# solicitors duty of care for paying outstanding fees



## lantus (8 May 2014)

We have a situation where we have become aware quite by accident that a property sale transacted and the outstanding fees were paid to an old managing agent whose services had long since terminated 2 years prior to the money being paid out. The bank acting as the seller claim this is a personal dispute between us (the OMC) and the old agent and nothing to do with them. What are a solicitors duty in this regard? They claim that contacting the agent only without any director involvement is 'normal' and they were well within rights to do so.


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## mf1 (8 May 2014)

I think you now pursue the purchaser for the outstanding arrears. They have not been paid to the OMC and are still outstanding. The purchaser will, rightly, go back to their solicitor , and ask them why this matter was not properly resolved. Requisition 37 should have opened all of this up.

mf


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## Bree Narran (15 May 2014)

Hmm does the solicitor not have to ensure they are paying the right person.
I assume the solicitor would check cro for the registered business address?
If he^she didnt that is their error.  I would be chasing 
The solicitor.


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## mf1 (16 May 2014)

The Management Company have no relationship with the purchaser's solicitor. It would be entirely inappropriate, and outside their remit, to engage with the purchaser's solicitor. 

The Management Company have a contractual relationship with the purchaser under the terms of the Lease. The purchaser has a contractual relationship with their solicitor. 

mf


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## Bree Narran (16 May 2014)

Law society?


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## Bree Narran (19 May 2014)

Complaint re solicitor or seek advice to/ from law society?


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## mf1 (19 May 2014)

Bree Narran said:


> Complaint re solicitor or seek advice to/ from law society?



I suspect you are being deliberately mischievous. 

No further comment from here.

mf


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## Bree Narran (19 May 2014)

Absolutely not.

I have done a few requisitions in the last while but not an
Expert by any means.

The solicitor when requesting the doc. Writes to
The company business address which does not seem to have happened in this case unless of course cro was not updated.  

If the agent was not working for the omc for 2 yesrs i assume they changed their address.. solicitor to me could be at fault here


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## Seagull (20 May 2014)

How were the fees paid? If it was by cheque, it should have been made out to the management company, rather than the management agent. If the old management agent were aware that the money was not for them, and indicated they were still acting as the agent, then it might become a matter of fraud. A quick call to them and a mention of the gard fraud squad might persuade them to pay the money over to the management company.


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## Bree Narran (26 May 2014)

Agree with above.  Contact the gardai


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## lantus (15 Sep 2014)

The cheque was made out to the agent late 2012. The agent 'was' the company secretary as well. However they ceased being agent 2010 and ceased being the sec in June 2012 when new directors and sec were appointed. The documentation we have seen has been made out from the agent as the letter head in all cases and NOT the secretary.

Not sure how they were contacted as the CRO records would clearly show the new directors much earlier. As they were neither agent nor secretary and have not passed the money on to the company. It would appear that they have deliberately obtained this money through potentially fraudulent means and been happy to hold out a hand to take it. Also, disclosing personal financial info when they had no rights to do so would be a data protection breach. In fact they should no longer be holding this information.

We don't know what req 37/MUD act info was issued but as they had no legal standing to operate on behalf of the company it must all be 'made up'. That would be fraud as they essentially posed as agents on behalf of the company.

Will contact purchaser. Sure they will be delighted!


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## Seagull (16 Sep 2014)

Have you been to the gardai with this? It would be interesting to hear their take on it.


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## Time (16 Sep 2014)

They would probably say it is a civil matter and to take the matter up with your solicitor/law society.


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