seller's solicitors trying to pull something dodgy

Branoic

Hey,

I'm sale agreed with a booking fee paid and mortgage approval granted for a two bed apartment. All thats left is pretty much signing the contracts and closing the deal.

The apartments are built in an old renovated convent. There's 15 in total, and they're only about three years old. The maintenance situation is a little strange however. Apparantly, three years ago when they were first built there was a maintenance company, which charged the owners (including the seller of my apartment) about 930 euro for upkeep, and membership of the management board or whatever. But, the maintenance company, which was appointed by the developers, was a bit of a joke - the common areas were not upkept and it was left up to the residents to organise cleaning of the halls, courtyard etc between themselves on an informal basis. The maintenance fee of 930 has not been looked for since that first payment.

Now the seller's solicitors have put as a special condition in our contract that in addition to the price of the apartment, we also have to pay the seller the 930 fee!!! Where do they get off with that idea? Why on earth would we do that and how could they possibly expect that its okay or in any way legal for them to set that as a condition?

1) The seller paid the 930 to the maintenance company three years ago and hasn't been asked for any sort of annual payment since.
2) This is because there is effectively no maintenance being done.
3) The seller's solicitors, in letters to our solicitors (who are naturally objecting), have stated all this themselves, but they still for some reason want us to pay?!?

I don't mind doing a bit of upkeep and maintenance with the other residents. And I wouldn't mind if a management company asked me for an annual fee, as long as they actually did the management. But why the HELL would I pay the seller back a fee that he got stung with three years ago!?

Also, the solicitors for the seller stipulated in their same letter demanding this money that the closing date for the sale was to be this monday, nov 28th - by which time they want us to have signed the contract and handed over the remainder of the deposit. But this issue is still not resolved. I have a feeling they set the closing date really early so that we actually wouldn't have the issue sorted and we'd be penalised some sort of interest for not closing in time. B*stards.

MorningStar

Walk away!
Maintenace covers insurance for the building if all residents have not paid the fee the building isn't insured! If there were a fire you would lose everything. I really really doubt the maitenace company has not looked for the money. That either means it has gone bust and/or has not been paying bills so the electricity in the halls would be cut off and bins stop being collected.
Many people don't understand the maintenace company have to be paid or sales can't go through. It sounds like the sellers just realised and now want you to pay. THe solicitor isn't the dodgy one her it is the sellers who probably felt the maintenace fee was too much. You hear people saying they won't pay their fees as they think the company will do their job to get paid. The truth is that is the same as not paying insurance company and bin charges along with the the maintence company for work they have done. THe only people who suffer are those who live there.

lomb

see if u can buy a freehold for similar money, sometimes u can if u compromise on it being a little run down etc. communal living in leaseholds in the suburbs is bad news fullstop. u will be taking a lot of $hit in the years to come regarding maintainance fees, noise, dodgy neigbours, place falling apart, rats, mice, vermin.... the list will go on and on. if u are an investor it doesnt make a lot of difference if the sums add up but if that will be ur home ul never have peace. and u cant put a price on that. welcome to the world of apartments....ps 930 isnt alot to close the sale, yes they are robbing u but if u want it it doesnt matter thats the price of buying property u have to bend over some times...

muffler

I'm not being flippant but surely this matter should be dealt with by your solicitor

JimmySmith

Tell your solicitor to knock €930 off your offer if they keep it up.
Under no circumstances pay this charge. This would be enough for me to walk away from this sale. I suggest you do the same if they keep it up.

rooferPete

Hi Branoic,

At a guess I would say this €930.00 jumped out and bit the vendors just when they thought they were free and clear, one of the rules in conveyancing is the property must be transferred to the purchaser free of all encumbrances, in short no outstanding debts.

The Solicitors can't sign off the title being exchanged with this debt on the property, there is the chance that the management company could get a lien on the property if the bill isn't paid.

The debt relates to the property not the past, present or future owner so IMO the vendor should clear the debt and close the sale.

.