CURRENT LEGAL ARTICLES

Selling a home is a large and complex transaction. What may seem to you to be a simple, straightforward sale can go badly off the rails unless it is appropriately planned. 

Therefore, involving your solicitor at the earliest possible moment is essential. If you take steps to sell your home before consulting your solicitor, you are risking delays and difficulties. You could, as a direct result, incur unnecessary expense, delay and worry.

• Speed up your house sale
• How your solicitor can help
• What you need to do
• Seeing your solicitor

Having certain essential documents in order and contacting your solicitor as early as possible will make the conveyancing process faster and more straightforward.

• Speed up your house sale

Your solicitor can advise you about the following matters:

• Pre-contract matters: location of title documents to your home, obtaining these from your bank on Accountable Trust Receipt (ATR) if necessary.
• Having the contract for sale drafted in advance.
• Agreement on a timeframe for sale, such as auction date and the closing date for giving vacant possession.
• Review of title to identify any potential difficulties, such as alterations or extensions, without either planning permission or consent under building regulations.
• Whether you should accept an offer which is “subject to loan” and, if so, on what terms.
• Identification of contents to be included or excluded from the sale.
• Advice as to whether you can commit yourself to purchase another home before the sale of your home is completed – and, if so, what financial and other complications are involved.
• Estimating the total cost and expenses you will incur in the sale (including legal fees, VAT, and other outlays) and estimated budget for the transaction.

Your solicitor will also look after the following:

• Exchange of contracts.
• Drafting closing documentation.
• Explaining title searches.
• Closing the sale.
• Post-closing matters – paying off any loan and obtaining a deed of release/discharge of loan from your bank.

Matters that you will need to look after include the following:

• After you see your solicitor, you will need to deal directly with your auctioneer regarding placing your home for sale, the necessary Building Energy Rating (BER) certificate (for information, see www. seai. i.e.), and any contents included in the sale and negotiation of the terms of sale (including the auctioneer’s fees and advertising expenses).
• Before closing, you must attend to closing any utility accounts.

Before seeing your solicitor:

• Do not take a deposit.
• Do not sign anything for anybody.
• Do not permit occupation by anyone until the sale is completed.

When seeing your solicitor, please:

• Phone for an appointment before arriving at the office.
• Bring photographic evidence of your identities, such as your passport or driving licence, and a document with your permanent address, such as an electricity bill or bank statement sent within the last three months. This is needed under anti-money laundering regulations [link].
• Bring with you any documents relating to the sale, including:
  • Your title deeds, if you have them.
  • Any papers or Vesting Certificate if you bought out your ground rent.
  • Details of any building work you did to your home, including planning permission.
  • Your mortgage account number if you have a mortgage.
  • Your state marriage certificate if you are married or civil partnership registration certificate if you are in a civil partnership.
  • Your separation agreement or judicial separation order if you are separated.
  • Your decree of divorce if you are divorced, or your decree of dissolution of civil partnership if you were in a civil partnership that has been dissolved.
  • Your PPS number and tax type (PAYE, income tax other than PAYE, VAT, etc.).
  • Evidence that any Non-Principal Private Residence (NPPR) charge due for 2009 to 2013 has been paid. For information on this issue, see www.nppr.ie.
  • Your LPT property ID number for Local Property Tax (LPT) and evidence that any LPT due for 2013 onward has been paid. For information on this issue, see the Revenue website.
  • Evidence that the Household Charge due for 2012 was paid. For information on this issue, see www. household charge.ie.
  • If your home has a septic tank, bring a valid certificate of registration with Protect Our Water (to be given to the purchaser). For information on this issue, see www. protect our water.ie.
  • If your home is on a group water scheme, up-to-date receipts for payment.
  • If your home is a flat/apartment or is in a managed development/property, details of the managing company and/or managing agents, an up-to-date receipt for service charges and a copy of any house rules.
  • Results of any radon testing carried out on your home, along with details of any remedial work or other alterations to reduce radon levels. For information on this issue, see www.EPA.ie.
  • Make a note of the questions you wish to ask your solicitor.
  • If you need to cancel an appointment, please phone and tell your solicitor.