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.
The Irish Times is this afternoon reporting that Robert Dore, solicitor for Mr Boylan, Annalee Grove, Cootehill, told Judge Jacqueline Linnane his client was consenting to judgment in the Circuit Civil Court and gave a declaration that the money was being held in trust for Marian Ryan, of Rushbrook View, Templeogue, Dublin.
The paper reports that barrister Clodagh Gartlan told an earlier hearing of the court that Boylan "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.
The judge heard that 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 of the sale proceeds due to her.
Ms 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 Turkey.
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 Mr Boylan informed her the sale of her property would be concluded within six weeks, knowing the sale had already concluded a month earlier.
However, 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, that it had always been his wish that they could come to an agreement and that over a period Ms Ryan would "get it all".
Proceedings against Mr Boylan were adjourned generally with liberty to re-enter.