started, let alone into court will take months if not years, in that time the 1st sale could fall through, you advertise again and get the property gone at the same or higher price with no additional loss.

    Why is litigation always the go to, just get onto the Directors or doorstep the MA if necessary and deal with the problem you have today, it will be much quicker and achieves what you want - then put it behind you and get on with life.



  • Registered Users, Registered Users 2 Posts: 1,925 ✭✭✭thebiglad


    Whether or not you attend the AGM you should receive a budget which sets out the expected costs to run the estate, this is then divided amongst the properties proportionally.

    You can attend the AGM and challenge elements of the budget if you wish.

    Directors who will sign off the budget will also be owners of properties so, if they agreed to excessive costs then they are putting them on themselves too.

    If you are that convinced become a director and involve yourself in the day to day and see if you can make savings on the running of the estate whilst maintaining it for the other residents.



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  • Registered Users, Registered Users 2 Posts: 195 ✭✭GalwayBmw


    Directors often treat it as an additional source of income — the money pot is there to be spent (no offence by how old are you btw if you don't mind me asking?). It is almost impossible to prove whether costs are fair or reasonable. They purchased services at whatever price they could justify, never mind the labour costs.

    Every purchase contains some margin that is ultimately absorbed by the directors and the management agent. Technically, it is very difficult to prove otherwise. For example, if one contractor charges €1,000 to wash a single window while another charges €100, the €1,000 fee can be justified by claiming it delivers a higher-quality result.

    The system is structured in such a way that it rarely works to the advantage of ordinary people.



  • Registered Users, Registered Users 2 Posts: 1,925 ✭✭✭thebiglad


    You can become a director of your management company , why not do that and see just what actually goes on (or if you think there is fraud, put a stop to it from the inside) - I am a director in my estate and I can assure you I don't get a penny. Our appointed MA is closely monitored and, we pay them a fee for that - if we did not have them it would be a major task to keep on top of everything required in a modern housing estate.

    I don't see what age has got to do with anything, directors should preferably have a variety of vocational experience and age to cover all aspects of the residents in our estate.



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