Non registration of the vendors title - 1 bed apt

C

charlie MacZ

Registered User
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Hi

Recently went sale agreed on a 1 bed apt in Dundrum, my solictor has an issue with the
non registration of the vendors title. She has strongly advised not to proceed with signing of contracts without this registration being completed.

Has anyone any thoughts on this ?? any advise greatly appreciated.

Thanks,
Charlie
 
ClubMan said:
Why do you think anybody here would know better than your own solicitor?
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Its a perfectly valid question from the OP. Solicitors give advice which, correctly, is always the safest. They will never advice you to proceed if everything isnt correct, even though you might be prepared to take the risk. The issue is why the property might not have been registered. If the vendor trying to flip it to you without themselves appearing in the transaction? Or perhaps they have inherited it and are trying to sell it on without registration. These and other scanarios can have serious pitfalls. It might help your decision making if you understood why the property was not registered and why the vendor has problems in regularising the situation. I presume OP is a cash buyer as otherwise the bank would insist on a position.
 
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sunnydonkey said:
. It might help your decision making if you understood why the property was not registered and why the vendor has problems in regularising the situation. I presume OP is a cash buyer as otherwise the bank would insist on a position.
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Even if, actually especially if, one were a cash buy, one does not need to be taking on unregistered property. Surely there is another one bed out there with no hassle.

Basically the solicitor is telling you the owner does not own it, until he does, it's best to walk away, otherwise you could be tied up for weeks/months/years !

By the way, unless you've becomming an investor (in Dublin - in general) I'd be staying away from one beds.
 
The property was NAMA's, then bought by Hibernia REIT back in February this year. I am planning to live in the apt for 3-5 years then sell it on. It's a high quality large 1 bed at 60sq metres in Wyckham Place.

But I am now getting cold feet on the whole situation and seriously re-considering it.
 
charlie MacZ said:
The property was NAMA's, then bought by Hibernia REIT back in February this year.
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Neither NAMA nor Hibernia REIT are 'messers' and several sets of solicitors must have looked at the title already. Therefore I would be pretty sure that the issue is not the right of the vendor to sell the property but rather some technical issue that they would prefer not be bothered to sort out.
Have the vendors refused to sort out the issue or have they stated that the issue cannot be sorted out (very few things cannot be sorted out)?
 
Am I in the same position. My solicitor has an issue with the non registration of the vendors title. She has asked them to register the title and has advised us not the agree to the sale until its sorted.

Have you made any progress?
 
No progress yet. Some buyers in the development have agreed to sign contracts on condition that the vendor will sort out title registration before closing. If I don't agree to this the solicitor thinks they will pull out and put the apt. back on the market.

Don't know what to do at this point n time to be honest ???
 
charlie MacZ said:
No progress yet. Some buyers in the development have agreed to sign contracts on condition that the vendor will sort out title registration before closing. If I don't agree to this the solicitor thinks they will pull out and put the apt. back on the market.

Don't know what to do at this point n time to be honest ???
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If you bind them by contract to sort it out, they have to do it. Given that they seem to be signing such contracts with others, i would think it very likely that it will be fixed ok.
 
The vendor is willing to register the title, and on the advice of our solicitor we are ensuring the vendor will have full responsibility of any issues that may arise during registration (as registration can take weeks to years). I would assume most buyers would ensure the same condition is put into the contract pre signing the contracts, so therefore the vendor will be inclined to agree. We hope this condition is agreed shortly so we can continue our sale.
 
Make sure you get good advice from your solicitor on how you would go about enforcing those conditions down the line should issues arise.

When I bought my property, there were conditions attached that the vendor didn't comply with, but enforcing them would have likely cost me a lot more than resolving them myself, but I was aware of that in advance.
 
Thanks for all the replies.

Just to let you know that I have decided not to go ahead with the purchase of the property. Too many IF's and BUT's for me.

Out of pocket by about €2000 ! You live you learn I guess
 
Probably for the best, you may have saved yourself a lot more in the long run.
 
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