How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8814
Experience:  Barrister 17 years experience
Type Your Republic of Ireland Law Question Here...
Buachaill is online now
A new question is answered every 9 seconds

My siblings and I were selling a jointly owned property. I

Resolved Question:

My siblings and I were selling a jointly owned property. I was also the Estate Agent. A sale was agreed subject to planning permission. The planning permission was granted. By this time the market had changed and the buyers ( 2 - one of whom wanted to proceed) withdrew. It transpired that contracts had not been signed subject to planning.

1 I Was the solicitor neglectful in not having contracts signed prior to the application for planning?
2 If so would we have a case against him?
3 Could we claim the difference between the amount being paid and the time and the amount achievable now?
4 Assuming positive answers to 1,2 & 3, if all of the family could not agree in initiating proceedings could one or more than one take proceedings for their share(s)?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, I do not believe you have a successful case against the solicitor for negligence in not having contracts signed subject to planning. Essentially, the onus is on the client to insist that things be tied down. The solicitor is only the adviser, not the man of business who makes the business decisions. You should also realise that a similar onus could be placed on the estate agent - you - to tie things down for the client's satisfaction. Accordingly, if the case against the solicitor succeeded it would also succeed against you, as estate agent. This effectively would mean that the solicitor could recoup most if not all the damages awarded for negligence from you personally as estate agent under the Civil Liability Act, 1961. So, I think you should reconsider this course of action.
Please RATE the Answer positively so that I may get paid
Customer: replied 2 years ago.

Thank you for that.


When I as Estate Agent advised the solicitor, on behalf of the client(s) of the "sale agreed" and to prepare contracts, I advised him of the planning condition. I would have thought that the contract would have included such a clause and that the Purchaser and the Vendor would have been invited to sign the contract.


The whole object of this type of contract is to ensure that if the Purchaser gets planning permission, especially with a specific set of plans, that the Vendor could not renege on the agreement and keep or sell the property to A N Other. Likewise such a contract should protect the seller in that, since the property is off the market during the duration of the planning application that the vendor should not suffer by possibly missing out on other prospective purchasers.

Expert:  Buachaill replied 2 years ago.
2. Unless you can point to a specific request that contracts be signed, then your case is not a runner. Essentially both sides kept their options open here by not signing a contract. No court is going to allow you foist liability on a solicitor when s/he was not specifically requested to do something. That just does not happen. It is very easy to be wise in hindsight. However, the vendor kept its options open here by not signing the contract. Any man of business is taken to understand what he has done. A solicitor is not required to make a business decision whether options should be kept open or not. That is the role of the client and unless the client can show specific instructions, there is no general onus placed on a solicitor to be a busybody. Additionally, the estate agent who could have generated his fee here had a sale concluded also choose to keep the client's options open.
Please RATE the Answer positively so that I may get paid
Buachaill, Lawyer
Satisfied Customers: 8814
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Previous | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX

Meet The Experts:

  • Buachaill


    Satisfied Customers:

    Barrister 17 years experience
< Last | Next >
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • cmcsolicitor's Avatar



    Satisfied Customers:

    and Mediator practicing in Cork, Ireland.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • José M.'s Avatar

    José M.


    Satisfied Customers:

    Spanish Attorney
  • Thomas's Avatar



    Satisfied Customers:

    UK based Immigration Solicitor
  • Top_advisor's Avatar



    Satisfied Customers:

    Solicitor and Attorney