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would you sue ?

2

Comments

  • Registered Users Posts: 7,447 ✭✭✭Calhoun


    Mad_maxx wrote: »
    i cant see my own solicitor giving me any help with the idea of reporting a colleague to the law society , bar the doctor fraternity , no bigger clique exists out there

    this seems to suggest you need to be a client of an offending solicitor to make a report ?

    https://www.lawsociety.ie/Public/Complaints-against-solicitors/

    From the look of it yes but it would be worth having a word with your solicitor to see what they think.


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    Calhoun wrote: »
    From the look of it yes but it would be worth having a word with your solicitor to see what they think.

    il ask them if only a client can make a complaint , i cant see my solicitor approving of doing such a thing , not that that would stop me

    solicitors are a terrible clique


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    Mad_maxx wrote: »
    i cant see my own solicitor giving me any help with the idea of reporting a colleague to the law society , bar the doctor fraternity , no bigger clique exists out there

    this seems to suggest you need to be a client of an offending solicitor to make a report ?

    https://www.lawsociety.ie/Public/Complaints-against-solicitors/

    your first port of call is not a complaint though you can do that if you wish. I made a suggestion as to how you might proceed. Give that a go first.

    https://www.lsra.ie/for-consumers/making-a-complaint/
    Any person may make a complaint about alleged misconduct on the part of a legal practitioner


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    your first port of call is not a complaint though you can do that if you wish. I made a suggestion as to how you might proceed. Give that a go first.

    https://www.lsra.ie/for-consumers/making-a-complaint/

    There are no grounds to make a complaint about the other solicitor yet. The o/p needs to sue for specific performance and if a defence of lack of capacity is raised, then there will be grounds.


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    If they pulled because they were not competent to enter into a contract in the first place that is a mistake by their solicitor. Solicitors have malpractice insurance. I would be asking my solicitor if that is an angle worth pursuing.
    your first port of call is not a complaint though you can do that if you wish. I made a suggestion as to how you might proceed. Give that a go first.

    https://www.lsra.ie/for-consumers/making-a-complaint/
    There are no grounds to make a complaint about the other solicitor yet. The o/p needs to sue for specific performance and if a defence of lack of capacity is raised, then there will be grounds.


    is that not what i said?


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  • Registered Users Posts: 3,456 ✭✭✭vandriver


    How are you making the poor disabled man homeless if he'll have €161k in his pocket?


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    vandriver wrote: »
    How are you making the poor disabled man homeless if he'll have €161k in his pocket?

    Is this the house with the "funny auctioneer"?


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    Is this the house with the "funny auctioneer"?

    You've a particularly caustic sense of humour Claw Hammer, " funny auctioneer "

    No ,that was a different part of the country, was helping my mother buy a house ,I'm pleased to say she bought in the end ,auctioneer was both funny and charming, not to mention gorgeous for a fifty something

    Didn't appreciate at the time how strong the market was last autumn, beautiful house and worth every cent


  • Registered Users Posts: 2,098 ✭✭✭Tails142


    I would be going after him for your costs anyway, I'm guessing your solicitor isn't doing this for free.

    If you think he's not gazumping you and it's genuinely some aul brain damaged lad being flighty and he couldn't find an apartment to move into then I think ethically you should just try cover your costs and move on.

    I think it would be a bit hard nosed to force the matter through.


  • Registered Users Posts: 2,504 ✭✭✭tscul32


    If he was proved to be of diminished capacity or whatever, could a judge be able to restrict future sales, even for a year, just in case the plan was just to sell for a higher price.


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  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    Mad_maxx wrote: »
    ,I'm pleased to say she bought in the end ,auctioneer was both funny and charming, not to mention gorgeous for a fifty something

    Yes, but has she any money?


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    tscul32 wrote: »
    If he was proved to be of finished capacity or whatever, could a judge be able to restrict future sales, even for a year, just in case the plan was just to sell for a higher price.

    Finished capacity?


  • Moderators, Regional Midwest Moderators Posts: 11,033 Mod ✭✭✭✭MarkR


    Finished capacity?

    Diminished capacity I'd say.


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    Tails142 wrote: »
    I would be going after him for your costs anyway, I'm guessing your solicitor isn't doing this for free.

    If you think he's not gazumping you and it's genuinely some aul brain damaged lad being flighty and he couldn't find an apartment to move into then I think ethically you should just try cover your costs and move on.

    I think it would be a bit hard nosed to force the matter through.

    I'd be content with circa 10 K ,2 k to cover solicitor


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    Mad_maxx wrote: »
    I'd be content with circa 10 K ,2 k to cover solicitor

    Who do you expect to give you that?


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    Who do you expect to give you that?

    If the vendor was given a choice of compensation of that amount or a forced sale via the courts


  • Registered Users Posts: 4,538 ✭✭✭Treppen


    tscul32 wrote: »
    If he was proved to be of diminished capacity or whatever, could a judge be able to restrict future sales, even for a year, just in case the plan was just to sell for a higher price.

    I think the diminished capacity, compos mentis thing is all just a merry ruse.

    Seller's solicitor is hanging his hat on some vague tripe about "his solicitor incredibly coy and referring to how his client did not understand the terms ,".

    That's nothing to do with you OP.
    Your being dicked around by the seller or the solicitor, that is for certain.
    Either way , you're being dicked around.


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    Treppen wrote: »
    I think the diminished capacity, compos mentis thing is all just a merry ruse.

    Seller's solicitor is hanging his hat on some vague tripe about "his solicitor incredibly coy and referring to how his client did not understand the terms ,".

    That's nothing to do with you OP.
    Your being dicked around by the seller or the solicitor, that is for certain.
    Either way , you're being dicked around.

    clearly but i dont want to spend two years going to court ( plus fees ) and not only meet a judge who decides the vendor can keep the house but also as he is on disability , doesnt have to pay my legal fees

    Id sue for sure if i thought it was a dead cert of going my way , obviously no one can say with absolute certainty how a court case might go


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    Mad_maxx wrote: »
    If the vendor was given a choice of compensation of that amount or a forced sale via the courts

    How is that going to happen?


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    How is that going to happen?

    well for instance , my solicitor ( last time i spoke to her ) told me she was going to phone the vendors solicitor to see what they might bring to the table if they were planning on ignoring the completion notice .

    according to her , you would not put it in writing that you were willing to accept 10k compensation but might suggest it off the record


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  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    Mad_maxx wrote: »
    well for instance , my solicitor ( last time i spoke to her ) told me she was going to phone the vendors solicitor to see what they might bring to the table if they were planning on ignoring the completion notice .

    according to her , you would not put it in writing that you were willing to accept 10k compensation but might suggest it off the record

    How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?

    It is the responsibility of the solicitor to ensure that their client has capacity and understands the contract they are signing. If they are now saying that their client does not understand the contract they signed that is a failing on the part of the solicitor. A failing that their malpractice insurance may remedy.


  • Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    How do you expect that a solicitor who claims his client was not able to understand the implications of signing a contract is going to be able to extract 12k from the same client?

    my solicitor made the comment within the context of them bringing something to the table , perhaps they will refuse to engage at all and hope it all goes away ?

    if they persist in doing this , I will see them in court

    bottom line , i have not fully decided what to do yet , its a pity the vendor is unable to see that a small ( perhaps credit union ) loan would probably get them to where they need to be re_ downsizing to an apartment in a more desirable location , that would be money better spent than having to compensate me to the tune of 10 k

    were i to go to court , got the house but not my legal costs , it would still be probably worth it as houses of this stature are up a good 10 k since i went sale agreed last November

    due a call from my solicitor today but right now im very much leaning towards suing for possession - a forced sale


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    It is the responsibility of the solicitor to ensure that their client has capacity and understands the contract they are signing. If they are now saying that their client does not understand the contract they signed that is a failing on the part of the solicitor. A failing that their malpractice insurance may remedy.


    Are you saying that a solicitor will go to their insurance company and tell the company they have made this mistake and that the insurance company will pay up?


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    Are you saying that a solicitor will go to their insurance company and tell the company they have made this mistake and that the insurance company will pay up?

    I'm sure they wouldn't do this voluntarily and nor did I suggest such a thing.


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    I'm sure they wouldn't do this voluntarily and nor did I suggest such a thing.

    Well what do you think is going to happen?


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    Well what do you think is going to happen?

    i was suggesting that the OP may be in a position to claim from the other sides malpractice insurance.


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    i was suggesting that the OP may be in a position to claim from the other sides malpractice insurance.

    He is in no position to do so.


  • Registered Users Posts: 40,059 ✭✭✭✭ohnonotgmail


    He is in no position to do so.

    surely that would rest on the totality of the facts, facts we are not privy to.


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  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    surely that would rest on the totality of the facts, facts we are not privy to.

    We know enough. The only person who can claim on what you call "the other sides malpractice insurance" is the vendors solicitor himself.
    Whether there is even an arguable case against him is yet to be established. The o/p will have to grow a pair, sue for specific performance and if the defence of lack of capacity is raised, and succeeds, commission an expert report showing that the vendors solicitor was negligent. The o/p will then have to sue the solicitor, who may or may not call on his insurance. The insurance company will not accept a claim from the o/p and may could refuse an indemnity at all depending on the facts.


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