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Affidavit of judgement against seller found in searches before final closing

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  • 03-05-2017 2:34pm
    #1
    mark_jmc
    Registered Users Posts: 554 ✭✭✭


    Hi all ,
    Not looking for legal advice as the matter is currently with my solicitor but any thoughts would be appreciated. We are purchasing a house- contracts signed. Our solicitor was doing the searches before the final
    closing- a circuit court judgement was lodged in 2014 in favour of AIB against the seller of the house. It is nothing to do with the mortgage as this is listed separately. The seller's initial response was- I know nothing about it -I'm shocked etc etc. I know that we will have to get an undertaking from the sellers solicitor that this debt will be discharged from the proceeds of the sale (while I don't know how much the judgement is for I know that he will be making circa €80k profit after his mortgage is paid off)
    My fear is that this guy is going to try to negotiate with the bank to write off some of this debt- further delaying us ( this purchase has taken a long time)

    What I'm wondering is that given that contracts are signed- can we enforce the sale of the house?
    Just to note it is not his PPR and is unoccupied.
    Any thoughts / opinion welcome
    Many thanks
    Mark


Comments

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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    You can enforce but the costs are likely to make it uneconomical.


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    #3
    Lumen
    Registered Users Posts: 31,080 ✭✭✭✭Lumen


    Are there time limits in the contract?

    If not you may not be able to extract yourself from the purchase, even if you want to.


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    #4
    C3PO
    Registered Users Posts: 3,760 ✭✭✭C3PO


    If the judgement does not include a lien on the house I don't believe that it effects you but that something that your solicitor should advise you on.


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