Doyles Solicitors have been helping clients to successfully navigate the sometimes complex process of buying and selling property since 1952.
Our experienced team excels at keeping clients updated through clear communication, ensuring that all of the important details are addressed effectively and at managing the legal elements of the purchase in the most efficient way possible.
We have put together a brief guide below to buying your property – if we can help you in any way, please do call us on 053 91 23077.
Why do I need a Solicitor to Buy my Home?
There are many crucial areas that need very careful examination by an experienced and knowledgeable professional when a property is being purchased. It is extremely difficult to rectify a problem with the title to the property, e.g. deeds, property access, or planning, after you have bought it – before you pay for or sign anything is the time to check every aspect carefully and your solicitor is trained to do this for you.
How Do I Choose my Solicitor?
Ask friends, family members and colleagues – a personal recommendation is very useful, but make sure that the recommendation is relevant to the service that you are looking for.
Check your solicitor’s track record – how long have they been in business?
The Law Society of Ireland (lawsociety.ie) is a good resource to find out what your solicitor’s qualifications are and when they were attained. It will also tell you if there have been any cases of professional misconduct against them.
Once your offer to buy has been accepted by the seller, you will need to pay a booking deposit and give the details of your solicitor to the seller’s estate agent or auctioneer.
Checking Contracts and Title
The seller’s solicitor will then send the contracts and title deeds to your solicitor to check. Depending on the type of title, your solicitor may have to examine every deed that the property has ever had – the older the property the longer this process will take. If the property does not have “good, marketable title” you may not be offered a mortgage on it by the bank. It is your solicitor who certifies that the title is in order.
At this stage your solicitor will identify any issues that need to be resolved, such as access rights, planning permission etc. and queries them with the seller’s solicitor.
You will need to pay a deposit on the property and the property will be considered “Sale Agreed”.
What is included in the Sale?
The contract will detail what elements are included in the sale. Your solicitor will go through this with you to ensure you are aware of what has been excluded by the seller.
Signing of Contracts
When your solicitor and you are satisfied that all queries have been addressed satisfactorily, you will be invited to sign the contract and your solicitor will send the contract to the seller’s solicitor for signing by the seller.
At this stage, the buyer is generally expected to pay the contract deposit of 10% of the sale price
The seller is now legally bound to sell the house to you and you are legally obliged to buy the property.
The solicitor will receive the Mortgage pack from your bank, if applicable, and will check it and complete it. You will sign the mortgage documents (probably at the same time as signing the contract).
Closing the Sale
Once the contracts have been signed by all parties and all queries have been satisfied, your solicitor will contact the seller’s solicitor to arrange closing.
Your solicitor will draw down funds from the bank and then order searches on vendors and title. Your solicitor will then close the sale and arrange for you to pick up the keys to your new property!
You will be invited to your solicitor’s office to sign the deed to your new property. Your solicitor will stamp the deed and make sure it is registered with the Property Registration Authority. The title will then be sent to the bank and your solicitor will advise you to make or update your will.