The role of a conveyancing solicitor acting on behalf of the purchaser is crucial in ensuring a smooth and legally sound transaction.
The following outlines the basic steps in this process:
1. Engagement and Instruction: The first step is for the purchaser to engage a conveyancing solicitor. Once engaged, the solicitor will gather information about the property and the transaction. This includes obtaining the sales contract, property details, and any relevant documents from the seller’s solicitor.
2. Local Authority planning searches: Local authority searches are conducted to identify any planning, zoning, or environmental issues that may affect the property. The solicitor will check with the local authorities for any outstanding enforcement notices or planned developments in the area.
3. Survey: While not a legal requirement, many purchasers opt to have a survey conducted on the property to identify any structural issues or defects. The solicitor should advise the purchaser on the importance of these surveys and assist in coordinating them. Caveat Emptor applies.
4. Mortgage Arrangements: If the purchaser is obtaining a mortgage to finance the property purchase, the solicitor will liaise with the mortgage provider to ensure all necessary documents are in order. This includes reviewing the loan offer preparing and submitting the mortgage drawdown application and coordinating the release of funds for the purchase.
5. Contract Review: The solicitor will carefully review the draft contract provided by the seller’s solicitor. They will advise the purchaser on the terms and conditions of the contract, ensuring that it adequately protects their interests.
6. Title Investigation: The solicitor will conduct a thorough investigation into the property’s title. This involves reviewing all relevant title documents and checking for any encumbrances, restrictions, or legal issues that might affect the property. This step is crucial in ensuring that the seller has the legal right to sell the property. Any necessary negotiations or amendments to the contract will be carried out at this stage.
7. Signing of Contracts: Once both parties are satisfied with the terms of the contract (and any loan offer), the purchaser will sign the contract with their solicitor. It is now also possible to e-sign contracts. At this stage, the balance deposit is now paid by the purchaser to the seller’s solicitor Then the seller signs and contracts are exchanged.
8. Closing and Completion: On the agreed completion date, final searches are completed and original title deeds and transfer papers are exchanged and the remaining balance of the purchase price is transferred from the purchaser’s solicitor to the seller’s solicitor. Once completed and in order, the keys are handed over, and the purchaser officially becomes the owner of the property.
9. Post-Completion Matters: After completion, the solicitor will handle post-completion matters, including providing the purchaser with a closing statement detailing all financial transactions, paying any applicable stamp duty and registering the transfer of ownership with the Land Registry. If there is a mortgage the title deeds will be sent to the lender. If not, a purchaser may collect their title deeds from their solicitor.
For any enquiries about these matters, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.