Conveyancing Solicitors
What is Conveyancing?
Conveyancing is the legal process of transferring the Title Deeds of a property from one person to another. This involves creating a legal document, drafted by a conveyancing solicitor, and signed by the property's current owner (Vendor or Donor) to transfer ownership to a third party. The finalised act is then registered in the proeprty registartion authority called Tailte Ireland , typically after paying the required registration fee.
Conveyancing Law in Ireland: Property Transfers
Conveyancing law in Ireland plays a crucial role in overseeing the transfer of property ownership. It guarantees a seamless and safe transition of houses or apartments, safeguards the interests of buyers and sellers, and confirms the legal legitimacy of property transactions
Step-by-Step Overview of the Conveyancing Process in Ireland
1. Pre-Contract Stage: Getting Started
3. Due Diligence and Searches: Ensuring a Smooth Transaction
2. Contract Execution: Making it Official
When buying property in Ireland, the first step involves hiring a solicitor or licensed conveyancer. They check the property's legal title, search for issues, and review relevant documents. The seller's solicitor then prepares the initial contract for discussion.
2. Contract Execution: Making it Official
3. Due Diligence and Searches: Ensuring a Smooth Transaction
2. Contract Execution: Making it Official
Once both parties agree on the terms, they sign the contract, and the buyer pays a deposit to secure the property. At this point, the contract becomes legally binding.
3. Due Diligence and Searches: Ensuring a Smooth Transaction
3. Due Diligence and Searches: Ensuring a Smooth Transaction
3. Due Diligence and Searches: Ensuring a Smooth Transaction
The buyer's solicitor conducts thorough searches to ensure no hidden problems or restrictions related to the property. These searches typically include checking Land Registry records, local authority information, and environmental factors.
4. Closing and Completion: Finalising the Deal
3. Due Diligence and Searches: Ensuring a Smooth Transaction
3. Due Diligence and Searches: Ensuring a Smooth Transaction
On the agreed-upon completion date, the buyer's solicitor manages the financial transactions, including paying the remaining purchase price and associated fees. The seller's solicitor then hands over the necessary legal documents, transferring ownership of the property to the buyer.
By following these steps, buyers and sellers can naviga
On the agreed-upon completion date, the buyer's solicitor manages the financial transactions, including paying the remaining purchase price and associated fees. The seller's solicitor then hands over the necessary legal documents, transferring ownership of the property to the buyer.
By following these steps, buyers and sellers can navigate the property transaction process smoothly, understanding their obligations and ensuring a legally sound agreement.
Objections and Requisitions on Title
These are queries and requests raised in respect of the vendor’s title and other matters relevant to the property being sold.
Land Registry Documents
Land registry documents comprise a property's folio in 3 parts:
- Part 1 gives details of the property and a map reference.
- Part 2 gives the registered owner and class of title.
- Part 3 lists the burdens on the title, e.g. mortgages/charges.
A transfer deed transfers ownership of land registry property, but the title only passes when the transfer has been registered in Land Registry.
- Conveyancing Landlord and Tenants Lawyer Cork Kerry
Vendor’s Solicitor
- Check the seller’s title to the property, prepare the contract for sale
- Reply to requisitions on title (see below), draft the Family Law declaration setting out the position re the Family Home Protection Act, 1976
- Check the place re outgoings for the property and know that they will be discharged prior to closing
- Arrange for closing of the sale, find out what mortgage is outstanding on the property to ensure discharge of same once funds are received from the purchaser’s solicitor
- Discharge any undertakings given on closing.
Purchaser’s Solicitor
The purchaser’s solicitor will need to:
- Read the contract and related documentation, check the title, and any special conditions in the contract.
- Advise the purchaser to have a complete structural survey on the property carried out because when buying a second hand property the principle of “caveat emptor” (buyer beware) applies.
- Advise on tax such as stamp duty which will be payable and ascertain whether there are any tax reliefs available.
What role does a Conveyancing Lawyer in Cork & Kerry play in the property purchase process?
When purchasing a property, a Conveyancing Lawyer in Cork & Kerry manages key legal tasks.
They ensure the buyer’s mortgage documents are completed and organized. They also handle family home declarations, verifying marital status, civil partnerships, cohabitee, or single status.
This allows the buyer to formally confirm the information, ensuring smooth property transactions.
How Green & Associates Solicitors Can Assist?
Explore our practice areas for detailed insights into your property transaction process:
Legal Title
We ensure the seller holds a valid title and can provide clear proof of ownership for transfer.
Due Diligence
We conduct thorough investigations to identify any issues like liens or mortgages, safeguarding the buyer’s interests.
Contractual Obligations
We define the rights and responsibilities of both parties, ensuring transparency, proper documentation, and adherence to agreed terms.
Solicitors Conveyancing
- Landlord and Tenants Lawyer Cork
- Name, address, telephone number, mobile phone number, email address.
- Marital/civil status.
- Marriage certificate/civil partnership certificate, if applicable.
- Evidence of PPS number and tax type.
- Whether the property is to be a principal residence/investment property. Conveyancing
Conveyancing solicitors near me
Summary of questions for a purchaser
Conveyancing Landlord and Tenants Lawyer Cork Kerry
- Contact details - name, email, phone, postal address.
- Type, age, location and other details about the property.
- Loan details, if any.
- Purchaser’s details, including marital/civil status.
- Tax matters.
The quotation for professional fees will not include additional work that might arise from the circumstances of your particular case. Examples would include the following, but there could also be other additional work:
- Planning problems.
- Advices relating to litigation about the purchase.
- Problems with the seller’s ownership, such as mapping difficulties.
- Missing deeds.
- Delay by either side, resulting in additional work.
- Problems arising in the course of the transaction that will require us to negotiate a solution with the other side.
Conveyancing Solicitor
Conveyancing Landlord and Tenants Lawyer Cork Kerry
Exchange of contracts between seller and purchaser
- Raise pre-contract inquiries with seller’s solicitor and consider responses.
- Arrange for purchaser to sign contracts.
- Send contracts to seller’s solicitor with the deposit.
- Raise detailed queries on the title. Review the responses. (This process to be repeated until all issues arising are resolved.)
- Send the draft closing documents to the seller’s solicitor for approval.
The Mortgage
Conveyancing Landlord and Tenants Lawyer Cork & Kerry
- Complete and arrange the signing of the mortgage documents by the purchaser.
- Complete the family home declarations, confirming marital/civil partnership/cohabitee/single status and arrange for purchaser to swear to the contents.
Arrangements for the completion of the sale
Conveyancing Landlord and Tenants Lawyer Cork Kerry
- Request the loan funds from the lender, so that they are available for the closing date.
- Prepare the solicitor’s bill.
- Request and receive from the purchaser any balance purchase money needed, in addition to the loan, together with the solicitor’s costs, stamp duty and registration fees.
- Get proof of payment of property and household taxes.
- Conduct closing searches in the various State registries to ensure the title is still clear
- Set up the arrangement for clearing off the seller’s mortgage.
Closing of the sale
Conveyancing Landlord and Tenants Lawyer Cork Kerry
- Exchange the purchase money for title deeds, other closing documents and keys.
- Advise the purchaser to insure the property immediately, if this is not being done by the lender.
After completion
Conveyancing Landlord and Tenants Lawyer Cork Kerry
- File a stamp duty return online and pay the stamp duty to the Revenue Commissioners
- Advise purchaser that stamping has been completed.
- Lodge certificate of stamping, deed and other documents
- Answer any Land Registry queries arising.
- Follow up any professional promises or undertakings
- When the registration is completed, obtain a copy folio
- Certify the title
- Reconcile any amounts remaining in the client account and finalise with the purchaser.
Contact Green and Associates today! (021)470 8570
Looking to sell, buy, or transfer a property? We highly recommend scheduling a consultation with our conveyancing solicitors today. Our team has the expertise and experience to guide you through the process and ensure a smooth transaction. Don't hesitate to reach out and schedule a consultation with us. 0214708570 info@greensolcitors.ie
