selling house but issue with MUDS

I have never heard of MUDS or the MUD Act (Multi Unit Development) act but I did this week!

I am Sale Agreed with my house and going through the conveyancing stage with a closing date for late October. I have Tax clearance certificate from Revenue for my Property Tax and a payment history certificate for my Management Fees - happy days, no issues.

Yesterday my Solicitor said I had to pay €369 for MUDS which I had never heard of. She couldn't explain to me what it was though, just to cover communal areas like grass, paths and lights. But I thought this is what my Management fees of €241 per annum pay? Without asking me my Solicitor paid the amount of €369 which will be recouped out of the proceeds of sale.

Today I rang the Management Company twice and asked to speak to someone who could explain what this MUDS is about. There was nobody who could tell me and I was told a senior member of staff would ring me back (twice). This didn't happen. So I am in limbo and very confused as to whether I am liable to pay these MUDS fees and what they are for?

Can anyone help, in layman's terms if possible. Many thanks

kippy

It's basically a fee that the management agent will charge to produce the documentation that your solicitor had asked for in order to satisfy the buyers solicitor that all is in compliance with the MUD act in the estate.

It's essentially an administration fee that you have to pay. It's totally separate to management fees.

The documentation usually contains the legalize about compliance within the estate and the audited accounts etc.

Another 'benefit' of living in estates that aren't taken in charge.

The fee wouldn't be standard, it would depend on the management agent.

I know when I sold and had a similar fee to pay I managed to negotiate a decent discount as I had been on the board of the management company for years and had a good relationship with the agent. Not something open to everyone.

Another cost associate with conveyancing!

MUD Act:

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.irishstatutebook.ie/eli/2011/act/2/enacted/en/html&ved=2ahUKEwjb7PSI5Kv6AhWJRsAKHTeFB_MQFnoECAkQAQ&usg=AOvVaw0US-PqkIKajF4cwavz2F7_

Thanks for that. So the liability is on me, not the buyer to pay this? I feel I am being fleeced TBH, VAT on top of every single bill too. It means between my management fees and this MUDS thing, I'm paying about 3 times the rate of my property tax and over half the rate of my Solicitors conveyancing fee to the Management company. Its a bummer .

All I wanted to know is that I am liable (not the buyer) and that this is a legit payment that needs to be paid. I couldn't get clear answers from either Solicitor or Management company. Next time I will buy a house on its own, not in an estate. (I'm moving to a rural area)

shesty

The problem is the estate hasn't been taken in charge by a Council.

If it had there would be no Management company, and no fees.Management companies are often a law unto themselves.

Jmc25

When I sold an apartment I paid the management agent this admin fee rather than the buyer. My solicitor/estate agent said that's how it usually works and neither suggested passing it onto the buyer. Might be worth raising that through the estate agent/solicitor.

gipi

https://www.boards.ie/discussion/comment/119657600#Comment_119657600

Not always the case. I lived in an estate which was taken in charge by the council, it also had a management company (and annual fees). The fees were used to take care of the open spaces, as the council don't take on this work any more. I had to get MUD documents from the management agent when selling.

Caranica

It's always a seller's cost and a buyer's solicitor wouldn't let the sale go through without this documentation being provided. It's very standard and something all owners in MUDs should be aware of.

thanks everyone for your help. I hadn't heard of this before. Seems like money for nothing for the Management company. I will pay it now as at least I know its part of the conveyancing. I couldn't get clarity from Management company or Solicitor

https://www.boards.ie/discussion/comment/119657411#Comment_119657411

Sounds like typical Irish gouging at work.

€369.....can you get an itemisation of the cots of providing those documents to you?

https://www.boards.ie/discussion/comment/119659800#Comment_119659800

I think I might ask. Its pretty annoying as my fees to my Solicitor, my estate agent and Revenue for Property tax are all clear and broken down if necessary. This MUDS is just one lump sum with VAT on top, to basically press a button and print the same documents for every single house that sells in my estate. These documents are not particular to me as far as I know, they are generic.

kippy

https://www.boards.ie/discussion/comment/119659814#Comment_119659814

You can ask and you'll be told that it's a fee that the management agent charge for doing additional work, over and above that which they are paid for by the management company, hence the charge levied on the seller. The requirement of the documentation is standard practice as part of the pre contract queries that the buyers solicitors will raise about the property and title. The agent may be required to provide additional information over and above what has initially been asked for already.

Your solicitor would do the same on the other side if required.

A very learned person told me years ago that everyone needs to get their piece of the pie in the purchase/sale of a house and this is just another one of these relatively new fees that have to be paid to comply with the law.

Don't agree with it myself but don't agree with a lot of the requirements/laws/admin around conveyancing in general. It is overly complex.