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Right or wrong time to pull out of a sale

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    #32
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119096608#Comment_119096608

    Wrong, property purchase is not covered by consumer law, but service contracts are.



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    #33
    Donald Trump
    Registered Users Posts: 19,538 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/119096656#Comment_119096656


    Wrong yourself

    Contracts for land must be in writing. That comes from the Statute of Frauds Act from way back in 1695. It is incorporated into the Land Conveyancing and Law Reform Act of 2009

    Here ya go:

    51.— (1) Subject to subsection (2), no action shall be brought to enforce any contract for the sale or other disposition of land unless the agreement on which such action is brought, or some memorandum or note of it, is in writing and signed by the person against whom the action is brought or that person’s authorised agent.


    https://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#sec51




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    #34
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119096667#Comment_119096667

    That is to do with sale/disposition of the property, not with the service of facilitating/advertising it. Service contracts can be written or verbal. The auctioneer is neither the buyer nor the seller.



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    #35
    Donald Trump
    Registered Users Posts: 19,538 ✭✭✭✭Donald Trump


    The poster you replied to wasn't talking about an auction

    A different poster talked about an auction and I pointed out they could be held to it in that case in a different post


    The post you told me was "wrong" merely said contracts for property have to be in writing. They cannot just be verbal - as you think. There can be evidence in the form of writing which is not the contract itself which could convince a court but that is not relevant to what you said.



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    #36
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119096804#Comment_119096804

    Ah, I see what’s happening. The thread was resurrected and a poster added a post about backing out of an agreement with an EA to sell their property. That was the post I was replying to. The agreement for the advertising of a property with an EA can be verbal or written as it is a consumer agreement. The actual sale/disposition of the property must be a written agreement between the seller and the buyer as per the legislation you linked.

    In replying to Harbourside, my post, the one you quoted is correct, the agreement between the consumer and the EA can be either verbal or written to be binding, that agreement is NOT covered by the legislation you quoted as the EA is not a party to the sale/disposition contract.



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    #37
    Donald Trump
    Registered Users Posts: 19,538 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/119096839#Comment_119096839


    No, documentation between the person and the EA could be used as memoranda, even if not intended to be as such, however they would still need to be in writing.

    Me simply telling my EA that I will sell my house to Jimmy is not an enforceable contract.



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    #38
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119096844#Comment_119096844

    Try reading harbourside’s post before you post again. This is one of the reasons I get pissed off when I engage with the crap you post.

    There is no sale agreement, harbourside engaged an EA to market his/her house, now has decided to advertise it his/herself without the EA.



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    #39
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    You've given it a year and they couldn't get their act together. Not your problem. In that year were you paying rent, did the house you are buying now go up in value? He's cost you 10's of thousands. Tell him you are sorry it didn't work out you really liked the house but after giving it a year you couldn't turn down the other house you need to move on with your life.



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