# Builders Charging Interest



## Rock786 (22 Jan 2008)

Hi everybody,

Me and my partner exchanged contracts with builder for a 2bed apartment for Dublin 13 in November 2006. Late in 2007 my partner lost the job and the mortgage was cancelled. We then went to our solicitor and told him that we will not be able to go ahead as my partner has lost a job and the mortgage has cancelled.

The builders then issued a completion notice to us and they are now charging interest on the remaining amount as we cannot close. On the other hand we went to different banks, but now looking at the current market situation, no bank is giving 100% mortgage on 2 bed apartment...with one person in job.

At this stage we do not mind loosing the deposit...but our solicitor is saying that the builder will take us to court...

Does anybody has the same experience, any advice or suggestion in this regards is very welcome....

Please help us...

Thanks


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## ClubMan (22 Jan 2008)

Sounds like you signed a binding contract and the builders are within their rights to act in this way. You should be guided primarily by the advice that your own solicitor has given or can give you since s/he is has the most detailed insight into the matter. Unfortunately you took a risk in signing contracts without being certain that you could follow through and it didn't pay off...


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## Rock786 (22 Jan 2008)

Thanks for the reply clubman, if builders will take us to court and we do not have money....what will be the consequences we can face.....


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## ClubMan (22 Jan 2008)

Have you not asked your solicitor?


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## Rock786 (22 Jan 2008)

Yes we have, he says they will get judgment against us....but he is not too sure!


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## ClubMan (22 Jan 2008)

Nobody can be sure what they *will *do. However a decent solicitor surely should know what they *could *do (legally)!!?


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## Stifster (22 Jan 2008)

agreed, there is only so much they can do, especially if the OP doesn't own property. 

It is early days, the solicitor should be trying to negotiate your way out of the contract on the basis that you lose your deposit and that is that. I'd be telling the builders solcitor that they will be a long time recovering form my impecunious clients...


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## Rock786 (22 Jan 2008)

Thanks stifster....we have already told this to our solicitor and he has already conveyed this to the builders solicitor but still they is no luck so far....


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## aircobra19 (22 Jan 2008)

I assume there was no mortgage protection? Or maybe it didn't kick in?


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## ClubMan (22 Jan 2008)

What do you mean? Mortgage protection life assurance (only relevant if a mortgage holder dies), mortgage repayment protection insurance (only relevant if the mortgage is taken out and repayments cannot be met - usually limited in terms of when and for how long it pays out) - neither of which seem relevant in this case since the mortgage was presumably never drawn down in the first place? Or do you mean something else such as insurance against losing mortgage approval and being caught in this situation (if such insurance exists)?


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## aircobra19 (22 Jan 2008)

Thats what I meant sorry. I think its called income protection. Its probably not a useful comment, after the fact. But it something to consider if stretched for a mortgage.


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## Rock786 (22 Jan 2008)

Thanks aircobra19 for ur reply, we do not have any income protection, somebody told us that we might go to prison as the builders will sue us for *specific performance.
*
Has anybody heard this sort of case before.....please help..if anybody can....


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## mf1 (22 Jan 2008)

The problem is that a lot of people are trying to pull out of binding contracts because they see properties in the same estate/block being advertised for less. Some purchasers can afford to buy the properties they agreed to buy but prefer not to. Some purchasers cannot find the money to complete, as in, they cannot now get the funds by way of a mortgage. 
Builders ( like them or loathe them) have binding contracts and they are entitled to enforce them. However, if it can be amply demonstrated to them the very real issues that really distressed purchasers are facing, they are less likely to seek to pursue the debt on the grounds that they will never recover the money spent on the case or the balance due on the property.   

But don't forget that there are people out there, who have money, feel its a bad deal and  who just want out of a binding contract. I can understand that they want out- but I don't understand why they think they should be allowed!

mf


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## therave (22 Jan 2008)

ask your solicitor will the builder allow a sub-sale. if it's going on since 2006 then the house has probably gone up significantly in value.
for the subsale.the house is assigned to u and you need to find the buyer but u will never get to live in the house as it passes from the builder to u to the new owner in more or less one transaction..but i would get a better solicitor first


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## Stifster (22 Jan 2008)

If you forfeit the deposit and the builder is still not happy and they want to sue you for the interest and any loss they may incur if they sell within the year, and if they issue court proceedings, and if they obtain judgment, and if you cannot satisy that judgement, and if they then seek to enforce the judgement by asking the District Court to set installment repayments, and if you fail to meet the installment order, they can then seek to have you sent to prison.

That is unlikely unless you bury your heads in the sand. If you are brought before the District Court for an installment order (a long way down the line in your case) the judge will set repayments according to your circumstances. 

It woudl be worth publicising, in that case, how the builders milked the boom, and (to paraphrase Bertie) when it got bustier, still tried to screw people.


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## Stifster (22 Jan 2008)

therave said:


> ask your solicitor will the builder allow a sub-sale. if it's going on since 2006 then the house has probably gone up significantly in value.


 
from today's indo.



> ANY house price increases in 2006 were wiped out by the downturn in the market over the past 12 months, a new report claims.
> 
> And the value of some second-hand apartments in Dublin have plummeted by up to 17pc.
> Despite this, the Irish Auctioneers and Valuers Institute (IAVI) last night insisted: "The worst is over."


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## therave (22 Jan 2008)

oops..still it might be worth looking into


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## Rock786 (22 Jan 2008)

thanks stifster for ur reply....so basically everything is out of our hands at this moment.....should we do something or just rely on mercy of builders?


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## Dublin13 (22 Jan 2008)

I'm in exactly the same position, I too signed a contract for a 1 bed in Dublin 13.  However I was very stupid and always thought that I could get out of the contract by just asking for my deposit back.  When I instructed my solicitor to tell the builder I could not go ahead - I never had received mortgage approval for the amout of the apt. - and my job didn't do well this year with its product, so promotion & bonus I was expecting didn't happen - I too was told how serious this is.  I am too praying on the mercy of the builder to release me from this contract.  I have sent them a letter, with copies of letters from brokers stating the mortage I would get would be significantly less than they are looking for.  I have been trying to see if any builder has taken anybody to court over this issue? I'm nearly sick - because there is absolutely no way I can afford this apt.


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## Rock786 (22 Jan 2008)

and what are the builders saying for you....are they going to take you to court or they are going to keep the deposit....


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## shipibo (23 Jan 2008)

Cannot see situation where prison will be an option, declare yourselves bankrupt maybe ....


are both names on the contract ??


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## Rock786 (23 Jan 2008)

Hi crumdub12,

Yes both the names are on contract....how can we go about declaring bankruptcy....we are already telling solicitors on both sides that we have no money....but still they are no listening....


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## Dublin13 (23 Jan 2008)

Hi Rock786. 
Can you tell me the last correspondence from builders solicitors.  Was there much correspondence between your solicitor and theirs or just 1 or 2 letters?  Did you send them proof from banks that you couldn't get mortgage they were looking for?  If its any consolation I am in exactly the same boat.  I wake up every morning with a knot in my stomach over this - it is very stressfull.  I don't know how long before the solictors on the builders side will say, we are going to take court proceedings against you - or we will release you from contract, but are keeping deposit.!


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## efm (23 Jan 2008)

crumdub12 said:


> Cannot see situation where prison will be an option, declare yourselves bankrupt maybe ....


 
From my recollection of reading the relevant posts on AAM I don't think that one can declare oneself "bankrupt" in the commonly understood meaning of the word, under Irish law (OT: my.....what a convoluted sentence!) 

As already laid out by Stifster what happens is the court makes a judgement against you and imposes a repayment schedule - if you fail to meet that they may send the sheriff after you (I think) and / or impose a jail sentence.

What does all that mean? It means you can't just declare yourself bankrupt and walk away from all your debts.


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## Rock786 (23 Jan 2008)

Hi dublin13,

We have sent two letters so far and my solicitor has spoken to the builders solicitors couple of times on phone....but they are willing to have no mercy on us.....i really wish that this sector was regulated...

what abt you....have ur builders started charging interest on the pending amount as well......???

Life is like hell these days....i cannot breath freely even for a minute....


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## ClubMan (23 Jan 2008)

Rock786 said:


> We have sent two letters so far and my solicitor has spoken to the builders solicitors couple of times on phone....but they are willing to have no mercy on us.....i really wish that this sector was regulated...


No offence but I fail to see what regulation or lack of it has to do with this issue. You (presumably) signed a binding contract, cannot follow through and the other party is simply enforcing their rights under this contract. Obviously it is and upsetting and difficult situation to deal with but it's not the fault of lack of regulation or any lack of consumer protection.


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## Dublin13 (23 Jan 2008)

Yes
I got a letter saying that because I hadn't closed, that I was being charged something like €70-80 per DAY.  Does anybody have any idea how long this could be drawn out for? Is it weeks or months before I know if I will be sued or just my deposit not returned.  Also on my contract, it is the legal secretary and not my solicitor who signed with me.  I never actually met my solicitor until I arranged an appointment to instruct him to tell the builders I want my deposit back.  I wonder if I could use this in my appeal to the builders. Any ideas anybody? Thanks


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## Rock786 (23 Jan 2008)

Hi dublin 13,

may be politicians or media can play a role in situations of people like us.....


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## ClubMan (23 Jan 2008)

Why should elected representatives have anything to do with a situation in which one party to a private contract reneges on the deal?


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## Brendan Burgess (23 Jan 2008)

Rock

You have asked a question. 
You have got some answers. 

It is not the place for discussing the pros and cons of regulation, etc. 

Brendan


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## Sunny (23 Jan 2008)

Maybe some media attention wouldn't do any harm. Sounds like the builder is playing hard ball so might not help you but it might help warn others about the consequences of entering into these contracts especially in the current market.

As much as I hate suggesting this. Maybe Joe Duffy could be the man!

Any chance of being allowed to flip the contract and trying to find someone take over the obligation. Might be difficult in this market but might be worth a shot?


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## Purple (23 Jan 2008)

Contracts are there to protect both parties. If your partner had not lost their job and the market was still going up and the builder tried to pull out of the deal I am sure you would not just let it go. 
I have huge sympathy for you, you are in a very difficult position but there is no moral stance to be taken. You need to get this resolved as soon as you can as the longer it takes the more it will cost you. Since you are the party that it in breach of the contract the builder could be well within his rights to go after you for costs as well.
This as a business/ legal issue, look at it from the perspective of how you can extract yourself from the contract with the minimum cost (but there will be a cost).


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## Dublin13 (23 Jan 2008)

Public representatives most certainly can and should be used re this situation. I appreciate that binding contract is legally bound. However, and I am not talking about situations where people want to renage on contract just because they change their mind. I am talking about a situation where financial circumstances change and NO financial institution will give you mortgage. Also, I was definately not legally advised re the consequences if I couldn't draw down mortgage. Life happens, it's not cut and dried - and that's where public representatation comes in.


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## Stifster (23 Jan 2008)

Dublin13 said:


> I'm in exactly the same position, I too signed a contract for a 1 bed in Dublin 13. However I was very stupid and always thought that I could get out of the contract by just asking for my deposit back. When I instructed my solicitor to tell the builder I could not go ahead - I never had received mortgage approval for the amout of the apt. - and my job didn't do well this year with its product, so promotion & bonus I was expecting didn't happen - I too was told how serious this is. I am too praying on the mercy of the builder to release me from this contract. I have sent them a letter, with copies of letters from brokers stating the mortage I would get would be significantly less than they are looking for. I have been trying to see if any builder has taken anybody to court over this issue? I'm nearly sick - because there is absolutely no way I can afford this apt.


 
I can't believe that you were let sign a contract without loan approval or at the very least a letter of offer.

Raise that point with your solicitor, though saying "_I was definately not legally advised re the consequences if I couldn't draw down mortgage_" does beg the question what would the common sense advice be in such circumstances.

Do you ahve any correspondence from around the time you signed the contract?


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## Dublin13 (23 Jan 2008)

Hi Stifster

Thanks.  No unfortunately,  I have no other correspondence.  I ran into the solicitors office - met the legal secretary - (as I have said I had never met the actual solicitor). I signed the contract and was very happy to do so. But she did verbally tell me to get the mortgage approval letter in principal.  I didn't because I wouldn't have gotton the mortgage I was looking for on my salary at that time.  To cut a long story short, a promotion, bonus, etc I was depending on did not happen.  In hindsight I realise I was a completely stupid and foolish to sign now that I am aware of the consequences, but that's my only mistake.  I would now be willing to say goodbye to my 8,000 deposit (which is a huge amount of money to me) - just for peace of mind re not being taken to court and sued. As I have said, I understand the logical, legal perspective, but we are dealing with people - and things just don't go according to plan sometime.


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## Sunny (23 Jan 2008)

Purple said:


> Contracts are there to protect both parties. If your partner had not lost their job and the market was still going up and the builder tried to pull out of the deal I am sure you would not just let it go.


 
I agree but I wonder what would the response be if the builder was suddenly not in a position to complete the contract due to financial problems but offered the OP back their deposit. Would the solicitors and other people on this site recommend that the OP takes a completion order against them and bring them to court even if the builder turns around and says we are in no position to complete the contract. Or would you just say, take the deposit back and put it down to experience? Which is probably what the builder should do in this case


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## mf1 (23 Jan 2008)

"I signed the contract and was very happy to do so. But she did verbally tell me to get the mortgage approval letter in principal. I didn't because I wouldn't have gotton the mortgage I was looking for on my salary at that time. To cut a long story short, a promotion, bonus, etc I was depending on did not happen. In hindsight I realise I was a completely stupid and foolish to sign now that I am aware of the consequences, but that's my only mistake. "

At least you are being completely honest which is worth (some) respect. And a few minutes of my time. 

I've just had a very nice lunch (hic!) with an old friend who is a Builder's solicitor. She has a lot of similar cases on her desk. Her advice to her client is (a) what his legal rights are (b) in reality, what it will cost to get an order enforcing the contract which may never end in completion and the handing over  of closing funds. Her instructions? Take the deposit in every case. Selectively go through the excuses being offered ( many bogus and many, in fairness, reflecting difficulties in getting finance) and seek to complete where possible. Where it is patently never going to complete, keep the file open. If there is an upturn, maybe, maybe, allow the purchaser out. 

And can I ask the question? Do people think solicitors are like Guardian Angels - armed with a Magic Wand to prevent bad things ever happening to people? Or do they think they are simply advisers, like accountants, where ultimately clients must make their own decisions?   
Do people think ( and it often happens on this Board) that solicitors are responsible for digging clients out of holes of their own making at no cost to the client? I get a  huge sense of : I'm an adult, I don't like the situation I'm in, I want out of the situation, who can I blame? 

mf


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## Sunny (23 Jan 2008)

mf1 said:


> And can I ask the question? Do people think solicitors are like Guardian Angels - armed with a Magic Wand to prevent bad things ever happening to people? Or do they think they are simply advisers, like accountants, where ultimately clients must make their own decisions?
> Do people think ( and it often happens on this Board) that solicitors are responsible for digging clients out of holes of their own making at no cost to the client? I get a huge sense of : I'm an adult, I don't like the situation I'm in, I want out of the situation, who can I blame?
> 
> mf


 
I don't think anyone is having a go at the solicitors in this situation. Maybe you a bit over sensitive or 'emotional' after the nice lunch?


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## mf1 (23 Jan 2008)

Sunny said:


> I don't think anyone is having a go at the solicitors in this situation. Maybe you a bit over sensitive or 'emotional' after the nice lunch?




Ah no - hic. Its more of a general observation although there are a few nice instances in this thread. 

"but i would get a better solicitor first"

"Also on my contract, it is the legal secretary and not my solicitor who signed with me. I never actually met my solicitor until I arranged an appointment to instruct him to tell the builders I want my deposit back. I wonder if I could use this in my appeal to the builders."

"Also, I was definately not legally advised re the consequences if I couldn't draw down mortgage."

mf


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## Sunny (23 Jan 2008)

yeah fair enough!


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## Dublin13 (23 Jan 2008)

Hi mf1

Thanks for taking the time to give  your opinion on this matter.  Re: your quote: " Where it is patently never going to complete, keep the file open. If there is an upturn, maybe, maybe, allow the purchaser out."  Did you get an idea how long this process i.e. do you have to sweat it out for months/ years to see if you are going to court or not? Thanks


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## FKH (24 Jan 2008)

Dublin 13,

You are in a difficult position as you entered a legally binding agreement which the builder can enforce in a number of ways. As mf1 said, many people are trying to pull out of contracts as they simply no longer wish to buy the property due to the "change" in the property market. 

I have dealt with a number of builders solicitors and invariably the builder instructs them to try and close as aggressively as possible in the first instance and threaten to charge interest.

I have seen builders that will drop the price of properties to that of comparable second hand units in the area to close a sale quickly. That may be an option if you could afford to buy the property for a lesser value.

Builders are very reluctant to allow people to walk away, even if keeping the deposit, as they must then sell the unit again and that may not be easy to do. If a property costs €300,000. Even if a third was pure profit, the builder is still down €200,000 minus  maybe €10,000 if they let people walk away. They have their own bank loans that must be repaid when properties are sold.

Trying to sub-sell the property was mentioned but again that could be difficult given the current market and if you sold it for less than the purchase price you would be liable for the difference.

From my own experiences, builders are taking the view that they have signed agreements which should be honoured and will threaten everything they can to see if someone can be scared into closing as they do not know which financial hardship cases are truthful.

As you are buying a one bed I suppose it's not an option to see if anyone will buy it with you now.


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## Dublin13 (24 Jan 2008)

Thanks FKH

Your message is pretty clear and I understand you comments re builder's point of view.  But my financial circumstances have changed so much that there is no way in heaven (bar winning the lotto) that I can afford this - Even if they were to drop price a bit. I can understand them wanting to separate the cases of _'just not interested any more'_ to the genuine financially troubled cases.  Regardless of their tactics, It looks like I am in this process for the long haul, as there is just no way I can afford this apt. Or else I can pray for that when they see the letters I sent them from lending institutions, which shows that I cannot afford the apt by a long shot, they might release me.  Who knows, its nervewrecking and a very stressful situation to be in.


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## FKH (24 Jan 2008)

It must be a horrible situation to be in. Unfortunately you are at the mercy of the builder. You could ask your solicitor if he made the contract subject to loan approval as you had not obtained if when you signed the contact. As a solicitor I would not let anyone sign a contract without loan approval unless they informed me in writing that they knew the consequences of doing same and would take the risk. It would be a very long shot but you could try and argue that your solicitor was negligent.

In many ways the easiest thing would be to do nothing once you've set out your position to the builder. Assume you'll lose the deposit and leave the ball in their court. If they don't have a current address for you it will make it difficult for them to pursue legal action against you.


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## ClubMan (24 Jan 2008)

FKH said:


> In many ways the easiest thing would be to do nothing once you've set out your position to the builder. Assume you'll lose the deposit and leave the ball in their court. If they don't have a current address for you it will make it difficult for them to pursue legal action against you.


Really? Surely they just contact the individual's solicitor who is then responsible for passing any messages onto their client?


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## FKH (24 Jan 2008)

Although I am in no way advocating this course of action, it would be possible to discharge the solicitor from your employment and tell them not to accept service of court proceedings on your behalf. If a summons was sent to the solicitor's office they would then simply return it to the builder's solicitor stating they were no longer acting for the client.


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## Dublin13 (24 Jan 2008)

Dear FKH & Clubman

Thanks for  your input. very helpful & much appreciated. Is there anybody who knows of precedents in this scenario.  I am asking - because, I have read some messages where prison has been mentioned and others where huge costs can be brought against you, but no actual case histories.  The thought of these actions being taken again you makes life very stressful at the moment.  Thanks.


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## ClubMan (24 Jan 2008)

Based on what somebody else posted a while back prison is an issue when it comes to contempt of court in a civil debt case - nobody is jailed for being a debtor per se. You should be asking your solicitor these questions.


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## FKH (24 Jan 2008)

As stated before, you can go to prison if you do not make payments that you are ordered to pay under an installment order for contempt of court. In an installment order situation the court will have regard to what you can afford which could be €50 per month or €500 per month depending on the particular circumstances. So long as you keep these up you would be fine.


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## Stifster (24 Jan 2008)

ClubMan said:


> Really? Surely they just contact the individual's solicitor who is then responsible for passing any messages onto their client?


 
A solicitor has to have their clients authority to accept service of proceedings.

I wasr ecently  in correspondence with a firm solicitors in a dispute, in the end i issued proceedings, and served them on the solicitors assuming they;d accept service. However they sent them back to me saying they had no authority to accept service.

So i wrote back to them saying that i was surprised to find that their client might engage another firm to deal with the actual proceedings and I served their client, lo and behold the solicitors entered an Appearance. In those circumstances it was just twattery really as I was serving a limited company but if the party being sued was an individual I would have to serve them personally and it could take some time.


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## seandoc (25 Jan 2008)

Dublin 13

I have read the posts above and would like to say this: as someone who deals with builders and developers on a regular basis through my work as a contractor on building sites, i think you need to make your case in a different way rather than solely depending upon the legal route. As far as i can see many solicitors practices are now out of work due to the slowdown in the building industry. Some of them have been solely dependent upon conveyancing for their living over the last few years and now have to look for other ways to make money. Going after people like yourself seems to an avenue for racking up fees to their own clients, this practice would have been unheard of up until the slowdown in the industry as they would have been too busy with other matters. 

Anyway, back to your own predicament, as i said i have dealt with many builders and developers over the years. Many builders who develop housing schemes themselves are generally guys who have come up from very little themselves and have got rich during the building boom. These guys are normally very approachable and understanding of these type of situations, they are probably just being advised by their solicitors to go this route. Developers are a different kettle of fish and are harder to track down as they can be made up of a number of financiers from different backgrounds. If i were you i would try and find out who the owners of the company are, outline your predicament in a letter and leave it into the builders office marked private and confidential and ask them to contact you. Its important to get a name of someone - either a director or company owner, if you dont get a reply then make a point trying to get to talk to the owner or director. If they see that your case is genuine and not just someone trying to pull out of a contract because the prices have dropped then they more than likely will cancel the contract. You've got to remember though that a lot of building companies are now extremely strapped for cash - nothing is selling and bank interest is mounting up on land purchases and investment in sites and infrastructure that is half finished. That is why they are going down this route of chasing people to close contracts. 

If the above doesn't work and you get no joy by going direct to the builder i would go straight to your local TD, local newspaper, radio station, national newspaper etc and highlight your case, i would also contact the CIF and tell them that you are going to publicise your case in the media. If a builder or a developer is shown to be heartless when it comes to genuine cases like yours then the adverse publicity will be far worse than trying to force you down this road where they likely will get no money anyway.

You have to take the bull by the horns and do something about this situation yourself rather than relying on your solicitor.

Hope this advice is some help and good luck.


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## mf1 (25 Jan 2008)

"Going after people like yourself seems to an avenue for racking up fees to their own clients, this practice would have been unheard of up until the slowdown in the industry as they would have been too busy with other matters. "

I spend a lot of my time trying to explain to people where solicitors fit into the BIG picture. Look at that statement - its all but saying that clients ( in this case - builders/developers) do not make their own decisions - solicitors do. Be under no illusion - solicitors advise, clients decide. And looking at that statement above- 
A.  This situation did not arise in the good times - if a purchaser could not complete, there was always someone else who could and it was far easier/more practical to let the first guy out and take the second willing guy. 
B. The clients of the solicitors weigh it up - do they let contracts go or do they instruct the 
solicitors to pursue their ( the clients) rights under executed contracts. 

It is not a question of solicitors racking up fees for their own clients. It is an unpalatable aspect of the current climate. 

mf


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## HighFlier (25 Jan 2008)

I thought most contracts were signed subject to funding approval and that if it was a genuine case of the institution refusing to fund then it is a legitimate method of voiding the contract.


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## mf1 (25 Jan 2008)

HighFlier said:


> I thought most contracts were signed subject to funding approval and that if it was a genuine case of the institution refusing to fund then it is a legitimate method of voiding the contract.




This has not been the case for many years. Until recently , and probably for at least 8-10 years prior, purchasers were told by their estate agent, builder and solicitor, that loan approval clauses were not acceptable in the heady days of the property boom. If they did not like it, tough - there was always another purchaser waiting. That has changed and I rather suspect that , in the unlikely event that anyone was buying anything at the moment, ( which they're not) that builders would allow purchasers insert anything in a contract to get it signed!

mf


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## satsuma (28 Jan 2008)

Unfortunately, as part of the General Conditions of Sale and the Building Agreement, you are in a binding contract and are legally obliged to complete it. If you do not, you lose your deposit, are liable for interest running from the Notice and risk forfeiture (this may have happened already). If forfeited, the builder may place the property back on the market and if not sold or sold for less than what you contracted to buy for within 1 year of forfeiting, you may be sued for the shortfall. If judgement is obtained, then it can be registered, published and the sheriff sent in to seize goods. The builder is legally entitled  to do all of this.

Your best bet is to get your solicitor to do a nice letter, basically a begging letter asking them to not sue you. You will most likely lose your deposit anyway. 

Best of luck


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## efm (28 Jan 2008)

satsuma said:


> Unfortunately, as part of the General Conditions of Sale and the Building Agreement, you are in a binding contract and are legally obliged to complete it. If you do not, you lose your deposit, are liable for interest running from the Notice and risk forfeiture (this may have happened already). If forfeited, the builder may place the property back on the market and if not sold or sold for less than what you contracted to buy for within 1 year of forfeiting, you may be sued for the shortfall. If judgement is obtained, then it can be registered, published and the sheriff sent in to seize goods. The builder is legally entitled to do all of this.
> 
> Your best bet is to get your solicitor to do a nice letter, basically a begging letter asking them to not sue you. You will most likely lose your deposit anyway.
> 
> Best of luck


 
Did you read any of the previous posts in this thread? - much if not all of what you said has been covered and discussed


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## Rock786 (29 Jan 2008)

Hi guys,

Thanks to all of you for taking time out for the discussion, it has helped me a lot.

I just came to know from my solicitor that we never got any floor plans or architectural plans from builders. I went to see the apartment, the builders have not built the boundary walls separating our balcony to neighbours balcony. Though i have the glossy brouchre which i got from estate agents which shows the drawings of separation of boundaries. 

Now so far i have measured the apartment, but may be i should because it could be different from what it was promised.

Will all these things will hep my case......

any suggestion or advice is very welcome....

Thanks in advance to all of you....


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## Purple (29 Jan 2008)

Rock786 said:


> Hi guys,
> 
> Thanks to all of you for taking time out for the discussion, it has helped me a lot.
> 
> ...


Best of luck, let us know how things go.


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## ben10 (29 Jan 2008)

Well I am currently in a situation where the builder has not honoured the contract as a window, which was on original drawings submitted by the builder with the contract (so it was not just on the brochure), was not in the final build. I would not snag the appartment until this was done or sufficient compensation was provided. I broght this to thier attention in june last year & the contract ended in november. I have still not heard from the builder who my solictor has called & faxed at least once a week since june. They still have my deposit & dont seem to care if i take them to court.
It all looks like theres one law for the builders & a separate one for us!!


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## FKH (29 Jan 2008)

_"I went to see the apartment, the builders have not built the boundary walls separating our balcony to neighbours balcony. Though i have the glossy brouchre which i got from estate agents which shows the drawings of separation of boundaries."

_Usually the Contract & Building Agreement specifically state that representations made by the estate agent etc prior to signing the contracts are not binding on the builder and most contracts allow for some leeway with the plans. Again, check with your solicitor as to what your contract says.


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