Selling FAQ’s
The first steps are to select a suitable Auctioneer or Estate Agent and Solicitor. The sooner you get to meet them the better as they will advise you on how to proceed with your sale as smoothly as possible and advise you about the critical mistakes to avoid.
Some sellers prefer to deal with the local agent who specialises in property in the area whereas others prefer to deal with one of the bigger countrywide agencies who may have a bigger client base. There are pros and cons in dealing with each. A local agent will usually be familiar with the property having sold similar in the locality. Very often the local agent will be more amenable to reduce the fee in order to get the business. A larger agent will have access to a broader marketing network and is perceived as having greater bargaining clout which can work to the sellers advantage. Either way a lot will depend on the personality and experience of the person appointed within the agency to deal with your sale. Having interviewed the relevant agent you should be in a better position to select the most suitable one for you.
The best way to choose a solicitor is to get a referral from a friend or acquaintance who has dealt with one and who was satisfied with the service. Key points to look out for are :
- Experience in dealing with property transactions. You need a steady experienced hand on board if things go wrong.
- Easy to contact. As the sale process can be stressful you need to be able to contact your solicitor quickly at all times. Your telephone calls should always be answered same day or within 24 hours max.
- Friendly and efficient service. You need to be able to have confidence in your solicitor and feel you have a friend to help you in what can be the most stressful situation you may encounter.
- Ability to speak plain English. You need to be able to understand what is going on and avoid being spoken to in legaleze.
- Cost effective. Traditionally Solicitors charged 1% of the sale price plus vat and standard outlays. You should be able to negotiate a reasonable fixed fee for the work being undertaken. It is best to avoid the cheapest quotes in the market as they are usually from firms who are desperate for business and you do not want your sale to end up being a conveyor belt conveyance.
The sooner the better. If your deeds are with a bank or building society then it may take up to two weeks to retrieve them and remember your solicitor cannot advise you if there are any problems until the deeds are reviewed. Also, contracts for sale cannot be prepared until the deeds are available. Frequently an up to date Folio must be purchased from the Land Registry and perhaps other copy documents will be required from a government agency. All of this will take time and may delay the sale if you have secured a purchaser.
Typical problems selling a property are :
- Missing title documents;
- Extensions or alterations without planning permission or Architects Certification.
- Incorrect site map showing wrong site boundaries.
- Rights of way or other easement issues.
- Badly drafted title deeds.
- Delays in purchasers getting finance.
- Delays in getting your mortgage protection policy.
- Pay your NPPR charge and give the receipt to your solicitor;
- Pay your Household Charge;
- Pay your ground rent (if applicable);
- Bring your deeds to your solicitor or
- Sign a permission for your solicitor to get the deeds from your lender.
- Get an architect to certify any extensions or alterations to the house;
- Ger a mapper to prepare a Land Registry compliant boundary map;
- Get a Building Energy Rating inspection carried out as soon as possible.
- Send your Solicitor a copy of your Passport/Driving License together with a copy of a recent utility bill.
- Send your solicitor your PPS Tax reference number on an official letter from Revenue or a government department.
- Read our ‘Step by Step Guide’ to selling property which will give you a better understanding of the process.
Buying FAQ’s
The best way to choose a solicitor is to get a referral from a friend or acquaintance who has dealt with one and who was satisfied with the service. Key points to look out for are :
- Experience in dealing with property transactions. You need a steady experienced hand on board if things go wrong.
- Easy to contact. As the purchase process can be stressful you need to be able to contact your solicitor quickly at all times.Your telephone calls should always be answered same day or within 24 hours max.
- Friendly and efficient service. You need to be able to have confidence in your solicitor and feel you have a friend to help you in what can be the most stressful situation you may encounter.
- Ability to speak plain English. You need to be able to understand what is going on and avoid being spoken to in legaleze.
- Cost effective. Traditionally Solicitors charged 1% of the purchase price plus vat and standard outlays. You should be able to negotiate a reasonable fixed fee for the work being undertaken. It is best to avoid the cheapest quotes in the market as they are usually from firms who are desperate for business and you do not want your purchase to end up being a conveyor belt conveyance.
See our free download ‘Steps 1-16 to completing your property purchase’ in which the process is explained in simple easy to understand steps.
Having decided on a suitable property you will be asked to pay a booking deposit to an estate agent. This can vary from 3,000.00 up to 15,000.00 depending on the value of the property. It is refundable up to the time you sign the contract to purchase. Payment of the deposit will trigger the release of the sale details to the solicitors on each side of the transaction. This letter advises them of the names and addresses of the seller and purchaser, the sale price, booking deposit paid, the contents (if any) included in the sale and the agreed closing date.
Yes. Once the contracts are signed by seller and purchaser and exchanged, the deposit becomes unrefundable if you are unable to complete the purchase. It is important therefore to ensure you can come up with the funds to buy the property before you exchange contracts.
Before signing contracts, you should arrange for your surveyor to inspect the property to ensure it is up to standard and to alert you to any issues such as dampness, dry rot, subsidence, pyrite, radon gas, and planning for any extensions and alterations. When purchasing a property in Ireland the rule is ‘buyer beware’ which means that if you discover any flaws after the contracts are signed then it is your problem not the sellers!
When your Solicitor has received the Contracts from the seller’s solicitor and the Loan Pack from your lender, you will be required to visit your solicitor to sign the Contracts and pay the Contract Deposit (10% of the purchase price less booking deposit already paid). With a new house you may not be obliged to pay a full 10%, instead a reduced payment (called a stage payment) is accepted. The amount of the stage payment is specified by the Estate Agent at the outset. This should happen within 3 weeks of paying the booking deposit. Your solicitor returns the Contracts and Building Agreements in duplicate signed by you together with the Contract Deposit to the Seller’s Solicitor. The deposit is non refundable as soon as the seller signs the contract and returns it to your solicitor. At that stage the closing date suitable to each side is confirmed.
No. In most cases your solicitor will attend and you can meet him afterwards to collect a key and to sign the final papers. After the sale is completed you must sign the Purchase Deed. This document is only handed over to your Solicitor at the closing and is not available for signature by you prior thereto. You must sign immediately following the closing as there are strict time limits for payment of stamp duty.
Appoint a solicitor to investigate title and guide you through the process. Remember that, as in all purchases, the cheapest quote is not necessarily the most economical. Firms that quote rock bottom fees are providing a Ryanair type service where you will be charged for any additional services supplied along the way. Because they handle high volumes, do not expect the level of service you receive to be the same as that provided by your average law firm.
You must now arrange for the lender to issue a written loan approval relating to the house you propose to buy. This approval will contain the terms and conditions of the loan.Careful attention should be paid to the ‘special conditions’ which generally require production of insurance, mortgage protaction and satisfactory survey before the loan cheque will be released to your solicitor. At the same time that the loan cheque issues, a ‘loan pack’ will be sent to your solicitor containing all the documents required to put the mortgage over the property in place.
All lenders require you and your partner to have Life Insurance, or more commonly known as Mortgage Protection. If either you or your partner dies before the mortgage has been repaid, insurance is designed to cover the mortgage amount outstanding, at the very minimum, depending on the type of life cover selected. Home Insurance is also highly advisable and is required by all lending institutions to insure your home and property against e.g fire, theft. This step often takes longer than many buyers expect so allocate time to making it happen.
The completion is the formal completion of the purchase. This takes place at the Seller's Solicitors offices. You do not need to attend as your Solicitor will represent you. Your Solicitor checks the Vendor's Title and when he/she receives good Title with fully signed documents hands over the balance of the purchase price. At that keys are handed over to your Solicitor. For a second hand purchase for a new house the Site Foreman is contacted by telephone following completion of the transaction and informed to release the keys to you. Usually you collect the keys from the Site Foreman.
Following signing by you of the Purchase Deed your Solicitor will proceed to stamp the Purchase Deed and Mortgages and then register same in the Land Registry/Registry of Deeds. Registration can take months, if not years, depending on the County and type of property involved. After registration, the deeds are sent to the Lender where they are stored until you pay off your loan.
So why not get a no obligation fixed fee quote now. You could save a lot of money. If you have questions, why not call or email us now without obligation and we will be happy to answer your queries without charge.
Disclaimer
No solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between O’Shea Legal and you until you have received confirmation in writing from us in which we confirm our appointment as your Solicitors.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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The Executors Guide - 'At last a step by step guide, composed in plain english, for the executor or administrator who chooses not to employ a solicitor. This book contains invaluable advice and tips on how to get the difficult task of winding up an estate of a deceased person done as quickly as possible avoiding the traps for the unwary. It covers all the steps from the grave to the final distribution of the estate. It can save the estate thousands of euro in legal fees'
The Executors Guide - 'At last a step by step guide, composed in plain english, for the executor or administrator who chooses not to employ a solicitor. This book contains invaluable advice and tips on how to get the difficult task of winding up an estate of a deceased person done as quickly as possible avoiding the traps for the unwary. It covers all the steps from the grave to the final distribution of the estate. It can save the estate thousands of euro in legal fees'
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