A COUPLE who did not know when they bought a €260,000 house it was designated as a holiday home have settled their High Court action against a solicitor who handled the deal.
The settlement came after the president of the High Court made a finding of fact that Andrew Flynn and Mary Keane Flynn would not have bought the Co Roscommon property if they were aware of the difficulties that would later come to light.
After he made that finding, Mr Justice Nicholas Kearns was told yesterday afternoon the case had been settled and could be struck out. Four other cases relating to house purchases in the same estate were put back for mention next term.
The couple, of Clontuskert, Lanesborough, Co Roscommon, had sought damages, including a refund, to make up for the loss suffered in the value of the house at Kiltoom, Co Roscommon.
They claimed the property is now worth only between €75,000 and €90,000.
The couple, when buying the house in 2005, intended to “turn it over” and sell it on within a few years to help finance the building of a new family home, the court heard.
They had sued solicitor Cormac Lohan of Lohan Co Solicitors, with a business address at Fairview, Garden Vale, Athlone, in relation to the sale of No 6 Newpark Village, Kiltoom.
The court heard liability was admitted, and the case was before the court for assessment of damages only.
The Flynns, Mr Justice Kearns was told, had rejected an open offer of €100,000, plus costs, in settlement of the case.
Opening the case, Patrick Keane SC, for the couple, said there was a fatal flaw in the title of the property as use of the property was limited to use as a holiday home.
It was the intention of Mr Flynn, a carpenter, to do up the house and sell it on in 1½ years, counsel said.
It was the Flynns’ case that had they known of the planning permission condition requiring the houses to be used as holiday lets only they would not have purchased the property.
The area was “not particularly scenic”, he added.
One of the homeowners had in 2010 succeeded in having the planning permission for the houses in the development changed to residential subject to 17 conditions, including one requiring the developer to pay out over €48,000, the court heard.
The owners of the eight houses would be faced with having to pay that money, it was stated.