The Gazette 1949-1952

Vol. 45 No. 1

THE GAZETTE of the INCORPORATED LAW SOC IETY OF IRELAND

President R oger G reene

Vice-Presidents

Secretary

N ia ll S. G a ffn ey F rancis J . G ea rty

E ric A. P lunkett

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL A pril 26 th . The President in the Chair. Also present: Messrs. Niall S. Gaffney and Frances J. Gearty, Vice-Presidents ; Patrick R. Boyd, Desmond Mayne, Daniel O’Connell, Reginald J. Nolan, Thomas A. O’Reilly, Dermot P. Shaw, Derrick M. Martin, Louis E. O’Dea, William J. Norman, Henry St. J. Blake, John Carrigan, Gerald J . O’Donnell, James J . O’Connor, John J . Sheil, Sean O hUadh- aigh, Joseph Barrett, Joseph P. Tyrrell, John R. Halpin, George A. Overend, James R. Quirke, John J . Nash, Maurice M. Power, Arthur Cox, Patrick F. O’Reilly, Desmond R. Counahan. The following was among the business trans­ acted :— Sale at a price inclusive o f costs Members wrote referring to the common practice of builders o f offering to sell newly built houses to purchasers at a net price expressed to include all legal charges, and stated that in many cases the title furnished to the lessee is insufficient. They sub­ mitted that the practice o f offering houses at inclusive

prices, if permissible at all, should be strictly regu­ lated and they asked that the Council should use their influence to see that a good marketable title should be furnished. The Committee which con­ sidered the matter referred to the opinion o f the Council published in the Society’s G azette for June, 1949, disapproving of the practice by solicitors of publishing advertisements for the sale or leasing of property at a price inclusive of costs on the ground that such advertisements suggest that the services o f the vendor’s solicitor are at the disposal o f the purchaser without any additional charge. The Committee recommended that the attention o f members should be drawn to this opinion by a notice in the Society’s G azette . The Council adopted the report o f the Committee. The Council also appointed a deputation to interview the President and Secretary o f the principal builders’ associations with a view to inducing them to advise their members that advertisements for the sale or lease of new houses should contain no reference to solicitors’ costs. The Council were also of the opinion that where new property is sold by way of lease the contract for the lease should provide that a marketable title 1

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