Posted in Conveyancing
by Karen O'Donovan
on Thursday 12 February 2015

1. Are you selling through a private treaty or auction? Is there a Mortgage on the Property in Sale, if so you will need to give authority to your solicitor to take up the title deeds from that financial institution? This should be done at the earliest possible stage.

2. The Contracts will be drafted and sent to the Purchasers solicitors along with a copy of the title documents. What Title-Documents will be needed; an up to date Folio and File plan; Certificate of Identity; Certificate of Compliance with Building & Planning Regulations; BER Certificate & Advisory Report; Planning Permission.

3. Once all pre-contract enquiries have been dealt with the Contracts will be returned signed with the balance of the deposit for the property.

4. You will then need to sign the contracts witnessed by your solicitor at which stage you become legally bound to the sale, the Contract will be exchanged between solicitors and thus complete ling the binding contract.

5. The Purchasers solicitor will raise Requisitions and Objections on Title and draft the Deed of Transfer, both of which will be sent to your solicitor to be completed and signed.

6. Your solicitor will complete the replies to the Requisitions mentioned above and return along with further documentation that will need to be signed by you, such as; A Family Home Protection Act Declaration when you are selling your family home (a copy of marriage certs, civil partnership certs or death certs will also be required here); A Section 72 Declaration and in some cases a Declaration by you that there has been no alterations or extensions to the property and the Deed of Transfer.

7. A closing date will be agreed upon. Your solicitor will obtain redemption figures from your financial institution if there is a mortgage on the house so as to redeem the loan on close of the sale. House keys and Alarm code to be provided to your solicitor for closing of the sale. Any outstanding bills or taxes on the property should be discharged. Note if the property is not your main residence you will be liable for Capital Gains Tax. You should inform companies such as the ESB, Eircom, etc. of the closing date and scheduled vacate of the house.

8. The sale will close on the proposed date by the Purchasing Solicitor handing over the balance of monies due in exchange for the title documents.

9. Your solicitor will redeem the loan amount with the financial institution.

10. Costs – Solicitors fee and the auctioneer’s fee will need to be discharged also.