The Gazette 1973

committee were referred to Wilkinson v. Grant (1856, 18 CB 319) in which it was held that a proposed mort- gagee's solicitor has no claim for his charges against the proposed mortgagor where the negotiation for the mort- gagee goes off through default of the latter. He must look to the party who retains him leaving that person to his remedy if any against the party who occasioned the fruitless expense. The committee were also referred to Fisher and Lightwood Law of Mortgages, eighth edition, page 518. The Council on a report from a committee expressed the view that the mortgagees soli- citor is not entitled to make any charge against the mortgagor and is not entitled to retain the documents. Note —The above statement is published in substi- tution for the statement which appeared at page 161 of the Society's Gazette in June 1972 in which the word "purchaser"' was inadvertently printed for "party" in the fourteenth line. SOLICITOR 'S COSTS OF F IRST LEASE OR PURCHASE OF NEW HOUSE Statement by the Council The total legal costs incurred by the purchaser/ mortgagor of a new house has been the subject of considerable adverse comment in the press and else- where. In the view of the Council the adverse comment is occasioned by three factors : 1. The imposition on the mortgagor of the mort- gagee's solicitor's costs. 2. The imposition on the purchaser of the vendor's lessor's or builder's costs by means of the imposition on hi; l of charges lor copy documents of title, declarations of identity and other documents which are necessary to enable him to obtain a mortgage. 3. The lack of uniformity in the costs charged to the purchaser/mortgagor particularly where the sale is by way of building agreement and agreements for lease. The Council propose to make representations to building societies and other lending institutions with a view to having the mortgagee's solicitor's costs added to the amount of the advance or alternatively to have the lending institutions bear their own costs. The Council have passed the following resolutions to deal with the other two factors : 1. Agreements for the sale of new houses should not unduly restrict the title offered to the purchaser and should provide for the furnishing to the purchaser with- out cost to him of all copy documents and declarations

necessary to enable him to obtain a loan. In particular the following documents should be furnished to the purchaser where applicable without charge : Copy documents of book of title including certified copy negative searches. Statutory declaration of identity. Certificate of compliance with building covenant. Lease map. Indemnities as to roads and services. Certificate under Section 72 of the Registration of Title Act, 1964. In the opinion of the Council the charges in respect of these items should properly be borne by the lessor or vendor. The Council disapprove of the imposition on the lessee or purchaser by the solicitor for the lessor or vendor of charges for postage and petty outlay. 2. The Council recommend the following basis of charging the first^ lessee or purchaser of a new house including cases in which the transatcion is carried out by way of building agreement and agreement for lease, and regardless of whether the lessor's or vendor's title is registered or unregistered : In the case of houses costing not less than £5,000 and not more than £10,000 a charge of 2 per cent where there is a mortgage con- temporaneous with the mortgage and a charge of per cent where there is no contemporaneous mortgage. Where the purchase price is less than £5,000 a charge of not more than £80 should be made. No recommen- dation is made in respect of transactions for more than £10,000. The recommended charges are exclusive of disbursements. Recommended fee Purchase price Purchase Purchase with without mortgage contemporaneous mortgage £5,000 £75 £100 £6,000 £90 £120 £7,000 £105 £140 £8,000 £120 £160 £9,000 £135 £180 £10,000 £150 £200 Over £10,000 no recommendation Where the price does not exceed £5,000 the fee should not exceed £80 in any case. 3. The Council are of the opinion that the costs of a vendor lessor or builder of a new house should not be charged to lessee purchaser or employer. Stakelum, Chartered Accountant; Legal Aspects by Oliver Fry, Solicitor. (3) Sunday, April 1, 11.00 a.m. : Social and Economic Complications of Takeovers by Martin Rafferty, Chairman, Joshua Uatson Ltd. (4) Sunday, April 1, 2.30 p.m. : Redundancy Act Procedure by John Gleeson, Solicitor, Chairman of the Redundancy Appeals Tribunal. Special hotel rates : Friday night to Sunday lunch : £7.50; Saturday lunch to Sunday lunch : £5.00. The script of the lecture by Mr. Robert Barr, S.C., on High Court Practice in Family Law in the Irish Republic —together with full discussion may be obtained from Mr. Spendlove, 94 Grafton Street, Dublin 2, for 90p, by post £1. 54

SOLICITORS SEMINAR IN KILLARNEY The sixteenth seminar organised jointly by the Society of young Solicitors and the Provincial Solicitors Asso- ciation will be held in the Great Southern Hotel, Killarney, Co. Kerry, on Saturday, 31 March and on Sunday, 1 April 1973.

Special train fares have been obtained subject to the Society guaranteeing a minimum number of 120 travelling. The timetable and subjects for the seminar will be as follows : (1) Saturday, March 31, 10.30 a.m. : The Legal Effects of Takeovers, Amalgamations and Reconstruc- tions by Senator Alexis Fitzgerald, Solicitor. (2) Saturday, 31 March, 2.30 p.m. : Liquidations and Receiverships — Non-Legal Aspects by John