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Outstanding management company changes from previous owner

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  • 06-10-2008 8:29pm
    #1
    Closed Accounts Posts: 16


    I purchased an apartment in May2005 and since then have learned that the management service charges are outstanding for that year.
    I contacted my solictor about this and he told me that I am not liable for these as I did not own the apartment at that time.
    I also contancted the management company on several occasions. They initially told me that I only owed them for my portion of that year. They said that they have tried contacting the previous owners solicitor but that the solicitor stated that they are no longer working on the vendors behalf. However despite all this - then management company have continued to bill me for the entire amount.
    Today - I received a letter from the solicitor acting on behalf of the management company stating that I must pay the entire amount within a week or court proceedings will follow. Am I legally obliged to pay the full amount - or just my portion of 2005?


Comments

  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    As far as I know- the property is owned by the Management Company- you purchased a lease from the previous owner. Any management company obligations associated with the property, are transferred with the sale of the lease to the new purchaser- unless the Management Company issues a certificate to your solicitor during the purchase stating that all outstanding obligations have been satisfied. If your solicitor did not seek a statement from the management company- he/she was negligent, and I would pursue them directly, or purloin the outstanding charges from the fees due to them until such time as it was satisfied. If you have discharged your solicitor- you would have no fall back (short of taking an action against the previous owner- which would be a civil proceeding and probably not worth the hassle, regardless of the fees outstanding........

    Perhaps some other kind folk may give you other advice?


  • Registered Users Posts: 16,651 ✭✭✭✭astrofool


    smcarrick has just about covered it there. All mgmt company bills should have been investigated prior to purchase.

    Have you talked to the mgmt company directly, explaining the situation? It's in no ones interest to have the mgmt company short on funds.


  • Closed Accounts Posts: 1,444 ✭✭✭Cantab.


    How the fock did your solicitor not find out about this?

    Sounds like you hired a complete amateur.

    This is precisely why you pay them so much money to do your conveyencing.

    Report solicitors to the Law Society and seek compensation.

    You should make it known that you're very angry over this.


  • Banned (with Prison Access) Posts: 509 ✭✭✭bertie1


    You are liable. Your solicitor should have got receipts from the people that sold the property. As they didn't all cost outstanding or otherwise are your problem


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