Title deeds transfer

[iwsf]

i wanted to share the position i am in and see if somebody can offer some help. We purchase a site + house to be built on from a local builder in Co. Galway in August 05. We had a building agreement detailling what he was going to build and for how much (staged payment). We signed the contract & paid the first stage which was the money for the site( August 05). We then started to build and paid the second stage (dec 05)which was the money for the foundations. All was going throught our solicitor. At this point the builder started harrasing us and ended-up assaulting me seriously. We ended his involvment in the building of our house and finished it ourselves. 18 month after paying a lot of money for the site and the first phase of the building the builder refuses to transfert the deeds into our name. What can be done ? is it legal ? We are due in court to get our deeds but would like to get differents opinions on the matter.
Does anybody knows if the deeds should have been transfered into our name before ? Thank you in advance.

 

[BrenG]

Re: Title deeds transfert

Surely this is a cut and dried legal issue. You mention that contracts were agreed by your solicitor and payments made in line with the contracts. Assuming that there were 2 separate contracts. 1 for purchase of site and 1 for building then there should not be a problem. Your solicitor would not have paid over the money for purchase of the site without receiving title documents plus necessary transfer forms from the vendors solicitor. Following that transaction you should have been registered as owner of the site. Obviously this has not happened but you do not state the reason for failure given by your solicitor. Priority here for you is to sit down with your solicitor and establish your position and why there are now problems with title transfer. Only then will you be in a position to know what further action must be taken.

 

[iwsf]

Re: Title deeds transfert

I believe there is only one contract including the purchase of the site and the building of the house. From what i hear in such a case the deeds are transfered once you pay the first stage payment which is the foundations.
We did that but it transfert did not happen. I believe the contract does not mention that the deeds should be transfered at this stage or any other but by law it should be once you pay the first stage payment. I hear different stories from different people so would really like to know which one is correct. Are the deeds to be transfered once you signed or during any other stage ? Thank you .

 

[BrenG]

Re: Title deeds transfert

Its impossible to give an accurate response to your query without having exact details of the contract. This really is an issue that should be fully explained to you by your solicitor who is in the best position to advise you of your rights. I am puzzled as to why you do not already have this explanation from your solicitor. Do you have a problem in approaching the solicitor?

 

[iwsf]

Re: Title deeds transfert

I feel that we are just being left in the dark. We can approach our solicitor but never seem to get a straight answer.

 

[BrenG]

Re: Title deeds transfert

Firstly you have a right to a straight answer from your solicitor. It may well be that the solicitor has failed to act in your best interest. I recommend that you write formally to the solicitor asking him for an explanation in writing of the exact legal position of your title. Also if you feel that the solicitor may just sit on this letter it may be necessary to put a timescale on the required response. in the event that you do not get a response or get an inadequate one then it may be necessary to get another solicitor to act on your behalf. This may be difficult in a small locality so it may be necessary to go outside the area or to a bigger practise. I sympathise with your position and understand your frustration but even going on the number of similar complaints recently on AAM there are an uncommon number dealing with the incompetence or delays by solicitors in conveyancing.