We sold our home in 2023. The house had been built in 1994, and we added a garage to the side. We sought the permission of the landowner who built the house to construct the garage, and asked if we could extend it 4ft towards the pavement. He gave us permission and was still present on the site while building the housing estate. We appointed a solicitor, provided maps and so on.The buyers of our home, whom we know, held back €10,000 until the sale. We agreed in good faith. After the sale went through, the buyers’ solicitor raised the issue of the garage for the first time. I have emailed asking for our money. The solicitors said it’s in their account and want me to register the 4ft extension of the garage. I’m in limbo, however.Can a solicitor keep hold of our money for three years? We both signed a contract and appointed solicitors to deal with the legal end of things.Based on the information that you have provided, it appears that the sale of your former home is not fully concluded, pending registration of the 4ft extension to your former home. You do not outline what steps, if any, have been taken to register the said extension, and it is not clear what is holding up completion of registration.[ ‘Land grab’: Couple sue over ownership of Co Laois garage used to house exotic petsOpens in new window ] Is it a matter of correcting the maps for the extension or was the extension compliant with planning permission?Without examining the legal documentation executed by the parties in the sale and without information in relation to the status of any registration application, it is difficult to comment on any delay in releasing the proceeds of sale to you. That said, it should be clear to you what your legal obligations are, what is required to complete registration, and how long this is expected to take.I recommend that you meet your solicitor and seek a clear explanation as to the reason for the delay and any actions that may be required of you in order to expedite the matter.Reference to the special conditions in the executed contract for sale with the purchasers would be a good place to start. Your solicitor will have the executed contract for sale on file and can take you through the special conditions which may or may not address your obligation to register the extension.If the special conditions do not reveal a requirement to register, perhaps there may have been an issue with the map(s) included with the initial contract for sale, which need to be addressed and regularised by you as the vendor. Again, your solicitor will be best placed to take you through your sale file and guide you in relation to any outstanding obligation on your part.[ My neighbour has moved a boundary to make room for his extensionOpens in new window ]Perhaps it is the case that the application to register the extension has been submitted to Tailte Éireann – the agency that provides title registration services for the State – and is delayed. From time to time, delays can arise, and processing times vary, depending on the type of application. You might inquire with your solicitor as to what stage of the registration process your application is at. If the delay in your case is with Tailte Éireann, a “letter of expedite” from your solicitor could help speed up registration, so that the matter might be concluded and funds released to you.Katie Cadden is a solicitor at P O’Connor & SonDo you have a query? Email propertyquestions@irishtimes.comThis column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content
Can the buyers of our home withhold funds due to an issue raised after sale?
Solicitors say money is in their account and want me to register garage extension










