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Purchasers/their bank likely to have financial impact on us

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    #32
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    OP if you have an issue with the post please report it rather than retort on thread. Thanks

    Mod


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    #33
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    I understand that you're stressed and frustrated.

    But it's not just about transferring funds. There are searches to be done and certified, and authorities must be given to release.

    And the chain feeds you all. First buyer to first seller, then that seller turns into a buyer and buys from another seller, and repeat until you are reached in the chain

    A three way closing has complications and a closing date isn't guaranteed.


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    #34
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    December2012 wrote: »
    I understand that you're stressed and frustrated.

    But it's not just about transferring funds. There are searches to be done and certified, and authorities must be given to release.

    And the chain feeds you all. First buyer to first seller, then that seller turns into a buyer and buys from another seller, and repeat until you are reached in the chain

    A three way closing has complications and a closing date isn't guaranteed.

    Thanks this is more like the advice I was expecting.
    The previous stuff was like bar stool banter.
    I've no problem taking the hit for this but just wanted an informed opinion and I thank you for that.


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    #35
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    Hope you get sorted soon. You may be delayed for a few weeks, don't worry, you'll be living in your house for a long time!


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    #36
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    December2012 wrote: »
    Hope you get sorted soon. You may be delayed for a few weeks, don't worry, you'll be living in your house for a long time!

    Another twist in this. We've subsequently found out that estate agent was given permission to release keys at 17:16.
    Our solicitor's secretary told us before this it wasn't going to happen yesterday.
    I was on my phone to removal company at this stage and estate agent left a message. Our solicitor was texting me from 5.10 to 5.30 but not once did he mention anything


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    #37
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Maybe the solicitor didn't know? It sounds like the EA and the vendor's solicitor were in communication and the EA then tried to phone you. The fact that you missed the message would be a further issue for you in recovery.


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    #38
    Senna
    Registered Users Posts: 8,800 ✭✭✭Senna


    jos_kel wrote: »
    Thanks this is more like the advice I was expecting.
    The previous stuff was like bar stool banter.
    I've no problem taking the hit for this but just wanted an informed opinion and I thank you for that.

    So you wanted someone to tell you buying a house is a complicated process and problems can arise?
    Did you not understand this, seen it is you who selling and buying a house?


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    #39
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    Senna wrote: »
    So you wanted someone to tell you buying a house is a complicated process and problems can arise?
    Did you not understand this, seen it is you who selling and buying a house?

    No I was fully aware of the complications. We done as much as We could from our side to mitigate these.
    Prime example I let our solicitor know on Tuesday that this was likely to go to the wire, which it did, 17:16 to be exact.
    Turns out solicitors both had each other's mobile number. Vendors solicitors office closed @ 17:30. Our solicitors office closed @17:00. I don't know but let's put the legalities to one side for the moment but surely there's a duty of care lacking there.


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    #40
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If news that the keys were released was sent to your solicitor at when said solicitor's office was closed then they wouldn't be expected to get that news until the next day. It is unreasonable to expect your solicitor to work beyond their office hours because you told them "it would go down to the wire". Their wire was 5pm after that they were on their own time.


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    #41
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    athtrasna wrote: »
    If news that the keys were released was sent to your solicitor at when said solicitor's office was closed then they wouldn't be expected to get that news until the next day. It is unreasonable to expect your solicitor to work beyond their office hours because you told them "it would go down to the wire". Their wire was 5pm after that they were on their own time.

    Like plumber on the EBS ad said "5.00 I'm off on my holliers, Toremolinos it'll be tropic". But what about the clothes said the housewife. "Eh down there for dancing" in other words I'm alright Jack. Ah sure he'll be onto another client next anyway just like the plumber. There's such a thing as goodwill.


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    #42
    Dr.Rieux
    Registered Users Posts: 674 ✭✭✭Dr.Rieux


    jos_kel wrote: »
    Like plumber on the EBS ad said "5.00 I'm off on my holliers, Toremolinos it'll be tropic". But what about the clothes said the housewife. "Eh down there for dancing" in other words I'm alright Jack. Ah sure he'll be onto another client next anyway just like the plumber. There's such a thing as goodwill.

    When do you think they should have waited until? If it had run on until 6, or 7, should your solicitor have hung around? They weren't to know that it would be 15 minutes, it could have been hours


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    #43
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    Dr.Rieux wrote: »
    When do you think they should have waited until? If it had run on until 6, or 7, should your solicitor have hung around? They weren't to know that it would be 15 minutes, it could have been hours

    Not at all. Vendors solicitors closed at 5.30. Our solicitor knew our situation.
    Both solicitors had prior contact by mobile.
    The only expectation was for our solicitor to be contacted by mobile until close of business on vendors side. Vendors solicitor was to highlight when funds became visible. He emailed at 17:16. I suspect funds were there earlier though. I done 2 interbank transfers to my solicitor previously and he had them by 4pm.
    Our solicitor should have been highlighting the importance to the vendors solicitor, I think both solicitors were very laissez faire about this.
    I believe funds were there a long time before 17:16.
    Is there any avenue I can pursue to find out exact time funds were in vendors account.


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    #44
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    There really is no point. It's a done deal now. You knew what time your solicitor worked until and any dealings after 5 would have to wait until the next day. It's not the solicitor's fault you jumped too soon.


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    #45
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    athtrasna wrote: »
    There really is no point. It's a done deal now. You knew what time your solicitor worked until and any dealings after 5 would have to wait until the next day. It's not the solicitor's fault you jumped too soon.

    As I'm diligent and organised, I rang our solicitor on the 14th July after the original closing date of 13th July was delayed by both purchaser's of our house and some internal issues with our banks communication.
    I explained to him the potential of this issue around moving occurring.
    The closing date was a moving target at that stage which made it impossible to mitigate the risk of what transpired.
    The solicitor was totally blunt and not understanding of our situation. He knew we were not to blamed for the waiting game on the closing date.
    He said as soon as the funds come in I'm closing and moving is up to you.
    I totally understand that the moving is up to us but if we deferred our moving arrangements we would have had purchaser's trying to move into our house and no booking available with a removal company.
    We were damned if we did and damned if we didn't.
    Surely the solicitor has some appreciation of these issues.
    This is our third time moving and the previous moves were stress free with very personable solicitors. I don't know this has been a complete nightmare. What with inaccurate financial memos, taking time off work when it could have been done via phone, very inflexible.
    I badly need one of those guns from Men In Black to wipe my memory of this appalling service.


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    #46
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    jos_kel wrote: »
    This is our third time moving and the previous moves were stress free with very personable solicitors.

    Which does beg the question - why not use one of them?


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    #47
    jos_kel
    Registered Users Posts: 435 ✭✭jos_kel


    MarkAnthony wrote: »
    Which does beg the question - why not use one of them?

    True. But still lots of other questions remain unanswered.


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    #48
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    I really don't see the point in continuing this thread any longer. If you want restitution you need legal advice, which can't be given on here. You have your house, enjoy it.


This discussion has been closed.
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