Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Mortgage denied with 1 week before the closing date

Options
2»

Comments

  • Options
    #32
    vicky33
    Registered Users Posts: 15 ✭vicky33


    @Kings Inns or bust thanks for the reply, if you want you can PM me if you have some legal advice


  • Options
    #33
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    4ensic15 wrote: »
    Solicitors have been successfully sued for not advising a survey. After Priory hall, Longboat Quay , pyrite et al, it is utterly negligent not to advise a survey. there is no reason why a house should be surveyed and not an apartment.

    Fair enough but I suspect each case of the turns very much on it's own facts - I assume it's not a part of any code of practice or anything with blanket legal effect - I'm very happy to be corrected there please.


  • Options
    #34
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    vicky33 wrote: »
    @Kings Inns or bust thanks for the reply, if you want you can PM me if you have some legal advice

    Sorry that was not my intent to advise that I wanted to give legal advice. Taking legal advise from me would be akin to taking patio laying advice from Fred West.


  • Options
    #35
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Kings Inns or bust wrote: »
    Fair enough but I suspect each case of the turns very much on it's own facts - I assume it's not a part of any code of practice or anything with blanket legal effect - I'm very happy to be corrected there please.

    If it has been found by the courts that solicitor x must pay compensation to her client for not advising a survey then you can take it that it is part of a solicitors duty in a conveyance to advise a survey. Some solicitors refuse to act in a conveyance unless a copy of the survey is on their desk.


  • Options
    #36
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    How exactly did this transpire? Our bank would not issue a loan offer until we did a structural survey as their valuer pointed out it was a pyrite estate. As it happens we had done our own immediately we were not taking any chances but there is no way our solicitor or broker would have let us get to that point without the survey


  • Advertisement
  • Options
    #37
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    4ensic15 wrote: »
    If it has been found by the courts that solicitor x must pay compensation to her client for not advising a survey then you can take it that it is part of a solicitors duty in a conveyance to advise a survey. Some solicitors refuse to act in a conveyance unless a copy of the survey is on their desk.

    I'm afraid absent breaking with my tradition thus far and actually reading the cases I'm not sure that particular statement can be said to be completely reliable.


  • Options
    #38
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Kings Inns or bust wrote: »
    I'm afraid absent breaking with my tradition thus far and actually reading the cases I'm not sure that particular statement can be said to be completely reliable.

    You are correct. If you actually studied law ( which does not mean reading Nutshells) you might act
    ually know something about the law of tort.

    Mod

    Keep it civil guys


  • Options
    #39
    vicky33
    Registered Users Posts: 15 ✭vicky33


    @Kings Inns or bust :)


  • Options
    #40
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    mirrorwall14 wrote: »
    How exactly did this transpire? Our bank would not issue a loan offer until we did a structural survey as their valuer pointed out it was a pyrite estate. As it happens we had done our own immediately we were not taking any chances but there is no way our solicitor or broker would have let us get to that point without the survey

    Given that solicitors, are getting sued over this, which I accept, then it would seem to indicate that not all of them have been giving this advice as they didn't know they needed to. I seem to remember a well respected barrister passing comment on a tenuously similar situation in relation to JR time limits.

    I believe the technical legal term used was '<<abuse deleted>>'.


  • Options
    #41
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    4ensic15 wrote: »
    You are correct. If you actually studied law ( which does not mean reading Nutshells) you might actually know something about the law of tort.

    :( SoHF?


  • Advertisement
  • Options
    #42
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Kings Inns or bust wrote: »
    Given that solicitors, , are getting sued over this, which I accept, then it would seem to indicate that not all of them have been giving this advice as they didn't know they needed to. I seem to remember a well respected barrister passing comment on a tenuously similar situation in relation to JR time limits.

    I believe the technical legal term used was.

    They are under a duty to keep themselves informed. Conveyancing is a complicated area and some solicitors no longer engage in it. They get to pay much lower professional indemnity insurance premia as a result.

    Mod
    Pls keep it civil. Have had to delete some of this post


  • Options
    #43
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Kings Inns or bust wrote: »
    Given that solicitors, , are getting sued over this, which I accept, then it would seem to indicate that not all of them have been giving this advice as they didn't know they needed to. I seem to remember a well respected barrister passing comment on a tenuously similar situation in relation to JR time limits.

    I believe the technical legal term used was .

    Yeah but the bank themselves demanded the structural survey before the loan offer so I'm honestly not sure how the OP got to full deposit paid without hitting the banks brick wall. This was very recent for me


  • Options
    #44
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    4ensic15 wrote: »
    They are under a duty to keep themselves informed. Conveyancing is a complicated area and some solicitors no longer engage in it. They get to pay much lower professional indemnity insurance premia as a result.

    All granted - my issue here with your assertions is that it can't be a blanket issue or it would have gained more coverage. Now I'm absolutely willing to be pointed to such coverage, frankly this wouldn't be anywhere near my radar of current awareness.


  • Options
    #45
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    mirrorwall14 wrote: »
    Yeah but the bank themselves demanded the structural survey before the loan offer so I'm honestly not sure how the OP got to full deposit paid without hitting the banks brick wall. This was very recent for me

    Love the pun!

    It seems that the bank did not.


  • Options
    #46
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Kings Inns or bust wrote: »
    Love the pun!

    It seems that the bank did not.

    Seems very odd to demand more information after the Loan offer stage. I'd definitely be querying the timeline with the bank too OP, if they needed the survey I'm not sure why they proceeded with a loan offer. And if they didn't proceed with a loan offer then I have no idea why your solicitor would have you sign contracts


  • Options
    #47
    vicky33
    Registered Users Posts: 15 ✭vicky33


    @mirrorwall14 - they never asked for a structural survey and they haven't sent their own surveyor either, they said if we want to do it is fine but they don't require it to approve the mortgage for that apartment because they are ok ! that's why I am a little bit confused how they can ask for one now, I know that once you agree to something is kinda of set in stone


  • Options
    #48
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    vicky33 wrote: »
    @mirrorwall14 - they never asked for a structural survey and they haven't sent their own surveyor either, they said if we want to do it is fine but they don't require it to approve the mortgage for that apartment because they are ok ! that's why I am a little bit confused how they can ask for one now, I know that once you agree to something is kinda of set in stone

    The bank would have had a valuer surely?


  • Options
    #49
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    mirrorwall14 wrote: »
    Seems very odd to demand more information after the Loan offer stage. I'd definitely be querying the timeline with the bank too OP, if they needed the survey I'm not sure why they proceeded with a loan offer. And if they didn't proceed with a loan offer then I have no idea why your solicitor would have you sign contracts

    They probably don't require one, but more than likely have a catch all 'get out of Priory Hall Free' clause somewhere in the paperwork. I wan't to be a fecking lawyer when I grow up and I didn't read my loan offer cover to cover and I doubt most do.


  • Options
    #50
    vicky33
    Registered Users Posts: 15 ✭vicky33


    so just to repeat, the solicitor asked them for the funds with 5 days before they asked me for the survey


  • Options
    #51
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    vicky33 wrote: »
    @mirrorwall14 - they never asked for a structural survey and they haven't sent their own surveyor either, they said if we want to do it is fine but they don't require it to approve the mortgage for that apartment because they are ok ! that's why I am a little bit confused how they can ask for one now, I know that once you agree to something is kinda of set in stone

    See above - honest answer time - did you read every T&C of the loan offer?


  • Advertisement
  • Options
    #52
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Kings Inns or bust wrote: »
    See above - honest answer time - did you read every T&C of the loan offer?

    Me? My loan offer is pending so I haven't obviously but I will be. I read everything. And I have a solicitor to explain anything i don't understand

    Edit: Just to say Vicky I'd still be running a mile from the place but I do find this interesting


  • Options
    #53
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Kings Inns or bust wrote: »
    All granted - my issue here with your assertions is that it can't be a blanket issue or it would have gained more coverage. Now I'm absolutely willing to be pointed to such coverage, frankly this wouldn't be anywhere near my radar of current awareness.

    Just because you are not reading cases about it in the papers does not mean that it is not happening. Most negligence cases are taken over by the insurance companies and settled without a hearing. There are solicitors who will do not work in buying a house until a survey report is put in their hand. there are 2 reasons.
    1. The client can't later claim he was not advised to have a survey done.
    2. There is much less chance that something will emerge to scupper the sale when a lot of work has been done.


  • Options
    #54
    vicky33
    Registered Users Posts: 15 ✭vicky33


    Yes I did, it was never mentioned a structural survey in there, it was not a condition of them giving me the mortgage @Kings Inns or bust


  • Options
    #55
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    mirrorwall14 wrote: »
    Me? My loan offer is pending so I haven't obviously but I will be. I read everything. And I have a solicitor to explain anything i don't understand

    Good for you, and it's absolutely the way it should be done. Solicitors should also selected on their willingness to sit down and have those conversations with the fee a secondary consideration, however that is not the case for the vast majority.


  • Options
    #56
    mirrorwall14
    Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Kings Inns or bust wrote: »
    Good for you, and it's absolutely the way it should be done. Solicitors should also selected on their willingness to sit down and have those conversations with the fee a secondary consideration, however that is not the case for the vast majority.

    Biggest loan of my life, I'm definitely paying attention!!!

    Vicky I'd be onto the solicitors Monday asking how this could have occurred


  • Options
    #57
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    4ensic15 wrote: »
    Just because you are not reading cases about it in the papers does not mean that it is not happening. Most negligence cases are taken over by the insurance companies and settled without a hearing. There are solicitors who will do not work in buying a house until a survey report is put in their hand. there are 2 reasons.
    1. The client can't later claim he was not advised to have a survey done.
    2. There is much less chance that something will emerge to scupper the sale when a lot of work has been done.

    You and I both know that even out of court settlements of any note would be plastered all over the Indo like their equivalent of a page three girl. However I'm referring to some bored barrister or spry solicitor publishing something that would be found in a legal journal. Citations would be most welcome!

    I never suggested it wasn't happening, quite the contrary in fact, I intimated it's not quite on the scale of the hyperbole you've directed at it and that individual cases do not, yet, constitute a blanket requirement. I have already conceded it's certainly a sensible one. That said I don't begrudge anyone a bit of artistic license in giving their posts a bit of pep! Perhaps we're taking each other too seriously here.


  • Options
    #58
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    vicky33 wrote: »
    Yes I did, it was never mentioned a structural survey in there, it was not a condition of them giving me the mortgage @Kings Inns or bust

    However is there not a catch all clause? No doubt 4ensic15 will correct me on illusory terms here, I haven't read that far yet.


  • Options
    #59
    nuac
    Registered Users Posts: 6,769 ✭✭✭nuac


    Mod

    oSorry, OP, but you will have to take your own legal advice on this matter rather than relying on posts here.

    Have to close this thread    .
    Good luck


This discussion has been closed.
Advertisement