Contracts Exchanged, but vendor getting cold feet

NoRegretsCoyote said:
Neither the brain injury nor the OP's subjective assessment is relevant here .

The contract was signed by someone presumably of sound mind who seems to be getting cold feet for whatever reason.

The question is what the OP should do.
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thanks coyote , i regret the trajectory this thread has been seemingly derailed towards
 
BTW , the money to buy this house was derived from farm land i sold late last year , i thought about planting it in trees but decided against in the end , the land was rented to a farmer for a good few years but he had no one to carry on and chose not to continue renting it , my other half was not keen on the idea and you cant make decisions entirely on your own at the end of the day , im a cash buyer here , not terribly relevant but thought id mention it
 
galway_blow_in said:
exactly , if i am left with no option but to force sale through the courts , its not a stretch to imagine that the vendors ABI might be used as a defence for his actions , i
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You could gamble a few thousand and initiate proceedings. None of us know the extent of the brain injury, but if it's at the lower end of the spectrum they are hardly likely to want to go down the road of declaring themselves incapable of entering into a contract.

How many of these cases ever get to the courts? Quite a few years ago I was in a similar position and from the point of issuing proceedings to the vendor backing down and closing took ~3 months.
 
Leo said:
You could gamble a few thousand and initiate proceedings. None of us know the extent of the brain injury, but if it's at the lower end of the spectrum they are hardly likely to want to go down the road of declaring themselves incapable of entering into a contract.

How many of these cases ever get to the courts? Quite a few years ago I was in a similar position and from the point of issuing proceedings to the vendor backing down and closing took ~3 months.
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is there a risk he agreed to vacate , sale closed but then i discovered he was still living in the house and refused to leave ?

obviously i would have the law on my side in such a scenario but knowing this country , would it still take quite a while to evict ?
 
galway_blow_in said:
is there a risk he agreed to vacate , sale closed but then i discovered he was still living in the house and refused to leave ?

obviously i would have the law on my side in such a scenario but knowing this country , would it still take quite a while to evict ?
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You wouldnt let it get to that.

Insist on an inspection of the property on the morning of completion, to ensure that the property is vacant and is in the same condition as it was when you signed contracts.
 
galway_blow_in said:
is there a risk he agreed to vacate , sale closed but then i discovered he was still living in the house and refused to leave ?

obviously i would have the law on my side in such a scenario but knowing this country , would it still take quite a while to evict ?
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There is, if he refuses to leave you'd then end up going down the road of obtaining and enforcing an eviction order (a pre-close inspection should be carried out to confirm all personal possessions have been removed.) That said, if that happens you be able to recover the costs associated with that from the sale proceeds.

Your solicitor will advise on the potential scenarios and the costs involved.
 
Leo said:
There is, if he refuses to leave you'd then end up going down the road of obtaining and enforcing an eviction order (a pre-close inspection should be carried out to confirm all personal possessions have been removed.) That said, if that happens you be able to recover the costs associated with that from the sale proceeds.

Your solicitor will advise on the potential scenarios and the costs involved.
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thanks , my plans for the house involve leasing it to the local authority for twenty years , i absolutely do not want to buy with a person in situ , i would not be aghast at the idea of buying with someone in situ in a more desirable area but while this area is significantly above where i have another house ( bought in 2017 with vacant possession and leased to local authority since 2018 ) , its still not the kind of place i want to be a landlord in , thats no reflection on the person with ABI , he seemed fine the day i met him in terms of character but being a private landlord with this house is not something i want
 
galway_blow_in said:
he seemed fine the day i met him in terms of character but being a private landlord with this house is not something i want
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Understandable, but he could never claim rights to a tenancy there. My guess is the majority of people on the receiving end of a specific performance action fold and walk away pretty quickly. It's a long shot to get the sale reversed and they stand to lose significant money in the attempt.
 
spoke to my solicitor today , she is informing the vendor that closing date is april 1st and after that we will be serving a completion notice
 
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hi again , vendors solicitor wrote to my own solicitor yesterday , stating that his client now " wont be selling the house " and the word " innocence " was used.

what an unwelcome development , i certainly dont hold the vendors solicitor in much regards , allowing an unfit person to sign a contract ?
 
So, when is a signed contract not a signed contract? It's all well and good saying the person has an "injury" but if you want the house go for it. I would as I believe a deal is a deal and good luck. Too much sympathy, tears, and looking back in this country
 
Brendan Burgess said:
They are just trying it on.

Issue proceedings and they will change their tune.

Brendan
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Il issue a completion notice anyway , after that i will have to decide what to do , i asked the EA about the whole thing three weeks ago today and she said she was not aware of any plan to remain on but she did know her client was having trouble "finding a place to stay" ?

I said i hoped i was not being " gazumped " as the sale was agreed in early december of last year and prices are up even since then , she said she didnt believe that was the case , ive dealt with this EA before and she is honourable i believe but at the end of the day , its not her fight at this stage .

part of me does wonder if the vendor really did fail to understand the nature of a contract , would a judge by the time the thing went to court , be likely to show compassion and say he can remain on ?

impossible to know obviously but its a tricky one
 
spoke to my solicitor again today , completion notice was served April 13th , the vendors solicitor has now gone to ground as well , complete mess the whole thing.

my solicitor reckons the vendors solicitor is aiming to protect himself and that is why he is not engaging , my solicitor is going to phone the other solicitor to insist that they come to the table with something .

even i walked at this stage , the contract has to be rescinded and you need engagement for that .

im not saying i have ruled out pursuing this all of the way just to be clear
 
so the book will be closed on this one in the coming week , I will receive 8500 compensation which has to cover my solicitors fees as well , vendors solicitor claims his client is on disability and had to go cap in hand to his relatives for money , considering as recent as four weeks ago , the vendors solicitor was not willing to offer a red cent , its about the best outcome i could expect , while the law would have been on my side , i doubt a judge would force the sale two years down the line as its quite possible the vendor would be unable to find a replacement home for the agreed sale price

the house today is worth at least 180 K , such is the level of rise in Limerick since last winter , the lesson for me is never ever agree to buy a place where vacant possession is not abundantly clear , The EA told me when i was bidding last year that close of sale would need three months from the sale agreed point and the fact that the vendor has an aquired brain injury , should alone have warned me away , pity as it was a fine house which required no spend whatsoever
 
It is really tough for you not getting the house you bought at the price you paid. 2 years later you have no house and prices have gone up and you have been left with €8K compensation. Not surprised you feel hard done by, But you probably have the best outcome you could manage given the circumstances. Well done for persisting and trying to recoup something
 
Clamball said:
It is really tough for you not getting the house you bought at the price you paid. 2 years later you have no house and prices have gone up and you have been left with €8K compensation. Not surprised you feel hard done by, But you probably have the best outcome you could manage given the circumstances. Well done for persisting and trying to recoup something
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not " two years later " , i went sale agreed on the house november 2020 , contracts were signed the last day of February or thereabouts
 
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