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to all patrons and subscribers of the IBA and an appli-
cation form for membership is included. Members ask
whether publication of the names in this journal is open
to any objection. The Council decided in the negative.
Gazumping
A member was instructed by a client to dispose of his
interest in certain property for £6,500. On the client's
instructions member submitted a contráct to the soli-
citor for the purchaser which was returned shortly
afterwards duly executed with a cheque for the deposit
payable to member as stakeholder. When member re-
quested his client to call to execute the contract, the
client said he did not intend to proceed with the sale
at the time and instructed him to submit a new con-
tract to the solicitor for another purchaser who was
prepared to offer £8,000 for the property. Member
enquired as to the view of the Council on his profes-
sional position.
The Committee reported that this practice which has
become known in England as "gazumping" is contrary
to professional practice and should be disapproved
strongly by the Council. The Council recommend that
on the making of a contract for the sale of property,
the contract should be prepared and executed in dupli-
cate, one part being executed by the vendor and the
other being executed by the purchaser and that the
contracts should be exchanged, neither party being
bound until the exchange of contracts. This would pre-
vent the undesirable practice of vendors of having
contracts signed by several parties who thereby become
bound and ultimately turning down purchasers whose
prices are less than the price named in the highest
contract.
Department of Justice,
72-76 St. Stephen's Green,
Dublin 2.
21 February 1973.
Dear Sir,
I am directed by the Minister for Justice to refer to
your letter dated 13th February 1973 with which you
enclosed a copy of a letter addressed to your Society by
Messrs Malone and Martin, Solicitors, Trim, Go. Meath,
regarding the possibility of the payment of Land Regis-
try fees by Guaranteed Cheque or Bank Draft.
The Minister proposes that, in future, fees payable to
the Land Registry will be accepted in cash or by means
of money order, postal order or cheque drawn to the
order of the Land Registry, or Land Registry stamps.
A detailed system is at present being worked out and
will be brought into operation as soon as possible.
Mise, le meas,
Cathal Crowley.
Eric A. Plunkett, Esq.,
Secretary, The Incorporated Law Society of Ireland.
The Council regard it as unethical that a solicitor
should send out several contracts to different pur-
chasers leaving each under the impression that his
offer will be accepted by the vendor if he signs the
contract, while at the same time it is the intention of
the vendor to sell to any other purchaser who offers
more than the price in the first contract.
Full-time solicitor to bank
The Council granted permission to the full-time
solicitor of one of the banks to wind up unfinished
cases privately carried on by a solicitor in the employ-
ment of the bank. They stated at the same time, that it
is contrary to the rulings of the Council that a salaried
solicitor employed by a bank should carry on a private
practice.
Commission scale fee on probate
The Council expressed the opinion that in a case in
which the commission scale fee is applicable to the
administration of an estate it is chargeable on the value
of inter vivos gifts which are deemed to pass on the
death of a deceased donor. The costs will be payable
in the ordinary way out of the residue of the estate.
Practices of solicitors for lending bodies
Member wrote referring to the practice of solicitors
for lending bodies on charging
per cent on the
amount of the loan where this sum may exceed the
appropriate scale fee and asked that the matter should
be considered by the Council. The Council on a report
from a Committee stated that the mortgagee's solicitor
is not entitled to charge a scale fee which would exceed
the permitted scale fee applicable to the particular case.
Land Registry, Central Office,
Chancery Street, Dublin.
17th November 1972.
Dear Mr. Plunkett,
I have yours of the 14th instant. As regards your
queries (1) and (2) agreement has been reached in prin-
ciple on both aspects.
I hope to have something concrete by the new year
at latest.
Yours faithfully,
D. McAllister (Registrar).
Eric A. Plunkett, Esq.,
Secretary, The Incorporated Law Society of Ireland.
CORRESPONDENCE
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