Deposit return

D

Dodie117

Registered User
Messages
5
I signed a contract to purchase a house, subject to boundary issues being sorted. I paid 10% deposit. The sale has fallen through as boundary not sorted and no one disputes this. My solicitor asked for my deposit back. She has written 2 letters and at least 5 phone calls but no reply. First request was beginning of June
My questions are
- how long can the vendor's solicitor delay payment
- what can I do as my solicitor is giving no advice on this

Thanks in advance
 
Was there a time limit on when it was to be sorted, contract should also have other clauses if loan approval ran out before issues were sorted,
 
Yes, six months and this was well exceeded. There is no dispute it's just getting the vendors solicitor to respond.
No mortgage involved.
 
"it's just getting the vendors solicitor to respond."

A letter/email from your solicitor to the other solicitor suggesting that the next stage will be a letter of complaint to the Law Society if the monies are not returned within 3/5/7 days should do the trick.

The Law Society are very pro-active in dealing with matters such as this.

mf
 
Mathepac - will only take calls from my solicitor, not me and he is not responding to her.

Mf1 - i have already emailed my solicitor saying if not heard by today i will complain to the law society. I have emailed the law society to ask about the procedure involved. They sent an automated response saying will respond within 10 days!. However its useful to know that they take complaints seriously. Thanks
 
I believe you needed to issue a letter of instruction to your own solicitor stating:
  • what you want done (i.e. a letter issued to other solicitor DEMANDING action on your refund, copying you)
  • a time-frame for the other solicitor to act e.g. (5 working days from date of your solicitor's letter)
  • that in the absence of the refund plus interest earned in the form of cleared funds within that time-frame, a letter of complaint is to be issued to the Law Society regarding the other parties' solicitor copying you
  • And that if your instructions are not acted on, you will issue a complaint about your own solicitor to the Law Society
mf1 said:
The Law Society are very pro-active in dealing with matters such as this.
Click to expand...

mf, with all due respect, you've transgressed the boundaries of language interpretation and meaning here. 10 days to respond to an email is not pro-active in dealing with any matter, let alone a consumer complaint. The best that can be said is that solicitors and the Law Society re-act very slowly and very poorly to matters such as this. A huge improvement would be that they interact much more effectively and efficiently in these sort of circumstances, but that's probably a futile hope for the dim distant future. I've heard the Guards claim to be pro-active in solving crime, proving they don't understand English either.

Your own solicitor is operating to the Law Society clock (aka the Gregorian calendar) and 6/7 weeks have elapsed already

Have a read of this https://www.lawsociety.ie/globalassets/documents/committees/conduct-guide.pdf Edn 3, 2013, the most recent I can find
 
Thank you for your detailed reply. I must agree that both solicitors and the law society seem to drag everything out to infinity - and beyond. I have no faith that things will be done properly.
I believe i have already carried out the process you describe so today i sent an email to the senior partner in the vendor's solicitor's office. I stated i wished to complain about this solicitor and if i have not heard by Monday i will lodge a complaint with the law society.
Again thanks for replies.
Does anyone know if there in any specific timeframe for return of deposits.
 
mathepac said:
10 days to respond to an email is not pro-active in dealing with any matter, let alone a consumer complaint.
Click to expand...

Sending an email to an address handling general queries isn't how complaints should be submitted though.
 
It was specifically for complaints.
I have now emailed the vendor's solicitor telling them if no response by yesterday I would be lodging a complaint with law society. They have responded and looks like I might actually get my money back.
As an aside, they were aghast that I had the audacity to email them directly and can I in future go through my own solicitor. Even my own solicitor emailed me and told me not to do it again. Naughty girl! I emailed back saying basically I would do as I thought fit. Thanks again
 
Contact Us
Complaints and Client Relations Section, Law Society of Ireland, George's Court, George's Lane, Dublin 7.

Tel: 01 879 8700, fax: 01 879 8785 or email [email protected].
 
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