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Irish law on house sales / divorce

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  • 16-05-2018 4:50pm
    #1
    procman
    Registered Users Posts: 3 ✭


    Anyone have any ideas here, this is baffling

    If you are getting divorced and the family home goes up for sale, a buyer is found but nothing is signed, no contracts are drawn up.

    Then agreement is made between the two parties getting divorced where one keeps the house and 'buys the other out'

    The auctioneer that had the interested party is notified that the house is no longer for sale and then the auctioneer sends a bill for the full percentage that they would have received if the house was sold, stating that they are legally entitled.

    Can anyone throw any light on this please, surely this cannot be the law in Ireland???


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


    They have to pay for their advertising etc. Read the contract (with the EA) that's what you will have agreed to.


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    #3
    procman
    Registered Users Posts: 3 ✭procman


    Samuel T. Cogley wrote: »
    They have to pay for their advertising etc. Read the contract (with the EA) that's what you will have agreed to.

    Thanks for the fast response - that's what i would have expected, as in just the advertising - so they have no right to try and claim anything more than that ? can i find more detail on that anywhere online ? i've looked but i'm not sure where to go


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    #4
    Wesser
    Registered Users Posts: 1,813 ✭✭✭Wesser


    Read the contract you signed with the agent .

    It has nothing got to do with your personal arrangements / divorce etc.


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    #5
    antoinolachtnai
    Registered Users Posts: 9,792 ✭✭✭antoinolachtnai


    Wesser wrote: »
    Read the contract you signed with the agent .

    It has nothing got to do with your personal arrangements / divorce etc.

    Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.


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    #6
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    antoinolachtnai wrote: »
    Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.

    His job was the sell the house. The house wasn’t sold. Deals fall through all the time


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    #7
    bleary
    Registered Users Posts: 495 ✭✭bleary


    Yes deals fall through in good faith. In that case usually advertising fees paid. In this case they introduced a willing buyer but it appears the vendors were just using it to gauge a price . So fees may be applicable


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    #8
    antoinolachtnai
    Registered Users Posts: 9,792 ✭✭✭antoinolachtnai


    godtabh wrote: »
    His job was the sell the house. The house wasn’t sold. Deals fall through all the time

    His job was to find a willing buyer. He found one. The house was sold.


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    #9
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Once the seller found an alternate buyer for the property, after the estate agent did- the EA would normally be entitled to be paid.
    You can't just use an estate agent to guage a price for a property- and then expect not to pay them.........
    Have a look at the contract with the estate agent- it will spell out the consequences of the owner finding a buyer elsewhere- normally the estate agent is due their complete fee.

    ?


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    #10
    procman
    Registered Users Posts: 3 ✭procman


    In this case there was no new buyer found (however the EA did have a buyer lined up) - one of the parties was already living in the house, bought the other one out, say for arguments sake the house was worth 250k - there was 50k outstanding on the mortgage and settlement was for 100k, the EA then demands their % on 250K from the person that was bought out, even though the house wasn't sold, as such.

    Didn't see anything about that scenario in the documentation received from the EA


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    #11
    C3PO
    Registered Users Posts: 3,760 ✭✭✭C3PO


    In equity and I would guess also legally the EA is entitled to his fee ... or certainly the vast majority of it!


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    #12
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    godtabh wrote: »
    antoinolachtnai wrote: »
    Why would the agent not get paid? He did his job and the vendors got the benefit of his skill and diligence.

    His job was the sell the house. The house wasn’t sold. Deals fall through all the time
    Often his job is to get it to sale agreed. Read the contract.


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    #13
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    As I honestly think the OP isn't going to countenance any responses that run counter to the notion he/she has in their head- regarding their obligations to their estate agent- I am closing the thread.

    OP- read the contract you signed with the estate agent- it spells out your obligations and rights- alongside those of the estate agent.
    Please do not open another thread on this topic- without clearing it with me.

    Regards,

    The_Conductor


This discussion has been closed.
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