We exchanged contracts four weeks ago on a home. The seller put in a clause in the contract stating the keys must exchange within three weeks or their would be penalties for us. We signed on as we were happy to move things on quickly. Our solicitor told us to schedule a pre-inspection. The estate agent for the last week have said they lost the keys and they are waiting for the owners (who live in the UK) to come back in town with a new set of keys. My solicitor pressed again to arrange pre-inspection as the three week period was ending. The deposit has been paid and now the mortgage has drawn down. I contacted the estate agent and asked if he could get a copy of the keys DHL’d today as not to further delay the process. The estate agent said the seller is back in Dublin and has chosen not to given the estate agent the keys. I am quite confused what the strategy of the seller is.
On the same day the estate agent said the seller had taken back keys and was not allowing access, the seller’s solicitor rang our solicitor and said the seller hid a 2nd mortgage from them and that the contract was delayed pending her investigation with BoI.
To add to the complication, my solicitor is having a baby and will be on paternity leave at the end of the week for a couple weeks.
My question is what can I do now? The contract has been breached and the seller and estate agent seem to be messing. I am paying a new mortgage, house insurance and life insurance on a property I cannot access or get keys to. My solicitor wants me to submit a cheque for his fees and stamp duty immediately even though nothing is moving forward.
Can we back out of the contract and get our deposit back since the seller is in breach of contract? What fees and costs are we entitled to claim back from the seller? Any advise appreciated.
On the same day the estate agent said the seller had taken back keys and was not allowing access, the seller’s solicitor rang our solicitor and said the seller hid a 2nd mortgage from them and that the contract was delayed pending her investigation with BoI.
To add to the complication, my solicitor is having a baby and will be on paternity leave at the end of the week for a couple weeks.
My question is what can I do now? The contract has been breached and the seller and estate agent seem to be messing. I am paying a new mortgage, house insurance and life insurance on a property I cannot access or get keys to. My solicitor wants me to submit a cheque for his fees and stamp duty immediately even though nothing is moving forward.
Can we back out of the contract and get our deposit back since the seller is in breach of contract? What fees and costs are we entitled to claim back from the seller? Any advise appreciated.
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