Buying an apartment Nightmare

Manfis

If the MC provide the info to solicitors (vendor and buyer) they can get into an agreement and pay the MC the outstanding fee and The end of the story...!!! Why are they making a suspense movie out of this??? I'm lost, I can't understand how this work here, solicitors are another joke as well..!! I have to stoke mine for days till I get him to answer my emails..!! and on top of that I have to pay him..!!
Manfis

davo10

Manfis wrote: »

If the MC provide the info to solicitors (vendor and buyer) they can get into an agreement and pay the MC the outstanding fee and The end of the story...!!! Why are they making a suspense movie out of this??? I'm lost, I can't understand how this work here, solicitors are another joke as well..!! I have to stoke mine for days till I get him to answer my emails..!! and on top of that I have to pay him..!!
Manfis

Unfortunately it is not that simple. The buyer is not liable for any outstanding fees, only the seller is and quite often the seller cannot afford to pay them. You have a complicating issue with the owner being deceased. None of this is the fault of the MC.

If the hold up is the MC fees, then you can sign an undertaking to discharge all fees owed by the buyer at time of purchase. I know in some cases in the MC I was a board member of for many years, outstanding fees ran into thousands of Euro, but if you want to take responsibility for it, the seller and MC will be thrilled with that.

Your solicitor cannot complete the purchase until the MC signs off on the property, they cannot sign off on it until the owner/estate discharge any outstanding fees so it's the sellers solicitor who needs to find out what is going on with the owners estate.

Manfis

davo10 wrote: »

Unfortunately it is not that simple. The buyer is not liable for any outstanding fees, only the seller is and quite often the seller cannot afford to pay them. You have a complicating issue with the owner being deceased. None of this is the fault of the MC.

If the hold up is the MC fees, then you can sign an undertaking to discharge all fees owed by the buyer at time of purchase. I know in some cases in the MC I was a board member of for many years, outstanding fees ran into thousands of Euro, but if you want to take responsibility for it, the seller and MC will be thrilled with that.

Your solicitor cannot complete the purchase until the MC signs off on the property, they cannot sign off on it until the owner/estate discharge any outstanding fees so it's the sellers solicitor who needs to find out what is going on with the owners estate.

How do I get the amount owed if the MC doesn't send it to solicitor??:mad:

davo10

Manfis wrote: »

How do I get the amount owed if the MC doesn't send it to solicitor??:mad:

You don't, it's between the MC and the seller, they have to sort it out. Your solicitor won't allow you to buy a property with legacy debt and you would be mad to do so. The most you can do is ask your solicitor to get on to the seller's solicitor and ask him to lean on whoever inherited the property.

Lantus

The omc documentation takes about 20 minutes to complete having done it myself. A 500 fee is outrageous. The delay seems odd.

Your solicitor needs to chase this up and is responsible for it.

An omc pays for the building costs. Future development, savings and other costs by the members of the time. If you paid 200 a year into a savings fund to replace the roof and then every member left 1 year before it needed replacing would you expect a refund? Of course not. Long term planning is needed to maintain the block as a whole.

It's not a disaster but you need to educate yourself better on the legal structure.

Manfis

Lantus wrote: »

The omc documentation takes about 20 minutes to complete having done it myself. A 500 fee is outrageous. The delay seems odd.

Your solicitor needs to chase this up and is responsible for it.

An omc pays for the building costs. Future development, savings and other costs by the members of the time. If you paid 200 a year into a savings fund to replace the roof and then every member left 1 year before it needed replacing would you expect a refund? Of course not. Long term planning is needed to maintain the block as a whole.

It's not a disaster but you need to educate yourself better on the legal structure.

Lantus
I'm not sure what you are talking about in your second paragraph. The money they are requesting on top of maintenance fee is for a fire from January 2016 and repairs that have been already done and dosted.
My solicitor says he is ringing the vendor's solicitor now and again but if I want him to be on top of it in a daily bases he has to charge me on the clock. And that he can't do anything till he gets what he requested from MC
My issue is not getting the info I need and this is holding me off on a deal that it might never happened. I feel unprotected by the law as a buyer as they put me on plate raw food!! In others countries I will be getting 3 times my deposit at this stage. I'm loosing money in a daily bases and apparently there is nathin I can do but pull out which I will still be loosing money as well as other opportunities I have missed at the time I agreed on this sale

Lantus

The only money you can be billed for is fees due from when you buy. This would be 2018 onwards in your case. You have no legal requirement for previous fees. These should be paid by the previous owner or from the sale of the property.

Any additional item like fire repair is still processed and billed in the same manner as any other cost. It is part of the annual budget and voted and agreed on and paid by the members.

Any additional payment outside of this structure is invalid and unenforceable. This is regardless of how many agreed to it. It's not clear if this is the case as the detail needed to clarify re budgets, accounts, bills sent etc is not readily available. You could get the directors contact details via Cro for a few euro and contact them directly.