Do I have grounds to pull out

Bronte

Frequent Poster
Messages
13,679
I'm so glad this case worked out for you and thanks for coming back with the good news. I think you were very lucky the deposit was held by the builder's solicitor and not the builder. You are now in the happy position of being able to purchase in a buyer's market.
 

dtwhaler

Registered User
Messages
27
Surely the deposit had to stay with the builders solicitor until the sale closed ?

Well done Dub1.
 
M

mercman

Guest
Dub1, Congratulations. Did the Barrister for whom I gavce you the details not revert to you ?? Concerning your items, as suggested, go in and take them back. If you can't get them or he won't release them, then it is a theft and report the matter to the Guards.
 

dub1

Frequent Poster
Messages
79
Thanks.Thats not a bad idea regarding reporting the matter to the Gardai if he dosent allow us to take the items. To be honest it would suit me if he made me an offer on everything thats there. At this stage it would mean taking everything out and storing them. I'd also be concerned that certain 'partsp of the appliances would conveniently go missing. Someone advised me to claim against him for costs(my solicitor, barrister, and engineer costs etc). Does anyone think that I should go this route or should I just let things lie.
 

dub1

Frequent Poster
Messages
79
Hi. Im back looking for advice. I finally spoke to my solicitor today regarding the goods that I have in the house that I paid for. He is taking the nicey nicey approach with the builders solicitor regarding us taking our goods in case they are difficult. Personally I dont see how they can be seeing as I have reciepts for everything and can prove that they are mine. Regarding costs he does not want to pursue these. I'm basically talking about my solicitors costsand the engineers costs(see part of an email that he sent me today after our conversation),
"I do not want to address the issue with costs with him because I believe that we have been saved the most extradionary battle for the next two years which could have resulted in negative for us and therefore I want us all to take a breath to realise what could have been a very bad situation. I believe that if I can get the return of the goods, it will only be done by being extremely polite.
As we discussed initially (and thank you for the payment of fees it is always welcome) the costs are always a matter for the person instructing the Solicitor and the Fee on the basis of the time spent. While I appreciate that it should not be your responsibility. It will be counter-productive to seek these. Take an overview and we will talk soon".
Does anybody agree wit this view. Am I being greedy.I dont think that I am. I feel that seeing as the builder let us out of the contract its more or less an admission that the property was not habitable so why should I have incurred any costs at all regarding this property. Any advice is welcome. Thanks
 

Bronte

Frequent Poster
Messages
13,679
I think your solicitors letter is very good advice. Looks like a really good solicitor in my opinion but I'm not sure he's be happy to have his reply on here.
I do understand how you are out his costs and the goods cost but you've really gotton out of a terrible situation, not your fault I know and sometimes it's just best to accept that and walk away a happy man. You did win after all. Dub1 isn't that enough?
 

dub1

Frequent Poster
Messages
79
thanks. I think that you are right. There is no point in me putting myself through more stress. to be honest I cant see the builder witholding my stuff. It just wouldnt make sense. And after thinking things through my solicitor is at the end of the day looking out for my intrests. Time to start househunting again.
 
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