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WHAT IS INVOLVED IN BUYING / SELLING PROPERTY?

There are 4 stages in the purchase/sale of a property:

  1. Pre-Contract Stage: The Vendor's Solicitor forwards the contracts and copy title documents to the Purchaser's Solicitor. It is the Purchasing Solicitors' job to read the title, raise queries if necessary and satisfy themselves that good title is being furnished to the Purchaser. The Purchaser must have a written letter of loan offer from the lending institution prior to signing contracts. These matters can take some time however once in order, contracts maybe signed and returned to the Vendor's Solicitor, together with a contract deposit, usually 10%. The Vendor's Solicitor arranges for the Vendors to sign them. It is at this point that the contract is legally binding. All loan documentation is usually signed at the same time as the contracts and returned to the lending institution.
  2. Post Contract Stage: There is usually a period of 4 weeks between the return of contracts and the closing date. Delays at this stage are a regular feature of a transaction and usually involve satisfying the conditions of the lending institution's loan offer. In the case of a newly built property, the Purchaser must snag the property and be satisfied that the snag list has been satisfactorily dealt with prior to closing. Meanwhile the Vendor's Solicitor will be compiling the closing documents.
  3. Closing: Once the loan cheque issues, the balance of the purchase monies (including stamp duty if applicable) will be required to allow the Purchaser's Solicitor attend at the Vendor Solicitor's office in order to exchange the purchase monies for the title documents and the keys. The Purchaser's Solicitor will have made searches ensuring the Vendor is not bankrupt and that there are no judgments against the Vendor or the property. If there is, the Vendor's Solicitor must satisfactorily explain them.
  4. Post Closing: After the closing of the sale, the transfer deed and other documents must be signed by the purchaser and stamped by the Revenue Commissioners before the transfer deed and related documents are lodged with the Property Registration Authority for registration. Once the title is registered the lender is sent the documents, with a certificate that the title is good and marketable. The Purchaser will be sent a copy of the title after registration.

Costs

Stamp Duty: The rules about stamp duty have been simplified since the 2011 Budget announced in December 2010. The changes apply to instruments executed on or after 8 December 2010. The rate of stamp duty for the transfer of residential property has been reduced to 1% of consideration up to €1,000,000 and 2% of the balance of the consideration. The first time buyer relief has been abolished. Browse to the Revenue Website for further details.

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Solicitor's Fees: Costs will range from €950 to €1,150 plus VAT and outlays will depend on the conveyance.