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issue with developers solicitor

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  • 14-05-2018 6:19pm
    #1
    Specialun
    Registered Users Posts: 3,068 ✭✭✭


    so i just purchased a house..took ages for contractors solicitor to get contracts out..my solicitor had a number of queries on sewage, a path ownership and right of way which are still unanswered. the developers solicitor answered others but claims they never got these.

    they have now given us 3 days to sign the contracts our the house is back on the market

    what should be my next action here? im really angry that the solicitor claims they never got these questions are now getting aggressive. my solicitor is saying theyre not answering the phone

    its a very aggressive and snotty email by the solicitor..all we have done is asked a question. never did anybody give us a deadline until now.

    is this one big game by the solicitor at developers end. rightly pissed off


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Op, you haven't purchased a house, you have just had an offer accepted. Until that contract is signed, the house can go back on the market. So, be guided by your solicitor, if these are big issues then he/she will advise you not to sign. They are now calling your bluff, if there is a high demand, the house will go back on the market probably with a higher price tag.


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    #3
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    It's an adversarial process. Get through it and then make a complaint to the Law Society if you think the vendors solicitor is being dishonest.


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    #4
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    as a potential buyer is my solicitor not allowed ask questions? thats all we have done. surely the ownership of a path, a right of way question and a sewage question are important?

    also i paid contractors 2k so far for work, on which the project manager for the developer is aware of


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    #5
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Specialun wrote: »
    as a potential buyer is my solicitor not allowed ask questions? thats all we have done. surely the ownership of a path, a right of way question and a sewage question are important?

    also i paid contractors 2k so far for work, on which the project manager for the developer is aware of

    Of course they are, but if those questions don't have satisfactory answers, expect the use of 'tactics'. If those tactics descend into dishonesty then it's a case for the Law Society.


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    #6
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    Samuel T. Cogley wrote: »
    Of course they are, but if those questions don't have satisfactory answers, expect the use of 'tactics'. If those tactics descend into dishonesty then it's a case for the Law Society.


    we have had no answers. the solicitor sent the questions. they claim they never got them despite us following up and getting no reply.

    theyre are ways to do business. i have invested time money and emotion into finding a house. respect isnt much to ask for.


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    #7
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Specialun wrote: »
    we have had no answers. the solicitor sent the questions. they claim they never got them despite us following up and getting no reply.

    theyre are ways to do business. i have invested time money and emotion into finding a house. respect isnt much to ask for.

    They know that, hence why they can mess you about. Take emotion out of it and look at why they might not be giving you these answers.


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    #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Specialun wrote: »
    as a potential buyer is my solicitor not allowed ask questions? thats all we have done. surely the ownership of a path, a right of way question and a sewage question are important?

    also i paid contractors 2k so far for work, on which the project manager for the developer is aware of

    How have you paid contractors before signing contracts? You are spending money on a house you have absolutely no ownership rights on yet. It's possible that the developer does not feel the issues you have are serious enough to delay signing. This is of course the alternate views of sellers and buyers. But the fact remains, in a rising market, its possible the seller will get a higher price next week than the price you have agreed.


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    #9
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    Samuel T. Cogley wrote: »
    They know that, hence why they can mess you about. Take emotion out of it and look at why they might not be giving you these answers.


    because they dont know the answers i assume..and i take it that its tough titties if i dont like it..

    i really do pity any first time buyers...might aswell be pissing into the wind to complain to law society


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    #10
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    davo10 wrote: »
    How have you paid contractors before signing contracts? You are spending money on a house you have absolutely no ownership rights on yet. It's possible that the developer does not feel the issues you have are serious enough to delay signing. This is of course the alternate views of sellers and buyers. But the fact remains, in a rising market, its possible the seller will get a higher price next week than the price you have agreed.


    the contract took 3 weeks before it reached my solicitor. in between then and now we were doing work with plumbing, outside of allowance. project manager insisted on it being sorted with plumber who insisted on balance up front


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    #11
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Specialun wrote: »
    the contract took 3 weeks before it reached my solicitor. in between then and now we were doing work with plumbing, outside of allowance. project manager insisted on it being sorted with plumber who insisted on balance up front

    Have to told this to your solicitor? I would assume he told you not to spend any money until contracts are signed. The plumber is a subcontractor if he is being paid separate from developer, you have no come back on this if the sale falls through.


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    #12
    GingerLily
    Registered Users Posts: 4,767 ✭✭✭GingerLily


    Specialun wrote: »
    the contract took 3 weeks before it reached my solicitor. in between then and now we were doing work with plumbing, outside of allowance. project manager insisted on it being sorted with plumber who insisted on balance up front

    What? Why were you doing anything to the house before signing contracts? This sounds like a scam almost.


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    #13
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    davo10 wrote: »
    Have to told this to your solicitor? I would assume he told you not to spend any money until contracts are signed. The plumber is a subcontractor if he is being paid separate from developer, you have no come back on this if the sale falls through.


    i told him today. he just said that the project manager should not be doing this.i had expected one of the countries biggest developers to be doing whats right. clearly wrongly

    i also asked numerous times for a date for which contracts to be back for. these were also ignored by the developers solicitor


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    #14
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    GingerLily wrote: »
    What? Why were you doing anything to the house before signing contracts? This sounds like a scam almost.

    developer is one of irelands biggest. its far from a cheap estate.

    house came with standard xyz. we were told by project manager to spec houses out as they needed to get cracking


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    #15
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Specialun wrote: »
    i told him today. he just said that the project manager should not be doing this.i had expected one of the countries biggest developers to be doing whats right. clearly wrongly

    i also asked numerous times for a date for which contracts to be back for. these were also ignored by the developers solicitor

    The project manager isn't privy to the contract issues, for all he knows you have signed contracts, is it possible you led him to believe you have "purchased" the house and jumped the gun a little bit on the fit out?


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    #16
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    davo10 wrote: »
    The project manager isn't privy to the contract issues, for all he knows you have signed contracts, is it possible you led him to believe you have "purchased" the house?

    i use purchase as a phrase. its a phase of 20 houses not a 1 house job. i dont know how i led anybody on. we paid the deposit..we met the project manager and told us get cracking as theyre under pressure to be off site by october.


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    #17
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    for the record

    i have no issue signing the contract as i want the house. however its the sudden aggressive letters that im opposed to. it causes un needed panic.


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    #18
    GingerLily
    Registered Users Posts: 4,767 ✭✭✭GingerLily


    Specialun wrote: »
    for the record

    i have no issue signing the contract as i want the house. however its the sudden aggressive letters that im opposed to. it causes un needed panic.

    I think your letting your feelings get in the way


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    #19
    awec
    Administrators Posts: 53,832 Admin ✭✭✭✭✭awec


    While this is being sorted out you really need to stop spending money on a house that you don't own.


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    #20
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    GingerLily wrote: »
    I think your letting your feelings get in the way


    what you mean


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    #21
    GingerLily
    Registered Users Posts: 4,767 ✭✭✭GingerLily


    Specialun wrote: »
    GingerLily wrote: »
    I think your letting your feelings get in the way


    what you mean

    Don't concern yourself with the solicitors perceived aggression - sign the contracts if that's the right decision for you - don't if its not, you're literally never going to hear from them after you leave or complete this sale.
    What is your solicitor advising you to do?


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    #22
    Specialun
    Registered Users Posts: 3,068 ✭✭✭Specialun


    GingerLily wrote: »
    Don't concern yourself with the solicitors perceived aggression - sign the contracts if that's the right decision for you - don't if its not, you're literally never going to hear from them after you leave or complete this sale.
    What is your solicitor advising you to do?


    he said he will speak to them, that he reckons theyre playing games, that he sees these tactics all the time and that i should have rest of deposit ready to sign on dotted line


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    #23
    flatty
    Registered Users Posts: 1,135 ✭✭✭flatty


    I had a drawn out process buying some land a few years ago. My solicitor pushed and pushed, and they stalled and stalled until one Friday afternoon they contacted my solicitor and said if the funds weren't in their account by Monday morning, the sale was off. Fortunately or unfortunately, I had had the funds sitting in an account waiting to go. My solicitor actually told me that I should tell them to f off, but I just paid, and the sale went through, and I never heard from them again. Its up to you, but I think you already know that you aren't going to pull out. Plenty did on the barest of excuses when the tiger stopped roaring.


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    #24
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Specialun wrote: »
    so i just purchased a house..took ages for contractors solicitor to get contracts out..my solicitor had a number of queries on sewage, a path ownership and right of way which are still unanswered. the developers solicitor answered others but claims they never got these.

    they have now given us 3 days to sign the contracts our the house is back on the market
    Specialun wrote: »
    the contract took 3 weeks before it reached my solicitor. in between then and now we were doing work with plumbing, outside of allowance. project manager insisted on it being sorted with plumber who insisted on balance up front

    IMO, as you've already spent money on this, they're probably sure you'll buy it at this stage. You can sign the contracts, but I doubt you'll get the answers before you've already handed over the money for the house.

    I'd wonder about the developers financial situation if you're having to pay the money to fix the plumbing of a house that you don't own?

    Perhaps ask the project manager your questions?


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    #25
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    the_syco wrote: »

    I'd wonder about the developers financial situation if you're having to pay the money to fix the plumbing of a house that you don't own?

    Perhaps ask the project manager your questions?

    Op mentions that money paid was for work done outside (over) PC allowance i.e. in addition to/an upgrade on what was included in the house spec. That has nothing to do with developers financial situation.


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    #26
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    The only logical conclusion is they don't care about these issues.

    They know you'll sign and you'll be stuck with any problems.

    They don't care if they sell to someone else or you. Makes no difference to them.


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    #27
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Specialun wrote: »
    ... i have invested time money and emotion into finding a house. respect isnt much to ask for....

    No one cares. Its only about the money.


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    #28
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    If you sign/pay those questions will never be answered. It's up to your professionals to advise you on the possible implications of this and then you need to decide based on what they've told you if you want to:

    a. Tell them that f*ck off until they answer the questions in the hopes they'll answer and then hope the fix it but knowing in your heart you'll sign anyway if they push back.

    b. Tell them to f*ck off and mean it. i.e. Don't sign until the questions are answered and walk away if they are not. You may as well threaten them with all sorts about compensation for what you've spent just to wind then up but you won't ever see it again.

    c. Sign and be done with it.


    B is the correct answer - very few have the balls to do it because people emotionally commit to houses once they agree a price. I say this in the knowledge that I probably wouldn't have the balls either - but I know some who do.


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    #29
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    Actually to correct myself slightly - there is the option of your solicitor collecting all the amount from you and holding back a certain sum until specific conditions are met. This requires the other solicitor to agree of course!


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    #30
    astrofool
    Registered Users Posts: 16,668 ✭✭✭✭astrofool


    Specialun wrote: »
    we have had no answers. the solicitor sent the questions. they claim they never got them despite us following up and getting no reply.

    theyre are ways to do business. i have invested time money and emotion into finding a house. respect isnt much to ask for.

    They don't owe you anything, least of all, respect.

    You putting 2k into a house you don't own doesn't matter to anyone but yourself.

    Realistically, the answers to those questions are bad, and that's why they are putting pressure on to get them ignored, it's up to you to go ahead or not given the worst case scenario answer to those queries. It is a common tactic to threaten to go back to the market to push a buyer to move forward, if they know you're already down 2k, they have more power over you as well.


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    #31
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Metric Tensor wrote: »
    If you sign/pay those questions will never be answered. It's up to your professionals to advise you on the possible implications of this and then you need to decide based on what they've told you if you want to:

    a. Tell them that f*ck off until they answer the questions in the hopes they'll answer and then hope the fix it but knowing in your heart you'll sign anyway if they push back.

    b. Tell them to f*ck off and mean it. i.e. Don't sign until the questions are answered and walk away if they are not. You may as well threaten them with all sorts about compensation for what you've spent just to wind then up but you won't ever see it again.

    c. Sign and be done with it.


    B is the correct answer - very few have the balls to do it because people emotionally commit to houses once they agree a price. I say this in the knowledge that I probably wouldn't have the balls either - but I know some who do.

    But, they've told the op the property is going back on the market in 3 days, what is the point of the op threatening not to sign it? As for compensation for money spent, the op didn't pay the developer, he/she paid a plumber (subcontractor) to do something outside the agreed spec, that has nothing to do with the developer.

    The op needs to take advice from his solicitor.


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