Republic of Ireland Law
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Hello for clarification - you have paid 10% deposit and have lived in this house since 2013 and have you paid rent to anyone? why did the vendors agree to this situation?
You say that you signed a contract to buy a house. Do you know whether contracts were ever exchanged? The reason is that until such time as contracts have been exchanged, there is no contract to purchase.
You say that your new solicitor sent a notice to complete that was ignored so I’m not certain why that was not enforced.
I don’t have all the paperwork were all the facts here but from what you have told me, there is a contract (if it was exchanged whereby you pay 10% and provided there is no provision to the contrary, you are entitled to purchase the property at the contracted price.
If contracts were never exchanged, then apart from there being no contract, you are entitled to your deposit back
.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
The situation is absolutely straightforward if contracts were not exchanged. There is no contract and you are not obliged to buy and he is not obliged to sell the property.
You are entitled to your 10% deposit back and you must leave on reasonable notice.
Whilst he may have an interest on your 10% (interest rates at the moment are buttons) it appears that you have been living in the property rent free so it’s not such a bad deal.
I’m happy to answer any specific points arising from this.
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If you still need any point clarifying, I will still reply because the thread does not close.
I’m afraid not. I would have mentioned it if you had. Law of Property Act 1925, any contract for the sale of land (buildings included) has to be evidenced in writing and signed by the parties. There is no contract.
If your solicitors and barristers advice is more favourable, then take it. They must have different facts than I have.
If contracts were not exchanged, there is no contract. It’s as simple as that. I have given you the statutory provision.
I cannot see however how contracts could not have been exchanged if there was a notice to complete because a solicitor will only send a notice to complete if contracts have been exchanged and the completion date has been agreed and not kept to.
However you say that the other party didn’t sign the contract and if they didn’t sign it, then there cannot be an exchange.
Just make sure that of your solicitor is encouraging you to litigate, he is doing it on a no win no fee basis with a guarantee that you are going to win because I am not convinced. Sorry.
I’m sorry, I didn’t know you were in Ireland. It has come through as United Kingdom law. The Law of Property Act 1925 and its provisions may be completely different in Ireland. I will opt out for another expert.
1. DearCustomer I am an Irish lawyer and I will answer your question.
2. Essentially, if the proceedings you have issued did not include a clause asking for specific performance, then you should include a claim for specific performance and continue with them. At this stage you have nothing to lose and you will get an offer to ask you to leave, if nothing else.
3. I have read your question. What is the problem?
4. As you have a lis pendens in place, the property cannot now get sold. This gives your case a buyout value.
5. However, if you haven't included a claim for specific performance, you cannot purchase the property at the original value. So, this is why you need to amend any proceedings to include a claim for specific performance.
6. A claim for breach of contract only gives you a right to damages. It does not allow you to keep the lis pendens in place.
7. Because you have delayed so long in issuing proceedings, it has made your case much weaker. However, your case still has a buyout value, so you should continue with it.
8. Delay defeats you in getting specific performance. Because you have waited so long, the Court may not exercise its discretion in your favour in granting you a right to buy the property.
9. If you didn't ask for specific performance, you can now either seek to amend your proceedings or you can forget about it.
10. But you won't get the property as you haven't asked for specific performance.
11. It makes no difference that the vendor has never made his intention clear. It is up to your to decide what you want.
12. You can amend them. But you should serve the proceedings first as otherwise you might also be out of time for service.
13. I cannot give you an opinion on the strength of your case as at the moment you only have a money claim. I can tell you that you will get compensation for having been messed around. However, you won't get the property as you haven't pleaded a case for getting the property.
14. You made a mess in drafting the pleadings.
15. It does not matter what the claim says. Once you didn't ask for specific performance, you made a grievous error.
16. You still need to ask for specific performance, as you haven't pleaded any right to the property. You won't get any declaration you are owner of the property because you haven't pleaded specific performance. You need to either amend or you simply have a claim for money as it stands.
17. You should serve the proceedings and immediately put down an amendment, to include specific performance.
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19. You need to speak to whoever is going to represent you about costs. I cannot give you an answer to that. That is like asking how long is a piece of string.
20. Yes, it does. It means there is no concluded agreement for sale. So, you won't get specific performance.
21. Yes, I read the dialogue. However, you need to be aware that the owner will get an order for ejectment if you cannot establish a right to the property. There is no such thing as remaining there indefinitely, not paying rent.
22. Essentially, if you don't leave, then the owner will seek an order for ejectment. As I have already stated, you will be ejected unless you can establish a right to the property. In this regard, because the vendor didn't sign the contract, you won't get an order for specific performance, so you won't get the property.
23. Your case for the property is hopeless. So thinking you are going to get the property is foolish.
24. If parties don't litigate, then solicitors don't make any money. Unless there is something else....
25. You can sue him for damages, which is what you are already doing. But you cannot get feathers off a frog! So, it seems pointless if this man hasn't any money.
26. Essentially, you are relying upon acts of part performance.
27. However, allowing you in, is not a sufficient act of part performance when the contract was unsigned. No court will buy that argument.
28. I would advise you to get an actual barrister's Opinion from someone who has experience in the area.
29. I am afraid the solicitor is telling you what you want to hear.
30. My professional Opinion is that you won't get specific performance when the agreement was unsigned.
31. I cannot advise you on what to do. You have to make that decision yourself. However, the law is not on your side when you want the property. That is the only advice I can give you. The facts aren't in your favour when there was no signed contract. Your solicitor should have told you that when it occurred.
32. Yes, you can recover damages. However, be aware that this vendor will receive legal advice as to his position being strong. So, you shouldn't be unduly optimistic about getting the property cheap. He will want nearly full value.
33. The law is in his favour. You should be wise enough to realise that the reason your solicitor would not continue to act for you when you were seeking the property was because your case was weak.
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38. Best wishes.