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Contract law question

  • 07-10-2013 1:04pm
    #1
    Paulyrhinos40
    Registered Users Posts: 10 ✭


    Hi all,
    Just a quick question, if I entered into a private rent to buy agreement and the house owner said during negotiations that they where paying mortgage but it turns out they where in financial difficulty for some months beforehand and now in arrears on the house. And not paying mortgage before we had agreed contract
    Would that be classed as signing a contract under false pretenses??
    All info welcome.


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Assuming you entered into a contract to buy a property, you have a solicitor, he can with all the information advise you. This is complex enough issue that to get any clear answer the person should be in full knowledge if the facts. Many issues could easily change the answer.


  • #3
    Paulyrhinos40
    Registered Users Posts: 10 ✭Paulyrhinos40


    Hi,
    Yes I entered into the contract to buy, I have a solicitor on the issue but he is closed today and I had just thought of this and wondered did anyone else know.


  • #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Paulyrhinos40 wrote: »
    Hi,
    Yes I entered into the contract to buy, I have a solicitor on the issue but he is closed today and I had just thought of this and wondered did anyone else know.

    To be honest as the issue is so fact specific no one could answer with any degree of certainty. I am assuming as this is an agreement to buy, the lender was on notice and so knew of the intention, and either agreed or did not need to agree. In that case the sellers situation with the bank may or may not have been important.


  • #5
    Paulyrhinos40
    Registered Users Posts: 10 ✭Paulyrhinos40


    As it turns out the lender was not notified and still does not know of the contract to this date, I tried to buy the house as they asked could i get the mortgage sooner and the bank replied basically saying that they would not allow the sale of the property without first securing payment of outstanding monies owed. ( thats all taken care of by solicitor )
    I understand there's a lot more to the issue but thought maybe a simple definition could lean one way or the other.


  • #6
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Paulyrhinos40 wrote: »
    As it turns out the lender was not notified and still does not know of the contract to this date, I tried to buy the house as they asked could i get the mortgage sooner and the bank replied basically saying that they would not allow the sale of the property without first securing payment of outstanding monies owed. ( thats all taken care of by solicitor )
    I understand there's a lot more to the issue but thought maybe a simple definition could lean one way or the other.

    But how could you enter into a contract to buy if the bank did not agree?


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  • #7
    Paulyrhinos40
    Registered Users Posts: 10 ✭Paulyrhinos40


    would you mind if i PM'd you on the issue, can go into more detail off public.


  • #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Paulyrhinos40 wrote: »
    would you mind if i PM'd you on the issue, can go into more detail off public.

    Know very little about conveyancing, so would not be of any help, best bet is wait till solicitor can see you, nothing can be done without him anyway.


  • #9
    Paulyrhinos40
    Registered Users Posts: 10 ✭Paulyrhinos40


    No worries, thanks very much anyway.


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