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Outline to Sale of Property
When we act for Vendor:
When we get instructions to sell a property on behalf of
our clients the following steps are taken: -
- We apply to take up Title Documents from the client's
financial institution
- Write to client sending out our cost letter
- Prepare Contracts and send to purchasers solicitors with
certified copy Title Documents
- We reply to any pre-Contract requisitions which the purchaser's
solicitor might raise
- If their client finds Contracts in order they will sign
them and send both Contracts back to us with a cheque for
the deposit, usually 10%. If there is an estate agent involved,
the proposed purchaser will usually have lodged a booking
deposit with them
- We lodge the deposit cheque to our client account to hold
on behalf of our client
- Our client calls to the office to sign the Contracts
- We return one part of the Contract to the solicitor for
the purchaser
- The purchaser's solicitor raises Objections and Requisitions
on Title and sends two copies to us together with a draft
Purchase Deed (Deed of Transfer for registered land and
Deed of Conveyance or Deed of Assignment for unregistered
land)
- If applicable we will apply for a Residential Property
Tax Clearance Certificate from the Residential Property
Tax Section in Dublin Castle on behalf of our client
- If applicable we will apply for a Capital Gains Tax Clearance
Certificate from the Revenue Commissioners on behalf of
our client
- We reply to the Objections and Requisitions on Title and
send back one signed copy to the purchaser's solicitor together
with the approved or amended Purchase Deed
- If there is a mortgage on the title, we obtain redemption
figures from our client's financial institution, as the
mortgage will be paid off on the day the transaction is
closed
- An appointment is made for a closing date between the
parties. The closing usually takes place at the vendor's
solicitor's office.
- We prepare Family Home Protection Act Declaration and
any other relevant documentation for signing by our client
- Prior to closing our clients comes in to sign up documentation
and to hand over keys and alarm codes
- We will prepare any undertakings for the purchaser's solicitor's
i.e. to forward redeemed mortgage to them or to discharge
Land Registry queries etc.
- We will prepare letters for the rating authority to show
that ownership has been changed and print out a PD Form
with our client's tax number on same
- Sale will close and we will hand over all title documents
- We will lodge sale proceeds to our client account, pay
off mortgage if applicable, raise our fee note and draw
a cheque to pay balance of sale proceeds to our client
- We will chase up vacated (redeemed) mortgages from financial
institutions and reply to any queries the purchaser's solicitor
may raise until they have discharged our undertakings in
full
Outline to Purchase of Property
When we act for Purchaser:
When we get instructions from our client that they are purchasing
a property the following steps are taken: -
- We open file and write to solicitors for vendor looking
for Contracts and Title Documents
- Write to client sending out our cost letter
- When received, we inspect Contracts and Title Documents
and raise any pre-Contract Requisitions with the vendors
solicitors
- When we are satisfied that the Contracts and Title are
in order our client calls to sign Contracts and gives us
a cheque representing the deposit of 10% of the purchase
price
- If our client is taking a mortgage on the property, we
will have them sign the necessary forms from their financial
institution which we will receive in their mortgage pack
- We send both Contracts and deposit cheque to solicitor
for the vendor
- Return Solicitors' Undertaking to client's financial institution
and request the loan cheque
- When the vendor has signed the Contracts and returned
one of them to us, we will raise our Objections and Requisitions
on Title in duplicate and draw up a draft Purchase Deed
(Deed of Transfer for registered land and Deed of Conveyance
or Deed of Assignment for unregistered land)
- When returned by vendors solicitor, check replies to Objections
and Requisitions on Title and make any amendments they may
have made to Purchase Deed, if any
- An appointment is made to close the transaction and we
chase financial institution to ensure that the loan cheque
issues on that date
- We prepare Family Home Protection Act Declaration and
any other relevant documentation for signing by our client
- We will order law searches to ensure that there are no
judgement mortgages or other encumbrances registered on
the property
- We raise our fee note and insert all outlays to include
registration fees, stamp duty, Law Searchers, Commissioners
fees etc
- After closing our client calls to collect keys, sign Purchase
Deed, Family Home Declaration etc, Mortgage Deed etc.
- When stamp duty has been received, the Purchase Deed and
Mortgage Deed are taken to the Revenue Commissioners in
Dublin Castle for stamp duty.
- The documents are then lodged in the appropriate Registry:
Land Registry for registered land and Registry of Deeds
for unregistered land
- We will reply to any queries raised from the Registries
if they arise
- On completion of registration, if there is a mortgage
on the property all Title Documents will be scheduled with
a Certificate of Title and returned to financial institution
by registered post
- The financial institution will discharge our Solicitors'
Undertaking
- If there is no mortgage on the property, we will schedule
documents and have client call to collect them and sign
for them.
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