Bought Apartment without Parking Space , in error

Fol20

footfall789 wrote: »

Thanks for all your replies .

My sister does not want to pay the €2,000 for the Car Parking space . So she went to another solicitor who will take on her case and she is going to Court . The new solicitor has said that she has a good case as it was mentioned in the advert that the Apartment came with an added benefit of a Car Parking Space. Also in the original contract ,where the Seller bought the Apartment from the Builder, it states that 'a parking Space' was included with the Apartment although it does not specify what parking space . However, seller has provided a separate deed and documentation that shows that the Car Parking Space was purchased separately for €2000 and has its own deed. I hope the solicitor knows what he is doing , he has given a caveat that if for some reason they loose it could cost her up €10,000 and she would still have to purchase the Car Park Space
.

It doesnt really matter what was advertised. The ea normally advertise with a legal spiel that this isnt legally binding. All that matter is whatever contract her solicitor signed.Normally when you buy a property your solicitor would confirm all this to check where parking space is located exactly. It sounds like her original solicitor didnt do this.

seamus

Tar.Aldarion wrote: »

I'm struggling to see how she would have bought the apartment and not talked through the space.

Solicitor ballsed it up I'd say.

If someone was a FTB or had never bought an apartment before, I can see how they may not even think about the parking space as a separate entity.

Any solicitor though I would expect to have picked it up and asked about it at least once.

Fol20

Keep us in the loop. I suspect on the info you have provided she will loose but im interested to see what happens. Legal aspects can be crazy sometimes on who wins

lawred2

You sure it's not 20k?

Your sister is a fool to be taking this to court, it’s going to cost her even if she wins and probably more than 2k. Why is she being so stupid?

antiskeptic

Abdiel Hallowed Waist wrote: »

Your sister is a fool to be taking this to court, it’s going to cost her even if she wins and probably more than 2k. Why is she being so stupid?

You can take a positive out of it. The sister has been going around life with her up her behind. I mean, if she can't see the utter nonsense she's engaging in here, it's likely she's applied that same nonsensical approach to other areas of her life.

It might cost her legal fees and a price hike in the car parking space.

But it's not a bad thing to get a life lesson and though pricey, it might stand her well

Phileas Frog

lawred2 wrote: »

You sure it's not 20k?

By the sound of things, it will be by the time she's finished.

dubrov

In fairness costs are generally awarded with the winner.
Assuming this is always true there are 2 scenarios

Scenario 1
OP's sister wins and gains a parking spot worth €2k

Scenario 2
OP's sister loses and has to pay her own and the other party's legal fees = 20k

You would have to be over 90% certain of winning to even consider taking this on.
I bet the solicitor doesn't think the chances of winning are anywhere near that level.
I'd say they is mostly thinking about the probability of themselves getting paid.

The maximum I would consider is the issuance of a solicitor's letter.
After that, it is time to negotiate and ultimately suck it up if 2k needs to be paid.

kirving

The "90% sure of winning" part makes perfect sense - on a junior cert maths paper.

I could afford to risk €20 in small claims court fees out of principal for the sake of a €2 item if I knew I was right and just wanted to make life difficult for a shop

But risking €20,000, when she could just buy it outright for €2,000 is absolute insanity. Even if she wins, it'll cost her €2,000 easily.

As far as I can tell the sell isn't even making a profit on it?

ShaneC93

Kevin Irving wrote: »

As far as I can tell the sell isn't even making a profit on it?

OP said the seller showed a document stating he bought it for €2K too.

If I were him now I'd tell the sister she has missed her chance at the discounted deal and go open market, he'd easily get €12K-€15K for it, if it's Galway city centre.

DublinCJM

I paid €20k for a space with my apartment 16 years ago and it would be next to impossible to sell the apartment on now without one.

€2k for a space is nothing.

And as mentioned above, unlikely that the owner could sell the space on the open market, would have to be to someone who also had a property in the complex.

Avatar MIA

DublinCJM wrote: »

… would have to be to someone who also had a property in the complex.

Would still find plenty of buyers looking to have a second car.

antodeco

OP, I'll gladly buy that parking space off the owner for 2K. Genuinely. I could easy rent it for €100 a month so I've made a profit after 2 years!

Avatar MIA

antodeco wrote: »

OP, I'll gladly buy that parking space off the owner for 2K. Genuinely. I could easy rent it for €100 a month so I've made a profit after 2 years!

I'll rent it off you for €100 per month...
























… and sub-let for €150 a month. :pac:

footfall789

Hi Again ,

got feedback from my sister re parking space . Her solicitor is now saying that the Judge may well go the 'Practical' route rather that the Legal one .

The Solicitor was saying that since my sister had an expectation that the parking space was included with the property and it was advertised as such , the Judge may have sympathy on my sister and give it to her because my sister assumed she was getting it.

Would people think the that the Judge would be 'Practical' and disregard the contract and give the parking space to my sister , It seems a bit dodgy to me .

Regards , Footfall.

deandean

Here is another possibility as to what's going on here.
Maybe the car parking space is indeed included with the apartment.
Maybe the seller is trying to extract a few extra quid i.e.a scam.
That would explain the low value being sought.

Edgware

If it was included it should be stated in the deeds or land registry file. Usually there would be a map showing the location if the space marked in red
and the space number.

The_Conductor

As you are effectively seeking legal advice, the provision of which we are not allowed entertain, I am closing this thread.