Alderlie, Adamstown, Lucan

The_Conductor

judy80 wrote: »

The original 4800 included stamp duty so dont know what's in 8k.
I can't pay it.

Contact the solicitor- with their original quotation- advise them that they had agreed to undertake your business at the price stated- and in the absence of absolute justification, it is all you intend to pay.

misspola

Does the mortgage cover the full price of the house (minus deposit)? Maybe it's what you still owe on top of your mortgage? My solicitor bill includes legal fees, stamp duty and extra house costs above the mortgage.

johnbinu

which solicitor is that judy80?

bmwguy

johnbinu wrote: »

which solicitor is that judy80?

Her own solicitor she engaged to do the conveyancing for her.

dakto

Question to Phase 1/2 buyers. Do you have or did you have a mortgage approval that will expiry after the property is ready for closing the deal or do you have to reapply? The contract does not seem to give you a way out from the deal in cases when your mortgage offer expires and you are not able to obtain the mortgage for some reason. Have your solicitors raised the same objections? This could be a deal breaker...

Paulzp

judy80 wrote: »

The original 4800 included stamp duty so dont know what's in 8k.

Just spoke to my colleague and she said they had similar situation few years ago. They were really angry but paid because she was on last month of pregnancy. From my point of view it is cheating. I don't know how it is legally working but I would not pay and ask for legal advise.
Actually I'm also asking: anyone could suggest solicitor for paid consultation about buying home.

Thank you.

Cober17

judy80 wrote: »

We got the letter from our solicitor today that we can occupy the house if we pay the solicitor fee of 7969.69.
When we hired her, she quoted 4800.
Is this for real?
Anybody experienced similar?

Hi Judy, I'm sorry for hearing that. I already received the letter as well. In my case I had to pay around 600 extra for some services charges, in total we paid around 5,800 including the stamp duty. I wish you could solve your problem.

Paulzp

Cober17 wrote: »

Hi Judy, I'm sorry for hearing that. I already received the letter as well. In my case I had to pay around 600 extra for some services charges, in total we paid around 5,800 including the stamp duty. I wish you could solve your problem.

judy80 wrote: »

The original 4800 included stamp duty so dont know what's in 8k.
I can't pay it.

Could you please share solicitor's explanation for increased price (3200!!! and even 600 EUR). It could be useful for others if their solicitors will do the same.

Thank you.

gvgdhar

Cober17 wrote: »

In my case I had to pay around 600 extra for some services charges

Probably thats for service charges written in the contract document. In my contract its given as 621.84

gvgdhar

judy80 wrote: »

The original 4800 included stamp duty so dont know what's in 8k.
I can't pay it.

Sorry to hear that, Judy. Hope they gave you the breakup of the bill.
Did you with the solicitor recommended by the builder?

Irene ODaniel

judy80 wrote: »

We got the letter from our solicitor today that we can occupy the house if we pay the solicitor fee of 7969.69.
When we hired her, she quoted 4800.
Is this for real?
Anybody experienced similar?

That's mad!

Did he give you a quote at the beginning of the business?

How does he justify these additional charges?

Just in case you didn't know, you can complain about solicitor's excess charges to Law Society. Google "complain about solicitor Ireland" and there will be information about it.

gvgdhar wrote: »

Probably thats for service charges written in the contract document. In my contract its given as 621.84

There are some similar service charges in our contract too. Is it an annual management fee or something different?

dakto

Have you been able to obtain a Pyrite certificate from the builder? I dont think they are in position to provide one.

gvgdhar

Irene ODaniel wrote: »

There are some similar service charges in our contract too. Is it an annual management fee or something different?

I thought that as management fee but you never know with these guys.

Paulzp

Got a copy of contract from my solicitor this week. House Type 10 (mid terrace).
Here are my thoughts after reading full contract I sent to my solicitor:

1. We need to add floor plans drawing to the contract, which I got from LEAHY sales agent (Savills have it as well).
2. I'm going to pay up to 5% deposit because it is the only way how Help-To-Buy mentioned in the contract.
3. According to the contract we should got "Booklet of Title", but we didn't get it (it also contains Owner's Management Company rules)
4. Management fees needs to be fixed in the contract. Now it is: "..will be approximately 636.54 EUR...which is subject to variation…”. I don't like that undefined "variation".
5. We need to add the case if my mortgage will be refused. Expecting they will refund paid deposit.
6. Building Energy Rate (BER A3) needs to be specified in the contract.
7. We will need 3 copies of the contract (1 for developer, 1 for solicitor and 1 for buyer).

The_Conductor

Paul- management fees are *always* subject to variation- its impossible to nail it down to a specific amount, and for it remain at this level- its just not going to happen.

Paulzp

dakto wrote: »

Have you been able to obtain a Pyrite certificate from the builder? I dont think they are in position to provide one.

Pyrite problem was spotted during the boom. I don't think they will use it knowing the problem.
Developer is in 10 year warranty scheme...

Paulzp

The_Conductor wrote: »

Paul- management fees are *always* subject to variation- its impossible to nail it down to a specific amount, and for it remain at this level- its just not going to happen.

According to the contract fees COULD raise up to whatever. I don't like it. They can provide the range like +-5%

Remark: we are talking about INITIAL management fee taking place this year or early next year. It is not that far in future.

The_Conductor

Paulzp wrote: »

According to the contract fees COULD raise up to whatever. I don't like it. They can provide the range like +-5%

Remark: we are talking about INITIAL management fee taking place this year or early next year. It is not that far in future.

In a situation where public liability insurance could rise or fall 30-40% from one year to another- with no warning- suggesting putting a 5% limit on the rise or fall in management fees- is foolhardy..........

Wait until the development is finished and the developer hands over the management company to the owners- you can run it as you choose at that time (in keeping with the MUD act and Company law)- however, until then, its foolhardy to try and handicap the management company with unreasonable or unrealistic strictures (such as you're suggesting).

Keep in mind- you are a shareholder in the management company- it is not an independent entity in which you have no say- it is there for your benefit..........

Paulzp

Anyone added floor plans to the contract? Or at least small description like "X floors with Y sq.m. internal floor area"?

My solicitor is one of recommended by developer. She said developer will not accept any changes to default contract except that purchase is subject to loan. I'm suspecting she is just protecting developer interests or doesn't want to spend time on my case.

Michael D Not Higgins

Paulzp wrote: »

Anyone added floor plans to the contract? Or at least small description like "X floors with Y sq.m. internal floor area"?

My solicitor is one of recommended by developer. She said developer will not accept any changes to default contract except that purchase is subject to loan. I'm suspecting she is just protecting developer interests or doesn't want to spend time on my case.

They're protecting themselves. The floorplan is indicative and they don't want the contract saying 100 sq m then it turns out to be 99 due to building tolerances and open themselves up to legal action.

Paulzp

Michael D Not Higgins wrote: »

They're protecting themselves. The floorplan is indicative and they don't want the contract saying 100 sq m then it turns out to be 99 due to building tolerances and open themselves up to legal action.

At least some measurement needs to be added otherwise they will be able to build 10-20-... sq.m. less and I would not be able to do anything about it. That's mad.

They could put X storeys with Y +- 3 sq.m. to the contract.

The_Conductor

Guys- definitely take it to PM- please don't mention any names- or the specifics of the case here. Please be careful on Facebook too- the developer may well have a few employees in the closed group- so you may very well be identifiable- please keep this in mind, and keep any details as private as possible.

Paulzp

The_Conductor wrote: »

Guys- definitely take it to PM- please don't mention any names- or the specifics of the case here. Please be careful on Facebook too- the developer may well have a few employees in the closed group- so you may very well be identifiable- please keep this in mind, and keep any details as private as possible.

I wonder why everybody so scared, is it an offense in Ireland to share your experience (even mentioning real names)?
Regarding boards, I believe there is some statement in user agreement saying that boards has no responsibility for users posts and only user is responsible it.

I'm not arguing, just curious

The_Conductor

Paulzp wrote: »

I wonder why everybody so scared, is it an offense in Ireland to share your experience (even mentioning real names)?
Regarding boards, I believe there is some statement in user agreement saying that boards has no responsibility for users posts and only user is responsible it.

I'm not arguing, just curious

Boards.ie as a corporate body- has been to court on more than one occasion- over comments users have posted. Regardless of the relative merits of comments- we don't need this.

Paulzp

The_Conductor wrote: »

Boards.ie as a corporate body- has been to court on more than one occasion- over comments users have posted. Regardless of the relative merits of comments- we don't need this.

So Irish courts will sue boards or facebook just because they played a role of platform for people communication... holy crap...it looks like Irish law system is in trouble and they just want to shut people mouth.

Usually (in other countries) communication platforms has no responsibility for users posts, otherwise it would be nightmare for moderation and some form of censorship.

The_Conductor

Paulzp wrote: »

So Irish courts will sue boards or facebook just because they played a role of platform for people communication... holy crap...it looks like Irish law system is in trouble and they just want to shut people mouth.

Usually (in other countries) communication platforms has no responsibility for users posts, otherwise it would be nightmare for moderation and some form of censorship.

It doesn't matter whether, or not, a platform has responsibility for a users posts- the overhead in defending yourself means its incredibly onerous- and while the moderators can do their best to keep discussions away from legally contentious issues/areas- we have our limits- and we're not online 24/7.

If its obvious that subject matter could potentially lead to issues- its easier to try and nip it in the bud, rather than having to deal with the consequences afterwards........

We try to cover most eventualities in the charter governing the forum- and indeed in the user agreement that all users will have signed- however, often people will forget what they have signed/agreed to (or indeed, may agree to it, without having read it)- and simply need to be gently reminded.

busylady

Paulzp wrote: »

Anyone added floor plans to the contract? Or at least small description like "X floors with Y sq.m. internal floor area"?

My solicitor is one of recommended by developer. She said developer will not accept any changes to default contract except that purchase is subject to loan. I'm suspecting she is just protecting developer interests or doesn't want to spend time on my case.

Building contracts usually provide that the builder will build the house in accordance with the plans and specifications provided. So there should be no need to refer to measurements in the conditions as they are already incorporated into the contract. And your solicitor is correct in saying that the builder will not accept amendments or additions to the contract - this is the norm for many new developments, where there are plenty of buyers waiting and the builder will insist that the contracts are returned with no amendments. It's a sellers market out there at the moment .

Paulzp

busylady wrote: »

Building contracts usually provide that the builder will build the house in accordance with the plans and specifications provided. So there should be no need to refer to measurements in the conditions as they are already incorporated into the contract.

There is statement in the contract that legal power has only what IS IN the contract, any ads or brochures doesn't have any legal power and provided just for information purpose. So it is not "incorporated into the contract".

busylady wrote: »

And your solicitor is correct in saying that the builder will not accept amendments or additions to the contract - this is the norm for many new developments, where there are plenty of buyers waiting and the builder will insist that the contracts are returned with no amendments. It's a sellers market out there at the moment .

Unfortunately, you are right

busylady

Yes it is standard to say that nothing in the brochure, ads etc form part of the contract. However it you look at the "Covenant to Build" condition in the building agreement, it should refer to the Plans. The building agreement is an agreement for the builder to build the house in accordance with the plans.

AsianDub

I got the opportunity to put a booking deposit down on a house in another Castlethorn development. However I was unaware about the timelines
while trying to choose the house. As I was in the sales office completing the formalities I was told that there was a delay and that the house
wouldn't be ready until next January, February or March. Is this normal? I have been looking for a few years and this seems a bit of a let down that I have to wait so long, not to mention the rent I'll have to pay. I didn't know prior to launch that the units weren't built yet or it would take so long (a few months I wouldn't mind).