"Mistakes all round" between an auctioneer and a solicitor ended up in part of a deposit cheque being sent to the purchaser of a house rather than the seller, a court heard yesterday.
But Christopher Dowdall and Susan O'Toole's decision to hold on to the €1,800 cheque, rather than hand it back, cost them an additional €200 in interest, €100 in witness expenses and an unspecified legal bill.
They were sued by the vendor, Alan Cosgrave, with the auctioneer involved, Tom Maher and Co Ltd, Main Street, Tallaght, as a named third party.
Dublin District Court heard the couple bought Mr Cosgrave's house at the Lawns, Belgard Heights, Tallaght in November 2005.
They lodged a booking deposit of €7,500 with Tom Maher, who deducted his fees from that sum.
The balance, €1,858, was due to be sent to Mr Cosgrave but was sent in error to Ferrys solicitors, who represented Mr Dowdall and Ms O'Toole in the transaction. "There were mistakes all round," said Neville Murphy, solicitor for Mr Cosgrave.
Mr Dowdall, who represented himself and Ms O'Toole, said he should not have been blamed for the mistake. "How did I know the cheque was a mistake when it was refunded to my solicitor?" he said.
He had offered Mr Maher €1,600 last week and promised to pay the balance the next day, but it had been refused. Judge John Coughlan said Mr Dowdall knew he got it by mistake and should have given the entire amount back, not just €1,600.
