Sale agreed Not sold???

tonyheaney

Could someone please tell me what this means?



if it is sale agreed how is a property not sold???

Sarn

It means a price was agreed but contracts haven't been signed. Sale agreeds can fall through due to a number of reasons e.g. buyer unable to sell their home or obtain finance.

tonyheaney

Sarn wrote: »

It means a price was agreed but contracts haven't been signed. Sale agreed can fall through due to a number of reasons e.g. buyer unable to sell their home or obtain finance.

the house was Sale agreed in early march. How long and if there no complacations would it take to sell officially?

I have personal photos in the house and i would like them back.

who should i contact?

hairyslug

Mine took 5 months to go from sale agreed to sold, normally if it's not a straight forward sale and of a bank is involved (repossession/receivers) it can take very long.

Best bet would be to get on to the estate agents, they will contact the seller to confirm that you can remove your contents (presuming you are unable to contact the seller yourself)

Ursus Horribilis

Why are there personal photos in the house? I'm going to assume you're trying to buy it. If so, it seems weird to me that you were allowed to leave anything in the house at this early stage. Until contracts are signed, any sale can fall through for any number of reasons. Have you not been talking to the estate agent or your solicitor in the meantime?

tonyheaney

hairyslug wrote: »

Mine took 5 months to go from sale agreed to sold, normally if it's not a straight forward sale and of a bank is involved (repossession/receivers) it can take very long.

Best bet would be to get on to the estate agents, they will contact the seller to confirm that you can remove your contents (presuming you are unable to contact the seller yourself)

the seller is my sister (i assume) from our late aunt (my god mother) apparently it was requested she and the aunts brother deal with the estate.

would i be allowed to see that message?

also sister and i dont talk

tonyheaney

Odus fell down wrote: »

Why are there personal photos in the house? I'm going to assume you're trying to buy it. If so, it seems weird to me that you were allowed to leave anything in the house at this early stage. Until contracts are signed, any sale can fall through for any number of reasons. Have you not been talking to the estate agent or your solicitor in the meantime?

The photos are of my children given to my aunt over the years. Now tat my aunt has passed i want them back.

I'm told (and I don't trust anything she says 100%) that she is dealing with the house, that no photos were ever seen (But I know they were blue tacked to the wall and were never taken down) and that the contents of the house are still in the house.

The sale was agreed in march 16th she didn't know i knew that, she didn't even tell me that the other person requested to tie up the affairs died last month, hence why i dont trust her 100%

ShowMeTheCash

If you are not named on the will then you have no legal right to see anything nor do you need to be consulted.
You could always ask your sister but she is under no obligation to show you so if you don't talk then I dunno what you can do.

Also if you gave the photos to your aunt then they are not your property you really have no right to them.
By the sounds of it your sister and your uncle are the executors of the (will/estate) so there is nothing you can do bar ask could have them...

Can you talk to the uncle if you do not talk to your sister?

tonyheaney

ShowMeTheCash wrote: »

If you are not named in the will then you have no legal right to see anything nor do you need to be consulted.
You could always ask your sister but she is under no obligation to show you so if you don't talk then I dunno what you can do.

Also, if you gave the photos to your aunt then they are not your property you really have no right to them.
By the sounds of it your sister and your uncle are the executors of the (will/estate) so there is nothing you can do bar ask could have them...

Can you talk to the uncle if you do not talk to your sister?

She asked for my PPS number last year saying I was named in the will.

As for the photos the law, in fact states that all photos always remain with those who took the photo and not the person for which they are given too. I deal with photography so this I know. Also, If I hired you to take the photo and I paid you to do so and I didn't even pick up said camera the rights of the photo you took would be mine by law. So the pics are mine.

As for my "sister", She didn't bother to tell me that my uncle died last month and had to find out through 4th party people. That's what i am dealing with sadly

ShowMeTheCash

tonyheaney wrote: »

She asked for my PPS number last year saying I was named in the will.

As for the photos the law, in fact states that all photos always remain with those who took the photo and not the person for which they are given too. I deal with photography so this I know. Also, If I hired you to take the photo and I paid you to do so and I didn't even pick up said camera the rights of the photo you took would be mine by law. So the pics are mine.

As for my "sister", She didn't bother to tell me that my uncle died last month and had to find out through 4th party people. That's what i am dealing with sadly

You are wrong with regards the photos, you are talking about digital rights and have it all mixed up.

The physical photos you gave your aunt are not yours you gifted them simple as that, go talk to a solicitor they will tell you the same.

If you where named on the will did you receive anything? Did anyone get in contact with you regards the reading of the will? Usually this would have been done by your aunts solicitor.

ShowMeTheCash

tonyheaney wrote: »

She asked for my PPS number last year saying I was named in the will.

As for the photos the law, in fact states that all photos always remain with those who took the photo and not the person for which they are given too. I deal with photography so this I know. Also, If I hired you to take the photo and I paid you to do so and I didn't even pick up said camera the rights of the photo you took would be mine by law. So the pics are mine.

As for my "sister", She didn't bother to tell me that my uncle died last month and had to find out through 4th party people. That's what i am dealing with sadly

You are also wrong with regards the scenario you give.

Ownership of Photographs?
If A takes a photograph of B, who owns the copyright in that photograph? As a general rule, the photographer owns the copyright. This is true even if B has commissioned and paid for the photograph – as in the case of wedding photographs. If B wishes to enjoy the copyright, he must agree with A that the copyright will be transferred to him. B should make sure that the agreement and any transfer are in writing – or they may be ineffective under Irish law to transfer the copyright.


So unless we had some contract that we both agreed to and sign the photos would not be yours they would be mine..


My cousins if a photographer and I know for a fact he owns the copyright to all his photos.


But again this is purely to do with copyright if he gives me a print he can at no point legally demand it back.

ShowMeTheCash

So I am assuming you have no copies of these photos you gave to your aunt?

Do you have any other brothers or sister? Mum or Dad still living?
If you and your sister do not talk what you seem to be suggesting is she is keeping these photos out of spite.

Maybe talk to other siblings, mum or dad and have them ask her for the photos maybe they can talk some sense into her.

However if you do have copies of these photos then why do you want them back?

Also if they are that important why did you not ask for them back before your aunt died?

Seems like there is some tit or tat going on between you and your sister. Is it really that important to you?

pablo128

ShowMeTheCash wrote: »

Also if they are that important why did you not ask for them back before your aunt died?

Seems like there is some tit or tat going on between you and your sister. Is it really that important to you?

The house is being sold with its contents. Is it too much to consider that the chap wants sentimental photos of his children back before a new owner chucks them in a bin?

Previously he could have seen them whenever he visited his aunt so there was no need to ask for them back at that time.

ShowMeTheCash

pablo128 wrote: »

The house is being sold with its contents. Is it too much to consider that the chap wants sentimental photos of his children back before a new owner chucks them in a bin?

Previously he could have seen them whenever he visited his aunt so there was no need to ask for them back at that time.

It's not but the sister says they are not there so there really is not a whole lot he can do!
And I did suggest he talk to other family.

I just find his stance on it weird he thinks he legally has a right to them when he doesn't.

It is also why I asked does he have a copy, if he has a copy what difference does it make...

tonyheaney

ShowMeTheCash wrote: »

You are also wrong with regards the scenario you give.

Ownership of Photographs?
If A takes a photograph of B, who owns the copyright in that photograph? As a general rule, the photographer owns the copyright. This is true even if B has commissioned and paid for the photograph – as in the case of wedding photographs. If B wishes to enjoy the copyright, he must agree with A that the copyright will be transferred to him. B should make sure that the agreement and any transfer are in writing – or they may be ineffective under Irish law to transfer the copyright.


So unless we had some contract that we both agreed to and sign the photos would not be yours they would be mine..


My cousins if a photographer and I know for a fact he owns the copyright to all his photos.


But again this is purely to do with copyright if he gives me a print he can at no point legally demand it back.

If A takes a photograph of B, who owns the copyright in that photograph? As a general rule, the photographer owns the copyright.

I (A) took the photo of (B) my kids and gave them to (C) my aunt so I own the photographs. Your argument is invalid please re-read what you typed.

tonyheaney

ShowMeTheCash wrote: »

So I am assuming you have no copies of these photos you gave to your aunt?

Do you have any other brothers or sister? Mum or Dad still living?
If you and your sister do not talk what you seem to be suggesting is she is keeping these photos out of spite.

Maybe talk to other siblings, mum or dad and have them ask her for the photos maybe they can talk some sense into her.

However if you do have copies of these photos then why do you want them back?

Also if they are that important why did you not ask for them back before your aunt died?

Seems like there is some tit or tat going on between you and your sister. Is it really that important to you?

Dude she hasn't even told me she had a child 3 years ago and I've seen her 2 times since (aunts funeral)

Asked her tonight to give me the number to the property agent and she refused. She was shocked that i actually found out that the house wasn't yet sold.

Original photos were destroyed back in 2010. Never got the chance to retrieve the copies and as it's been a year since Aunt died and my "sister" has apparently been dealing with the house. I requested them back from her she said she didn't know where they were. I hope she hasn't binned them. I asked who the solicitor was no answer either so don't know where to go as she seems to be the only one dealing with it and doesn't talk to the family.


I did ask. but as a rule of thumb they are given back. why do i assume this? Because my last three aunts (mother's side) died and photos were returned to original owners.


Yes photos are important as the originals were lost. if there was tit for tat that would suggest we chat but she hasn't spoken to me in a very long time.

tonyheaney

ShowMeTheCash wrote: »

You are wrong with regards the photos, you are talking about digital rights and have it all mixed up.

The physical photos you gave your aunt are not yours you gifted them simple as that, go talk to a solicitor they will tell you the same.

If you where named on the will did you receive anything? Did anyone get in contact with you regards the reading of the will? Usually this would have been done by your aunts solicitor.

I was contacted through my younger sister last year asking for my pps for the will which i gave. Since then i have heard nothing. I would feel bad asking about the will as i dont wish to be seen as a money grabber. who would i contact besides her to enquire??

Ursus Horribilis

As an aside, I hope you're not using your real name on boards. You're washing an awful lot of dirty linen in public here.

MouseTail

There may not be a solicitor involved, the executor does not need to use one. Technically, if the photos exist, your sister cannot give them to you as they belong to the estate and will belong to the person she left the contents of the house to.
Could your younger sister mediate between you to come up with a solution?

Marcusm

tonyheaney wrote: »

I (A) took the photo of (B) my kids and gave them to (C) my aunt so I own the photographs. Your argument is invalid please re-read what you typed.

I think you misunderstand a subtle distinction; you took the photos and thus you own the rights to and can stop anyone exploiting the images for commercial purposes. Once you printed them out and gave them to your aunt without reservation, she owned the physical pieces of paper on which they are printed. She doesn't/didn't have the right to make copies or exploit them for commercial purposes but her estate owns the physical pieces of paper.

ShowMeTheCash

tonyheaney wrote: »

I (A) took the photo of (B) my kids and gave them to (C) my aunt so I own the photographs. Your argument is invalid please re-read what you typed.

You wrote and I quote:
"If I hired you to take the photo and I paid you to do so and I didn't even pick up said camera the rights of the photo you took would be mine by law. So the pics are mine."

I suggest you take your own advice and re-read what you typed.

Look dude, I have no idea about you and your family arguments I am simply stating you do not have any legal right to them, you seem to think you do.

That being said they are really little worth to anyone else so I am finding it a little strange even if you and the sister do not talk why you cannot get them back.

ShowMeTheCash

tonyheaney wrote: »

Dude she hasn't even told me she had a child 3 years ago and I've seen her 2 times since (aunts funeral)

Asked her tonight to give me the number to the property agent and she refused. She was shocked that i actually found out that the house wasn't yet sold.

Original photos were destroyed back in 2010. Never got the chance to retrieve the copies and as it's been a year since Aunt died and my "sister" has apparently been dealing with the house. I requested them back from her she said she didn't know where they were. I hope she hasn't binned them. I asked who the solicitor was no answer either so don't know where to go as she seems to be the only one dealing with it and doesn't talk to the family.


I did ask. but as a rule of thumb they are given back. why do i assume this? Because my last three aunts (mother's side) died and photos were returned to original owners.


Yes photos are important as the originals were lost. if there was tit for tat that would suggest we chat but she hasn't spoken to me in a very long time.

Well I will say this again, is there anyone else within your family she does talk to?

But the sounds of it there is some bad blood between you two, this aunt that died did anyone else have photos returned?

Just on the law.
You said your sister and the uncle where the administrators.

Now usually this is done two ways either it was in her will or perhaps she left no will.

If she left no will what happens is her estate is intestate and usually someone needs to apply to take out the deed of administration.
Usually this would be someone that has the majority share of the estate i.e. your uncle but does not have to be.

The executor has to act in the best interest of all the participants who are to receive a share.

It could be that your aunt did not leave a will at all.

I am going to assume she had no children of her own due to the fact your uncle her brother and your sister her niece where dealing with this.

If this is the case you could contest the deed of administration, while your uncle was a live you probably would of lost the contest but technically you and your sister would have an equal share if no will was left.

But you and your sister only get this if they related parent is also deceased.

athtrasna

Mod note

This is not legal discussion. Please stick to the accommodation and property aspect or the thread will be closed. Thanks

Ursus Horribilis

ShowMeTheCash wrote: »

That being said they are really little worth to anyone else so I am finding it a little strange even if you and the sister do not talk why you cannot get them back.

If the blood between OP and his sister is so bad, she'll probably bin them because she knows he wants them so badly. Plus, if he's using his own name here (which I hope he's not) you never know who's reading boards and if this'll get back to her. The other sister seems to be on speaking terms with both of them so I reckon that's the best angle to take. Have her try to get into the house and retrieve them.

bleary

There's obviously bad blood here for whatever reasons, in that case getting calls about the house sale and photos and other things will not yield any results. Being blunt a year after the death with the house sale agreed the photos have either been packed up somewhere or disposed of. Most likely disposed of. There's nothing to be gained by trying to have a row about it now. I would send a letter to the sister and explain the originals are lost, if they have disposed of them can they let them know, if not could they let them know when they might be able to retrieve them. Then leave it at that and forget about it. Accept you have no rights ,neither have you had the responsibility of dealing with the estate which is considerable and which your aunt entrusted your sister with.
The will is a separate issue and you may be able to check with the probate office on whether anything has been registered
http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

tonyheaney

athtrasna wrote: »

Mod note

This is not legal discussion. Please stick to the accommodation and property aspect or the thread will be closed. Thanks

Mod i have my answer please delete this thread