Q We found a house and went sale agreed on December 1st, 2015. We were assured by the seller's agent that the paperwork was in order. After we had paid the €5,000 deposit, we heard that the vendor's solicitor made a probate request on January 4th.
This surprised us greatly as we were told that the paperwork was in order and no one mentioned anything about a request for probate a month after the sale was agreed. We were informed that it could take 10-12 weeks to settle the probate, however, no firm date could be provided to indicate when this would be finalised.
We signed the contracts and sent the 10 per cent in early February without indicating the closing date. We stated that we would add the closing date at a later date. We are still waiting for the closing date and a month and a half has now passed. If the deal falls through, is there an opportunity for me to take the selling agency/agent to court due to the damage this will cause, ie paying money for the rent, children withdrawn from school because we'll be moving to another part of Dublin? Do I have any chance?
AYou do not say whether the contract was signed by the vendor. In practically all such cases, no binding contract is in place until the contract is signed by both purchaser and vendor, full deposit paid and contracts exchanged. If all of this has happened, but no closing date has been agreed, then you are bound in to the contract and risk losing your deposit if you attempt to pull out.
If, however, the contract hasn’t been signed by the vendor, then no binding contract exists and either party can pull out. However, you will not have any case against the estate agent for any loss you incur.
You signed a contract to purchase the property without agreeing a closing date. You did not make it a condition of the contract that the sale had to be closed by a certain date. It therefore would not be unreasonable for a court to decide that the issue of a closing date was not sufficiently important enough for you to make the contract subject to the sale closing on a specific date. You stated that you would add it at a later date. Whatever failing there was on the selling agent’s part, you took the decision afterwards to proceed even though you did not know when closing would take place. You have no claim against the agent for any subsequent loss or expense.
One step that can be taken to speed up the process is to request the vendor’s solicitors to lodge a letter of expedite with the Probate Office indicating that the property has sold, contracts have been signed and the purchaser needs to complete. Whilst the Probate Office does not accept all such letters of expedite due to volume of work, it may do so in your case and your purchase can close as soon the grant issues.
Anne O'Sullivan is a conveyancing solicitor with Rennick Solicitors, rennick.ie
Brickwork turning white in colour
QIn my new home, which I purchased last year, I notice the brickwork is beginning to turn white in colour. Can you explain what this is, and what is the remedy to return it to its original colour?
AThe issue you describe is very common and is known as efflorescence. The crystallisation of water-soluble salts can often result in a harmless white powder or crystals on the surface of brickwork. Water, usually introduced during construction, slowly dries to the surface of the wall bringing natural salts with it. It is generally recognised that it can take up to 12 months for a new house to fully dry out.
It is not unusual during this initial drying period that salts contained within the brickwork are carried to the outer wall surface. This results in the white powdery discolouration you describe. In most cases, the natural clay used to form the brickwork is the source of the salts, but the ground on which the building is constructed can also contribute. The cement mortar used to hold the bricks together can in some cases react with the clay bricks and lead to efflorescence.
In some cases, the problem of efflorescence can be exaggerated if brickwork is allowed to become excessively wet during the construction phase. This is why it is important that brickwork is covered when delivered to site. Brickwork must also be protected from rain at the end of each working day during building.
The orientation of your house, the extent of exposure to driving rain and the porosity of the brick can also have an influence. On occasion, leaking gutters or downpipes can also lead to saturation of the brickwork. Subsequent drying-out of the masonry promotes the migration of salts to the surface, resulting in white staining.
You should try to establish if there is any apparent source of moisture allowing the wall to become excessively wet. If no such source is apparent, you can assume the efflorescence is being generated by drying-out of water used during the construction phase of your house. It can therefore be anticipated that once the initial drying of the walls has ceased, the efflorescence can simply be cleaned down.
The white crystals are usually easily removed, revealing the original brick. I would avoid using water as this can simply wash the salt back into the wall. The bricks may look clean but the same salt slowly reappears to the surface. Chemical washes and more extreme sand blasting should be avoided as these can do more harm than good. Surface efflorescence can normally be removed by wire brushing. Noel Larkin is a chartered building surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie
Which heating?
QI am building a house and my architect states that I should install an air/water heat pump as this will ensure compliance with Part L of the building regs. This heating system is extremely expensive and I would much rather install an oil boiler as oil is now considerably cheaper. Is what my architect is saying correct?
A The section of the building regulations that deals with the central heating/hot water requirements of a new dwelling is known as part L.This is a multifaceted approach to the construction of new buildings dealing with all aspects of energy efficiency and renewable technologies. To ensure compliance with Part L, there are a number of building aspects that need to be considered and the heating /hot water system is just one of them. Other aspects which must be considered include insulation levels, window and door efficiencies, ventilation and heating controls.
According to part L of the 2008 Building Regulations, a minimum of 10 Kw/M²/yr of your central heating/hot water requirements must come from renewable energy sources and the installation of an air-to-water heat pump is one of the heating systems that can help to achieve this, although in many cases additional renewable energy technologies are required, such as a wood pellet or wood-burning stove to ensure compliance with the regulations.
In general, using a heat pump is in the short term a more expensive heating system to install than an oil/gas-fired system, but assuming your house is constructed to a high standard with the correct amount of insulation, adequate air tightness etc, the heat pump should in the long term prove to be a cost-effective means of heating your new home. As not all heat pumps are designed to meet the requirements of part L, great care is needed to ensure that the system chosen does in fact meet with those requirements.
While there are many products now on the market claiming to be capable of meeting the regulations, the most common heating systems now being used include heat pumps, oil-fired/gas-fired /bio-mass systems with solar panels for the domestic hot water. Photovoltaic systems for the production of electricity for heating purposes are also being considered but to a lesser extent.
At the design stage of your new home, you should employ a suitably qualified BER assessor who will advise you on any or all of the options you might want to explore and they will also be in a position to confirm part L compliance via the production of a provisional BER certificate.
Brian Wilde is a chartered surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie
