# Where does "Requisition 37" come from, does it need to be updated for MUD?



## Bree Narran

Does anyone know where Req. 37 comes from ?

Were the questions compiled by management agent, management company or by solicitors?

I have a copy of one but wonder should the questions be updated taking the MUD legislation into account?


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## mf1

Law Society Conveyancing Committee

Your solicitor will give them to you

mf


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## Bree Narran

Sorry should have said we are not using a solicitor.


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## lantus

We have received both a pre contract MUD act requisition AND a req 37. They are generally very similar but the MUD act one does have a few additional items from memory.

You could just request that they provide you with a MUD act updated version.


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## Bree Narran

Thanks Lantus.

_pre contract MUD act requisition AND a req 37._ 

We have decided to not engage a solicitor for 2 reasons;

1. when we had an agent involved we were oblivious to the fact that a req. was even required so directors feel all will be more transparent

2.  If we charge what the agent was charging; that is €200 it can go towards debt collection


However do question if it is worth it as seems we need to purcchase certified copies of memos and articles and certification of incorporation and possibly more.

Also concerned that we miss something?  

On another note does the solicitor provide the company with a copy of the counterpart lease signed or any other documentation.

what is the consensus?  Are we better off to engage a solicitor?


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## lantus

I would imagine that a solicitor would get you to fill out almost all the form anyway as ultimately you are responsible. All you need is the last year accounts to issue and budget and the rest is on CRO plus what is typically some straightforward questions.

These forms are generally quite easy and once you have done one they repeat. The only key issue is the service fee arrears which needs to be declared and paid for prior to the sale.

You cannot really miss anything as the sellers/buyers solicitor will check these forms anyway and if there is any issue they will contact you. No real need to pay another solicitor just to say your a management company and the service fee is X, your sinking fund is Y and here are the company accounts.


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## Bree Narran

_*the rest is on CRO* _

The request on req 37 is  for *certified copies* so I am guessing that means we cannot just download from CRO  for the usual €4 - that they have to be purchased which i think costs about €40?  


In relation to the service charge.  If an owner is selling say half way through the year.. does he/she pay half the fee or is the whole financial year monies requested?


What is an appropriate time to have form returned?

And is €200 the average charge to the buying solicitor?


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## lantus

we have never been pushed for the certified copy by any solicitor on any of the sales we have done although the focus of each firm can be slightly different. If they did insist then of course we would provide it.

In terms of half year sales your articles should state that the service fee is due on Jan 1st and paid in full regardless of whether they moved in June or 31st of December. I don't think half year fee's are in any way workable. Its like someone saying they want the sinking fund refunded because they never used it.

In terms of response times it will depend on the directors/agent but 7-10 days is not unreasonable for the minimal amount of work involved. 

Obviously ALL outstanding fee's will of been paid prior to this form being completed and returned!


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## Dermot

In relation to the the service charge the owner at the time it is due pays for the year ahead and normally what happens at the time of the sale the two solicitors involved in the sale/purchase apportion the service based on how much of the service charge year has passed on the date of completion of the sale


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## Bree Narran

Seems there are 2 -options ; either the seller pays full amount for year ahead and the solicitors organises it so he/she receives amoubt owed by buyer dated from closing or the company organises the spportionment obtsining
Monies from both buyer snd seller.  Our agent opted for the second option.

We have not yet heard from anyone re. And the sale agreed sign so perhaps thw buying solicitor has all the info equired either through cro or seller.


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## Bree Narran

Sorry above post meant to read.  We have not been contacted as yet by solicitor and ad the sale agreed sign is up perhsps we wont?


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## lantus

Bree Narran said:


> Sorry above post meant to read. We have not been contacted as yet by solicitor and ad the sale agreed sign is up perhsps we wont?


 
the property will have to go sale agreed before contracts are exchanged. Its a part of the selling process and the seller and their solicitor could be held legally accountable if they don't contact the OMC and make all required enquiries and pay outstanding fees. The buyer would be incredibly stupid to purchase without outstanding fees of being paid as he would then be responsible for this debt.


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## Bree Narran

The sale agreed sign now down... my understanding is that 
New owner due to move in.... no word from solicitor.

Seller paid in full and requested a receipt.


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## lantus

Bree Narran said:


> The sale agreed sign now down... my understanding is that
> New owner due to move in.... no word from solicitor.
> 
> Seller paid in full and requested a receipt.


 
seller paid all the outstanding service fee's? That's half the battle.

not sure if the purchaser is legally required to get a 37 doc completed but it would be odd for it not to happen. Also, how do you intend to get the name and address of the new owner? I would request the seller to provide the purchaser contact details.


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## Bree Narran

Yes, I agree.  Will wait and see what happens.

Seller no longer living there.


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## lantus

Bree Narran said:


> Yes, I agree. Will wait and see what happens.
> 
> Seller no longer living there.


 

Bizarrely we are now in a situation where we have received no notification of a sale and only heard about it from third parties. The seller seemed to think that it would be ok if the new owner just gave us a ring to let us know (because of course that would be solid legal proof that a property had been sold if someone I'd never heard of just rang me up and said he now owned property XY and Z.) Apparently it has now completed.

As I understand it the req 37 and MUD act pre contract IS a legal requirement and should form part of a standard conveyance. If anyone can confirm this please advise. Looks like the company solicitor will need to get involved unless the purchaser complies.


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## Bree Narran

As I understand it the req 37 and MUD act pre contract IS a legal requirement and should form part of a standard conveyance. If anyone can confirm this please advise. Looks like the company solicitor will need to get involved unless the purchaser complies

Im wondering now is it a legal requirement.
Received a letter today fron vendor's solicitor and he is requesting
Copy of block policy... nothing else other than querying payment of service 
Charge.


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## Bree Narran

Oh and interestingly it is a house that is selling so not sure
Why he would ask for block insurance.
Also very poorly written letter from the legal eagle.


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## Bree Narran

So I phoned the solicitor who is acting on behalf of the vendor and asked 

" do you want a completed req 37"

He replied "yes would be no harm"

Advised there is a standard fee of €200 and will complete as soon as same received.

He seems happy with that.


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## Bree Narran

Fee of 200 received and an updated mud appliable requisition form sent.
All good


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## Bree Narran

I must say this is working out well.  
Prior to forwarding req 37.  We request satelite dishes be removed


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## Bree Narran

*mud pre contract enquiries*

So we received a second documentation request from a solicitor( pre sale enquires)

 This time we were given 2 forms, req.37 plus mud act form.

 MUD ACT not straight forward and tbh finding questions difficult to translate to plain English.

 anyhow question asks

 Provide written documentation that the documentation specified in schedule 3 of the mud act has been furnished to it.

 Has anyone filled this in. Am reading schedule 3 of the act and we donot hold the documents referred to.

 Any help appreciated.


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## Bree Narran

Administrator - perhaps this should be a new thread?

 This is what the solicitor wants us to confirm we have

* Pursuant to Schedule 3, Section 31(2) – The following list of estate documentation​ should be handed over by the developer to the OMC;​* •​​​​​​​​​Confirmation that the development has been completed in compliance with​
statutory requirements​ •​​​​​​​​​Certification confirming that any financial contributions for planning have been paid​
 •​​​​​​​​​Safety file​
 •​​​​​​​​​ʻAs builtʼ structural drawings​
 •​​​​​​​​​ʻAs builtʼ service drawings​
 •​​​​​​​​​Operational & Maintenance Manuals for plant & equipment​
 •​​​​​​​​​Warranties & guarantees with the benefit transferred to the OMC​
 •​​​​​​​​​Maintenance Contracts relating to the development​
 •​​​​​​​​​Test records for drainage, water pipe work and heating pipe work​
 •​​​​​​​​​Schedule of plant, equipment and fire protection systems specifying their​
expected useful life​ •​​​​​​​​​Title documentation for common areas and reversion​
 •​​​​​​​​​Stamped & registered counterpart leases​
 • Documentation and records relating to the OMC


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