Bought at Allsop auction seller will not close

P

Palerider

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I bought an apt last October at the Allsop auction, closing date 20.11.15, the seller cannot close, I issued a notice to complete which expired before Xmas, I have asked for my deposit back which
I am entitled to and have not received it despite stern letters from my solicitor.

As of today I want to close as I have furniture in storage which I am paying for, I have asked to be compensated for these costs and the costs of the solicitors extra efforts made on my behalf

The issue is that there are two judgments on the property and letters have to be obtained to confirm that these will be removed after closing, this is so far not forthcoming, a secondary issue is that the sellers solr does not know who will sign the deed.

It is a receivers sale ( P Stapleton Lisney ), I also wrote to Allsop and never got a reply.

So much for title transferring at the fall of the hammer.

Any ideas how I can get them to move this along, it is a cash purchase.

How much of this is going on.

I hope this mail might serve to highlight yet another issue when buying at auction, it is not yours until you have possession.
 
The reality is nobody handling this sale on the other side, Allsop, sellers solicitor or client banks that appointed the Receiver or the receiver give a toss, the system is weighted to ensure that each get paid regardless so dealing with anything other than a ladybird closing and they stall or stop as in my case....the sellers solicitor does not know if she will be able to close this, meantime I stand by like the village idiot waiting for he faceless people to get their act together, lot to be said for Ronseal ...does exactly what it says on the tin....don't think so....
 
Similar happened me back in the day. Charge on the property discovered at time of closing. Talk to your solicitor, likely a High Court action will be required to force them honour the contract.
 
Sorry to hear about the delay with your house purchase. I recently bought a house through a receiver's sale and my solicitor told me to be prepared for a longer period of time - perhaps 6 monhts or longer - to complete as my house was just one in a conveyor belt line to be dealt with by recievers and their solicitors who really have no-one to hurry them along. The house I bought was advertised last July and I made my offer which was accepted in August and we completed the sale at the beginning of November. I did push my solicitor who in turn put pressure on the receiver's solicitor and was lucky to complete so early but there were no major problems. Your purchase is different as regards you buying at auction as mine was through an estate agent so I have no experience in that regard but I think you should ask your solicitor to put pressure on their solicitor to close and also be aware that it nornmally does take longer than a "normal" sale. Hope you get some progress and good luck with the outcome.
 
Thanks for replies, High Court action would not be cost effective, I have done all I can do, no harm getting it out there via AAM, curious how much of this goes on.
 
A full High Court action might not be cost effective, but you can pop down to the court office and serve a notice on P Stapleton of your intention to sue for damages arising from her failure to complete the sale. The clerk of the court will tell you the next available High Court date.

Put the notice in the post to P Stapleton and watch how fast the sale is completed.

It will cost you about €100 to file notice, and apart from the filing fee you have nothing to lose.
 
cremeegg said:
A full High Court action might not be cost effective, but you can pop down to the court office and serve a notice on P Stapleton of your intention to sue for damages arising from her failure to complete the sale. The clerk of the court will tell you the next available High Court date.

Put the notice in the post to P Stapleton and watch how fast the sale is completed.

It will cost you about €100 to file notice, and apart from the filing fee you have nothing to lose.
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Water off a ducks back!

OP has a solicitor. I presume OP has served a completion notice.

Once the time has expired, OP can either sue for specific performance and demand the deposit back.

There is no entitlement to any damages unless the Court orders same. It is not usually cost effective to sue for specific performance where it is clear that there is a significant issue.

If the deposit is not returned - and the issue will be, who is holding the deposit? Solicitor or Auctioneer?

In either situation, it would be professional misconduct to hold onto the deposit.

It is always risky buying from a Receiver - the contracts are heavily weighted in favour of the Vendor. In reality, only a cash purchaser, with plenty of time on their hands, can contemplate buying from a receiver.

mf
 
mf1 said:
There is no entitlement to any damages unless the Court orders same.
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The point isn't to get damages. The point is the threat.

Water off a duck's back, maybe. I expect the receiver will be motivated to get on with resolving whatever issues there are rather than maybe have to go to court to explain themselves,
 
Receivers treat High Court Plenary Summons from Lay Litigants as the nonsense that they are.

It is all just huffing and puffing.

OP is best advised to recover his deposit and opt out of buying from a Receiver.

mf
 
mf1 said:
Receivers treat High Court Plenary Summons from Lay Litigants as the nonsense that they are.

It is all just huffing and puffing.

OP is best advised to recover his deposit and opt out of buying from a Receiver.

mf
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I think you are right, I'm a cash buyer and this should be straight forward.

Issue One - there are two charges to be removed or two Solrs undertakings provided to permit removal of both liens post closing and Issue two - they don't know who will sign the deed of sale, these are causing the delays.

Notice to complete expired just before Christmas and demand for return of my deposit has been made several times and nothing happening.

As said previously I am curious just how much of this is going on, I was going to work back on Allsop website and cross ref sales recorded against the property price register, whilst not entirely accurate it could paint a picture of yet another issue buyers must contend with in non functioning conveyancing of distressed properties.

My scenario should make all buyers of Auction properties wary.
 
I don't understand why your deposit has not been returned to you. What are Allsop's terms and conditions on this?
 
I dont get this.

You think mf is right. His best advice is to recover your deposit. I thought that you were already trying that.

You say that you have demanded your deposit back several times. Obviously that hasn't worked for you.

So what are you going to do now except moan on here.
 
'' So what are you going to do now except moan on here ''

cremeegg, you are most helpful and there was I thinking this was a forum, clearly unlike yourself I actually don't have all the answers and in such cases AAM can be very helpful.

If you care to read my posts you'll see what I was trying to achieve by posting my experience.

Bronte - I want to stay in the deal if I can, I have asked via my solicitor for return of the deposit twice in writing and a couple of times by phone but it is done in an effort to try and speed them up, it didn't.

Right now I am trying to get a caretakers agreement pending a traditional closing whenever that will be, we'll see if this works.
 
I never suggested that I had all the answers or indeed any answer.

What I did was in good faith make a reasonable suggestion as to a course of action that might, might, move this forward for you.

but perhaps you prefer to continue to

Palerider said:
stand by like the village idiot waiting for he faceless people to get their act together,
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Yes cremegg I said it because that is how it feels being stuck in a process that on the face of it should be straightforward when a binding contract is signed by each party and a deposit paid and yet is far from straightforward.

If the boot was on the other foot my deposit would have been forfeited due to my lack of performance, and to be frank cremegg you chose a selective quote which was a classic cheap shot.

Again, if you read my post you will see I am now trying a different route.

I don't think your suggestion of a trip to the High Court is a reasonable suggestion or worse again making false threats of HC action that are prohibitively costly to persue, , maybe leave comments on this topic to those that are interested in this particular thread and it's outcome whatever that may be.

I fully agree with mf1's comment that ' Receivers treat High Court Plenary Summons from Lay Litigants as the nonsense that they are'.
 
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