Court makes judgment against estate agent over sale of holiday home

Co Cavan estate agent Sean Boylan has consented to a €42,000 judgment against him in favour of a Dublin woman whose holiday apartment he sold in Turkey and allegedly failed to pass on the proceeds of sale to her.

Robert Dore, solicitor for Mr Boylan, of Annalee Grove, Cootehill, Co Cavan, told Judge Jacqueline Linnane his client was consenting to judgment in the Circuit Civil Court and a declaration that the funds were being held on trust for Marian Ryan, of Rushbrook View, Templeogue, Dublin.

Barrister Clodagh Gartlan told an earlier hearing of the court that Boylan had misled her client and misappropriated the €42,000 proceeds of sale.

She said Boylan had "continuously deceived" Ms Ryan about the sale through his company M&M Marketing Strategies Limited. She told Judge Linnane it was feared Boylan may have already transferred the money from his personal account.

Ms Gartlan said Ms Ryan had reported to gardaí the misappropriation by Mr Boylan of the sale proceeds due to her and an investigation was in being.

Marian Ryan had stated in an affidavit that she had asked Boylan’s company, formerly Extra Sales Consulting Limited, trading as Extra Sales, to sell her apartment in Gold City, Analya, Turkey.

She said Mr Boylan had formerly been a director of M&M Marketing Strategies (M&MMS) prior to the High Court’s appointment of a liquidator last July. She had appointed M&MMS to sell her apartment in January 2013 and in March last year a sale had been agreed at €40,000 on the basis that at least €36,000 would be transferred into her bank account. At the behest of Mr Boylan she had executed a power of attorney in the Turkish embassy in Dublin.

Ms Ryan said in her affidavit that on April 21st last Mr Boylan had “falsely and dishonestly” informed her the sale of her property would be concluded within six weeks, knowing the sale had already concluded a month earlier.

She alleged she had been coerced into unknowingly relinquishing possession of her apartment on the basis the new owners wanted access to take measurements. A Turkish agent had confirmed to her he had already transferred €42,000 to Mr Boylan’s personal bank account.

Representing himself prior to Mr Dore having come on record for him, Mr Boylan told the court he did not have the money. It had always been his wish that they could come to some agreement and that over a period Ms Ryan would “get it all.”

Ms Ryan’s legal proceedings against Boylan was adjourned generally with liberty to re-enter.