Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

All contracts signed - communications all dead in the water.

Options
  • 13-03-2020 5:53pm
    #1
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,237 Mod ✭✭✭✭


    Hi all. Need some advice.

    Sale agreed. We have signed contracts two weeks ago and, based on discussion with the estate agent, they have apparently also signed since last Friday.

    Since then our solicitor is yet to get back to us on what’s going on despite us sending several calls, texts and mails. We are due to give notice or else sign a new 1 year lease in our apartment.

    We need to be aware of all our options here, including pulling out of the sale.

    Can anyone give guidance on what to do in terms of getting more information. I presume there is nothing we can do to pull out at this stage without losing the deposit (who gets that deposit by the way?).

    We are so tired of our solicitor. He went off on two extra weeks vacation in Jan, we were asked by a receptionist to sign the contracts without him being there and now this.

    Any advice is appreciated on how to get clarification.


Comments

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


    Absolutely no need to sign a new one year lease. You have Part IV rights.


  • Options
    #3
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,237 Mod ✭✭✭✭FutureGuy


    And what if we just decide we don’t want to purchase at this stage?


  • Options
    #4
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    FutureGuy wrote: »
    And what if we just decide we don’t want to purchase at this stage?

    You've signed the contract. At the very least youd lose your deposit.

    Vendor gets deposit.


  • Options
    #5
    banie01
    Registered Users Posts: 16,744 ✭✭✭✭banie01


    FutureGuy wrote: »
    And what if we just decide we don’t want to purchase at this stage?

    You have signed a purchase contract.
    The vendor is perfectly within his rights to sue to enforce specific performance and force the sale at the agreed price.

    The very least you should expect is the loss of your deposit.
    If contracts are signed, a closing date will be specified.
    Has your closing date passed?
    Mortgage drawdown, conveyancing and other work all to be undertaken and all take far longer than 2 weeks.

    What communication is needed or do you feel is missing?


  • Options
    #6
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,237 Mod ✭✭✭✭FutureGuy


    banie01 wrote: »
    You have signed a purchase contract.
    The vendor is perfectly within his rights to sue to enforce specific performance and force the sale at the agreed price.

    The very least you should expect is the loss of your deposit.
    If contracts are signed, a closing date will be specified.
    Has your closing date passed?
    Mortgage drawdown, conveyancing and other work all to be undertaken and all take far longer than 2 weeks.

    What communication is needed or do you feel is missing?

    The closing date was two weeks after signing of contracts. We signed and we understand they signed last Friday. That’s one week gone. We have not heard from our solicitor since last Monday. He said he will contact us when the contracts are with him. Radio Silence since then.

    If they have signed then I’m the contracts are still with their solicitor or with ours. We have no clue.

    We have everyone from our end done as far as we know. He said once we get the contracts back, he’d request funds from the bank.


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


    You can issue a 28 day notice to the vendor if I recall correctly from my house purchase. Solicitor will advise but it sounds like that's an issue.


  • Options
    #8
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,237 Mod ✭✭✭✭FutureGuy


    Samuel T. Cogley wrote: »
    You can issue a 28 day notice to the vendor if I recall correctly from my house purchase. Solicitor will advise but it sounds like that's an issue.

    What is that exactly?


  • Options
    #9
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    FutureGuy wrote: »
    What is that exactly?


    Gives them 28 days to complete and if not then I'm not sure as we didn't get that far.


  • Options
    #10
    FutureGuy
    Moderators, Computer Games Moderators Posts: 15,237 Mod ✭✭✭✭FutureGuy


    I’m reading across a number of forums and apparently banks and solicitors are going silent this week. Not responding to calls etc.

    I also read elsewhere that it would be quite common for a purchasers solicitor to include a clause to that says a contract is null and void of any issues occur with financing if the mortgage. Is that true? When we sighed we were told once we both signed, you couldn’t get the deposit back. I’ll need to put eyes on the contract to see what it says but I don’t remember anything like that.


  • Options
    #11
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    FutureGuy wrote: »
    I’m reading across a number of forums and apparently banks and solicitors are going silent this week. Not responding to calls etc. . ..

    In my experience dealing with solicitors or banks everything takes ages. I imagine people are scrambling for childcare or having to make alternative working arrangements or even unpaid leave. It's bound to slow things.


  • Advertisement
  • Options
    #12
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    FutureGuy wrote: »
    I’m reading across a number of forums and apparently banks and solicitors are going silent this week. Not responding to calls etc.

    I also read elsewhere that it would be quite common for a purchasers solicitor to include a clause to that says a contract is null and void of any issues occur with financing if the mortgage. Is that true? When we sighed we were told once we both signed, you couldn’t get the deposit back. I’ll need to put eyes on the contract to see what it says but I don’t remember anything like that.

    It is for the purchaser's solicitor to insert a subject to loan clause in the contract. You need clarification from your solicitor as to whether or not he has been given a signed contract by the other side. Until he gets such a signed contract back nothing happens.


Advertisement