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Society to Publish New Contract for Sale of Land
The Society is shortly to publish a revised version of its standard Contract for Sale and Auction conditions.
The provision has been carried out by the Conveyancing Committee of the Society advised by E. Garrett Gill
S.C. A specimen of the New Contract was introduced at the Society of Young Solicitors Seminar held in
Killarney on the 3rd and 4th April and it is hoped that the final version will be available to the Profession very
shortly.
The principal change in emphasis in the Contract is tha instead of certain clauses being prepared from the
Vendors point of view the Society now seeks to hold an even balance between Vendor and Purchaser. Many
of the old conditions have not been significantly amended but there are new clauses dealing with the obligation
to pay a deposit being a condition precedent to the making of the Contract, clarifying the position where an
agent signs a Contract in trust, introducing a right for the Purchaser of Leasehold property to be furnished
with certain evidence of the Lessors Title, spelling out the Common Law Right of forfeitture of the deposit
and providing for service of completion notices where time is not of the essence of the Contract.
Rules for the Government of Prisons 1976 (S.I. No. 30, 1976)
The Council of the Incorporated Law Society of Ireland has considered the provisions of the Rules for the
Government of Prisons 1976 at a Meeting this week and has directed that the following Policy Statement be
issued:—
1. The Council of the Incorporated Law Society of Ireland is fully conscious of the security problem which
exists in relation to the running of prisons in the State. However, the Council also feel that comment should
be now made on the new Prison Rules particularly in view of the stringent provisions they contain.
2. The Council have grave doubts as to the power of the Minister under the relevant Statute to make such
regulations as the Prison Rules 1976. Even if such power was granted by Statute the Council doubts if
such power could be reconciled with the Constitution or with the State's obligations under the European
Convention on Human Rights and Fundamental Freedoms.
3. The Council is concerned that there should be no undue interference with the right of a prisoner to
select and be advised by a legal advisor of his own own choice.
The new Prison Rules in effect provide that any person (including a legal adviser) can be refused admission
to a specified prison. There is no provision for a right of Appeal to a Court from a Ministerial direction
or refusal under the Rules. While the Council have noted the assurances given by the Minister in Seanad
Eireann the legal problem remains.
4. Apart from the important point relating to the function of the Courts there is no provision in the Rules
indicating that they will be operative during a particular State of Emergency or for a limited period.
THE INCORPORATED LAW SOCIETY OF IRELAND
GAZETTE
MARCH 1976
VOL. 70 NO. 2.
TWO SIDES TO A SALE
Causes of complaint which reach the media con-
cerning solicitors not infrequently appear to have their
base in situations where a solicitor has been acting
for both Vendor and Purchaser, particularly in
housing transactions.
Clients making complaints do not always indicate
that the same solicitor has been acting for both
parties, and this has only emerged during subsequent
inquiries.
It has also been reported that builders or their
agents have been known to make a suggestion to a
prospective purchaser such as: "Our solicitor will
look after your side of the business too; it'll be
cheaper for you."
While there has been no suggestion of malpractice,
there is the possibility of an opinion arising in the
public mind that these transactions are an 'inside
affair' which benefit solicitors more than their clients.
The Council has drawn attention in the past to the
practice of Solicitors acting for both parties, and any
potential cause for complaint against the profession
should be avoided.