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Negotiations under way over incorrect property sale in Co Mayo

The Cual Gara complex in Ballina, Co Mayo
The Cual Gara complex in Ballina, Co Mayo

Negotiations are under way after a property was sold in Co Mayo without the owners being aware of, or consenting to, the sale.

The one-bedroom apartment in Ballina was put on the market by receivers acting on behalf of the accountancy firm Deloitte last year.

But it has emerged that the wrong property was advertised, shown to prospective purchasers and subsequently sold at auction.

Instead of selling Apartment 9 in the Cual Gara development, Apartment 11 was sold. The former is a two-bedroom apartment which a bank had taken ownership of.

The owner of Apartment 11 claims that he only discovered the error when the process had been completed and a new occupant had moved into his premises.

John Fallon says he used the apartment as an office for some time but due to ill health, he had not been in the building for a number of months.

He only realised his apartment had been sold when he was dealing with property management fees due on another premises he owns in the same complex.

The original numbering has been removed from the front door of his premises and replaced with a number 9.

In a letter sent to Mr Fallon, solicitors for the receiver said that due to "exceptional circumstances, an error was made in the identification and sale/purchase of the property".

The correspondence goes on to say that the purchaser was "inadvertently shown the property which is actually known as No 11 Cual Gara ... provided with a map identifying No 11 Cual Gara and finally also handed keys / possession of No 11 Cual Gara on closing."

The letter says that the error did not come to light until after the sale had closed.

The apartment was advertised for sale at a property auction which was held in Galway in May 2016.

Viewings were held and the successful bidder secured the apartment for €42,000.

The sale was noted on the Property Price Register on 11 November last.

The purchaser subsequently carried out work on the apartment and moved into it before the mistakes came to light.

The person who purchased the apartment at auction has instructed a Sligo-based law firm to handle the matter.

Mr Fallon is also examining his options, with a view to securing a resolution of the matter.

The mix-up means there are now two doors in the apartment complex with the number 9 on the door.

The numerical order on apartment doors runs as normal from 1 to 10, before a second number 9 is found on the door of the property adjacent to apartment 12.

Deloitte and the solicitors firm acting on behalf of the receiver made no comment when contacted by RTÉ News.

Damien Tansey, the solicitor now acting on behalf of the purchaser at last May's auction, said his client had purchased the apartment in good faith and had received documentation relating to the title on the property prior to the sale closing.

This is despite Mr Fallon having Land Registry 'Registry of Ownership' documents stating he and his wife are the owners of Apartment 11.

Efforts are continuing to arrive at a solution that is satisfactory to both parties.