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Agency/late claim

  • 25-03-2013 10:38pm
    #1
    niarb
    Registered Users Posts: 9 ✭


    Hi All,

    just wandering on behalf of who the estate agent act?
    is it the seller or buyer?

    and another isue...
    is in the common law rule of rejection of claim due to late claim?


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    The seller / vendor.
    Not enough information given to answer the second question.


  • #3
    niarb
    Registered Users Posts: 9 ✭niarb


    thanks NUTLEY BOY

    in the roman based law there is a rule of preclusion, ie. if you wait too long with the lawsuit your claim would be rejected.
    does the same rule exist in common law? if yes, what is the time limit?


  • #4
    kidneyfan
    Banned (with Prison Access) Posts: 1,279 ✭✭✭kidneyfan


    Laches varies by statute. Eleven years in equity if i rember correctly.
    niarb wrote: »
    thanks NUTLEY BOY

    in the roman based law there is a rule of preclusion, ie. if you wait too long with the lawsuit your claim would be rejected.
    does the same rule exist in common law? if yes, what is the time limit?


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    niarb wrote: »
    just wandering on behalf of who the estate agent act?
    is it the seller or buyer?
    Normally the seller.

    Two exceptions straight off:
    1. A buyer might engage an estate agent to find properties for them.
    2. At an auction, an auctioneer (specifically, not just any estate agent), can sign the contract if the highest bidder doesn't.
    is in the common law rule of rejection of claim due to late claim?

    See the Statute of Limitations, 1957 (interestingly it doesn't include "act" in the title), the Statute of Limitations (Amendment) Act, 1991 and Statute of Limitations (Amendment) Act, 2000. Other acts also apply. There are also practical limitations, e.g. the court may be reluctant to hear a case where many of the witnesses can't be found or can't remember the circumstances due to the passage of time.

    http://en.wikipedia.org/wiki/Statute_of_Limitations_in_Ireland


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