Residential Property

We provide legal services in all areas of buying, selling, re-mortgaging and renting of residential property (known in the law as "conveyancing"):

  • Selling Residential Property
  • Buying Residential Property
  • Re-Mortgaging and Financing
  • Residential Tenancies

SELLING

It is essential as a first step in the selling process to let us know where your Documents of Title are kept. If held by a lending institution, it is essential to the smooth running of the process to authorise us to take up these Documents of Title so that the necessary Contract for Sale can be drafted in anticipation of the proposed sale.

The process of selling is usually conducted through a licensed auctioneer appointed by you as the seller. Once the auctioneer has negotiated an agreed price for the property on your behalf Contracts for Sale together with copies of the documentary proof of your title to the property are forwarded to the intended purchasers' solicitors.

Contracts for Sale are then signed and returned by the purchasers' solicitors together with the balance of deposit (usually 10% of the purchase price, including booking deposit). Once you have signed the Contracts for Sale and one part is returned to the intended purchasers' solicitors then a binding contract is in existence.

You can then set your sights for the closing date which is usually agreed in advance and set out in the Contracts for Sale.

On the closing date, subject to all closing searches being clear and necessary documents being furnished to the purchasers' solicitors, the balance of funds is handed over to complete the transaction. On receiving the balance of funds, we attend to discharging the mortgage on the property if there is one and returning the net balance of funds to you after payment of fees.

If you are selling a property, we recommend you do the following as soon as possible which will greatly assist in the smooth running of the transaction:

  • Contact us to provide you with a written quote on professional fees, outlays and disbursements;
  • Contact us to sign a written authority to take up the Documents of Title from your lending institution;
  • Provide us with a copy of your Passport / Driver's Licence / Utility Bill with name and current address;
  • Provide us with you PPS Number(s);
  • Provide us with your State Marriage Certificate / Separation or Divorce papers;
  • Provide evidence of payment of the Household Charge, Local Property Tax and NPPR Tax;
  • Provide us with the BER Certificate and Advisory Report.

 

BUYING

The process of buying a property whether you are a first time buyer, purchasing the family home, trading up or down or purchasing property for investment purposes is one of life's major stresses. We believe that we can serve our clients by helping to take a good deal of stress out of the process for them.

We strongly recommend to all our clients that they retain a fully qualified and insured building surveyor / engineer to carry out a pre-contract structural report on their proposed purchase. The reason for doing so is simple. By law, the onus is on you as the purchaser to satisfy yourself that the property is structurally sound as best can be ascertained; i.e. the saying "buyer beware" is very much in play here. Your retained building surveyor / engineer may also be able to advise you about whether extensions or alterations have been carried out to the property and also on boundary issues.

Once you have agreed a purchase price with the auctioneer, Contracts for Sale and copies of documents proving title to the property will be forwarded to us by the sellers' solicitors. It is important that you ensure prior to signing any Contracts for Sale that you have a formal loan offer from your lending institution and that you are in a position to meet and terms and conditions set out in that loan offer.

When the Contracts for Sale have been reviewed and all necessary pre-contract queries have been made and satisfactorily answered, we will meet you to sign the Contracts for Sale and these will then be returned together with the balance of deposit (usually 10% of the purchase price, including booking deposit). We will also at the same time go through your loan offer documentation to discuss and confirm what is outstanding to fulfill the lending institution's conditions prior to draw down of the balance of purchase funds.

It is only when part of the Contract for Sale has been signed and returned by the sellers' solicitors then a binding contract is in place. You can then set your sights for the closing date.

Prior to the closing date, we will ensure that all matters outlined in your loan offer have been attended to and funds will be available to complete the purchase.

On closing, we make sure that all closing searches are clear and explained by the sellers' solicitors, and keys are released to you in a timely manner. Once this has been done, we attend to payment of stamp duty on the property (currently at the rate of 1% of the purchase price) and registration of your title to the property and your mortgage (if any) with the Property Registration Authority. All Documents of Title are then returned to you (if there is no mortgage on the property) or otherwise to your lending institution.

If you are buying a property, we recommend you do the following as soon as possible which will greatly assist in the smooth running of the transaction:

  • Contact us to provide you with a written quote on professional fees, outlays and disbursements;
  • Provide our contact details to the auctioneer and also your lending institution;
  • Provide us with a copy of your pre-contract structural surveyor / engineer's report when obtained;
  • Provide us with a copy of your Passport / Driver's Licence / Utility Bill with name and current address;
  • Provide us with your PPS Number(s);
  • Provide us with your State Marriage Certificate / Separation or Divorce papers
  • Get early quotes for both mortgage protection insurance and buildings insurance.

 

RE-MORTGAGE

A re-mortgage of a property is essentially where you replace your old mortgage with a new mortgage. Clients will often remortgage a property for a variety of reasons including, but not limited to, availing of a better interest rate from another lending institution, for the purpose of making home improvements or extensions, consolidation of debts or releasing equity in their property to acquire investment properties.

If you are re-mortgaging a property, we recommend you do the following:

  • Contact us to provide you with a written quote on professional fees, outlays and disbursements;
  • Provide our contact details to your lending institution;
  • Provide us with a copy of your Passport / Driver's Licence / Utility Bill with name and current address;
  • Provide us with your PPS Number(s);
  • Provide us with your State Marriage Certificate / Separation or Divorce papers
  • Get early quotes for both mortgage protection insurance and buildings insurance (if necessary)

 

RESIDENTIAL TENANCIES

Almost all residential tenancies in Ireland are now governed by the Residential Tenancies Act, 2004. The Act provides a legal obligation on the landlord to register a tenancy with the Private Residential Tenancies Board (also referred to as the PRTB). The failure to register a tenancy with the PRTB may result in a prosecution and possible fine of up to €4,000.00 and/or 6 months imprisonment.

Importantly, the Residential Tenancies Act, 2004 sets out the obligations of the landlord and the tenant.

Under Section 12 of the Act, the landlord's obligations towards the tenants are as follows:

  • Allow the tenants peaceful and exclusive occupation of the property
  • Carry out all repairs to the property that may be necessary from time-to-time
  • Keep the property insured against loss, damage and destruction
  • Return and repay any deposit paid by the tenant on termination of the tenancy
  • Notify the tenant of anyone authorised to act on behalf of the landlord (e.g. an estate agent)
  • Reimburse the tenants for any reasonable expenses incurred by them in repairing and maintaining the property

Under Section 16 of the Act, the tenant's obligations towards the landlord are as follows:

  • Pay the rent due under the tenancy agreement
  • Pay charges or taxes
  • Allow the landlord reasonable access to the property
  • Notify the landlord of any deterioration of the property
  • Not to behave in an anti-social manner
  • Not to transfer the tenancy without the written consent of the landlord
  • Not to alter or repair the property without the written consent of the landlord
  • Not to use the property for any other purpose other than a residential property without the written consent of the landlord

Whether you are a landlord or a tenant, if you are in doubt as to your rights or obligations you should always look to the written wording in your tenancy agreement.

The PRTB provides the framework to help landlords and tenants resolve disputes. Parties to disputes can voluntarily agree to mediate their disputes or, in the alternative, chose to have their disputes heard before a tribunal and seek a binding order in cases where a complaint / claim is successful. It is not necessary that you be legal represented before the PRTB, it may be advisable in certain circumstances. Unfortunately, in the majority of cases, the PRTB does not allow the cost of being legally represented to be recovered despite the fact that your claim or defence of a claim may be successful.