Q&A

Your property questions answered

Splitting up after signing

My partner and I put a deposit and signed a contract on an apartment in October, it is due to be completed sometime during the summer. However, my partner and I have split up and will not now be in a position to go through with the sale. I told the estate agent, who said that it basically was nothing to do with them now (even though they have just started selling the second phase so are still involved), and to approach our solicitor. My ex-partner is reluctant to incur any more legal costs and wants to just get the deposit back. Any advice on how we can get out of this and what do other people do?

Yours is a common scenario and every agent will have stories about couples - particularly young couples - buying in a hurry and wanting to get out of it later. You may feel that the estate agent is being evasive but it really is out of his hands - once you sign a contract the matter is between the solicitors (yours and the builder's). If you wanted to pull out after you paid the booking deposit, then the estate agent would have refunded you the money. The period between paying the booking deposit and signing the contract is also the time that many buyers change their minds over things like the location of the apartment - wanting to buy in the second floor instead of the third, and so on - and during this time the agent is still involved and there is still some wriggle room. It is extremely difficult to get out of a purchase contract because you are legally committed to going through with the sale.

Builders have been known to let buyers out of contracts and returning deposits but usually only in extreme situations - such as serious illness, tragic death of a partner, and such like. But the important thing to remember is that they don't have to. A couple splitting up isn't going to melt the heart of a builder - unless he wants your particular apartment to resell. What people usually do in your situation is go ahead with the purchase - one person typically buying the other person out or coming to some arrangement whereby they go through with the sale on the understanding that they sell up within a short period of time. The current housing inflation should mean that you won't lose money - you may even make a profit. A very expensive option is for you to walk away from the contract but that will mean losing your deposit which is bound to be a significant amount of money. Your ex-partner is going to have to realise the serious legal situation you are in and not calling the solicitor is not an option. In fact, he or she will have seen this before and may be able to offer you advice on how to structure your plan to get out of the legal position you are in.

Wool as attic insulation

About two years ago I saw a feature on TV about an Irish company who makes attic insulation out of sheeps wool but my local hardware store (in Kerry) has never heard of it. I have to renew the insulation in my attic and would prefer to work with natural materials.

The company you are looking for is called Sheep Wool Insulation, The Square, Rathdrum, Co Wicklow, 0404-46100. They have an excellent website www.sheepwoolinsulation.ie with product details. People plagued with noise transference through floorboards will be interested to see they also have a new noise reduction sheeps' wool product.

Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.

Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.