Buying & Selling Houses

Once you have found a property that you’re interested in buying, whether through the services of a property website, auctioneer, estate agent or private sale, you’re going to need to hire a solicitor to handle the conveyancing. Conveyancing is the process of the legal work required to transfer a title deed from one person to another. 

With price and conditions agreed upon between the parties involved, the seller will look for the details of your solicitor to begin the conveyancing process. This is why it’s a good reason to have appointed a solicitor before this point, so that you are ready when the time comes. Things move fast in the property market!

From hereon in, the solicitor’s role is to do all the legal legwork and due diligence behind the scenes to make sure the purchase of the property goes off without a hitch.

This could involve checking for planning issues or potential environmental hazards, requesting and obtaining a copy of your mortgage offer, liaising with the property seller’s solicitor including drafting of contracts to specify the terms of the purchase/sale, drafting a deed transferring the title to the property to the buyer, and transferring the signed transfer deeds to the seller’s solicitor or conveyancer. 

Solicitors are key figures in the sale of property in Ireland, whose expertise is an important part of the process. Often, when people are selling a house they’re buying one at the same time, and it’s a good idea to have the same solicitor appointed for each transaction. This way you’ll be more likely to have a smooth and straightforward experience.

If you have a mortgage, your solicitor will be required to get in touch with your lender and request the title deeds for the property. The timeframe for this will vary, but usually you can expect it to take between one to two months. For this reason, you should ask your solicitor to start this process as soon as possible. 

Without a mortgage, the process is simpler. Being in possession of the title deeds yourself, you’ll need to pass them on to your solicitor so that they can investigate the title thoroughly and determine what documents are required to complete the sale. 

Both property solicitors and conveyancers are equipped to handle the paperwork and legal aspects of the sale or purchase of a house. However, the two professions are different in that conveyancing is an aspect of a property solicitor’s job, while for conveyancers it is the whole thing. Property solicitors can be conveyancers, but conveyancers can’t be property solicitors.

This is because, of the two, only property solicitors are fully fledged legal professionals. A property solicitor is a qualified lawyer, meaning they can provide the full spectrum of legal advice and representation required throughout the process of buying or selling a house. They are able to carry out conveyancing tasks, as well as deal with complex legal matters, unorthodox sales and all the unexpected quirks of property exchange. 

On the other hand, a conveyancer is a professional who is only licensed by a regulator to help you with all elements of your property transaction. This means all the administrative and procedural tasks that crop up, including contract documentation, local authority searches, filling out legal forms and document gathering. 

So, while property solicitors and conveyancers are essentially carrying out the same function in the purchase or sale of a home, the scope of their abilities in regards to legal frameworks is different.

Although it is not a legal requirement to hire a property solicitor or conveyancer when buying or selling a property in Ireland, the reality is that this is a complicated process that most people can’t afford to get wrong. Appointing an experienced property solicitor or conveyancing professional is therefore highly recommended.

When choosing your property solicitor, there are three key questions you need to ask.

1. Does the firm offer dedicated conveyancing services and if not, what level of experience do they have?  A firm with plenty of experience in conveyancing will ensure a smoother process, but a good personal connection with a solicitor you trust is paramount.
2. How do they calculate their fee?  Conveyancing charges can vary between solicitors, so it is worth contacting several solicitors to compare prices. Some solicitors charge a flat fee and others require a percentage of the sale price so make sure you confirm this with them in advance. At Valerie Kearins Solicitors we’re highly attuned to the individual situations of our clients, and offer special discounts to First Time Buyers.
3. What can I do from my side to ensure a smooth process? An experienced solicitor will make you aware of what pieces of information and documents you need to gather to get the process started.

Here at Valerie Kearins Solicitors, we offer friendly, efficient and professional conveyancing services to ensure that all aspects of the paperwork are in order. We’ll make sure that planning, title, compliance with relevant legislation, and title issues are taken care of, while providing a first-class service through our proactive, engaged and experienced property solicitors. 

To get a better idea of the sale and purchase of property services that Valerie Kearins offers, take a closer look at the following areas that we can assist you with:

When buying or selling a residential property in Ireland, there are several legal steps and considerations involved. Our team at Valerie Kearins Solicitors can guide you through the process. Our expertise ensures a smooth transaction, safeguarding your interests throughout.

As a buyer, you’ll need to conduct property searches and ensure that the property is free from any legal issues. Our solicitors can review contracts, negotiate terms, and assist with the transfer of ownership. 

For sellers, we help draft sales contracts, handle negotiations, and ensure that all legal requirements are met, such as compliance with the Residential Tenancies Act. This is the legal regulation that sets out the rights and obligations of both landlords and tenants in the mainstream private rented housing sector, the approved housing body sector and student-specific accommodation.

In the context of property law, a “site” typically refers to a parcel of land, often with the potential for development. This area of property law involves legal processes related to the purchase and sale of undeveloped land or land that may be suitable for construction, such as residential or commercial development.

Valerie Kearins Solicitors offers specialized legal support for individuals buying or selling sites in Ireland. When purchasing a site, our solicitors can help you navigate planning and zoning regulations, conduct due diligence to verify title and permissions, and ensure that the site is suitable for your intended use. When selling a site, we assist with drafting contracts, handling negotiations, and addressing any title issues that may arise. 

Whether you’re developing property or selling land, our team is equipped to handle all legal aspects, ensuring a hassle-free transaction. Trust us to safeguard your interests and help you make informed decisions in this complex area of property law.

Commercial properties include office buildings, retail spaces, industrial facilities, and other non-residential real estate. The purchase and sale of commercial properties involve complex legal processes in Ireland, including contract negotiation, due diligence on lease agreements, zoning compliance, and addressing environmental issues. These transactions are typically more intricate and require a deep understanding of commercial property law. 

Valerie Kearins Solicitors understands the complexities of commercial property transactions in Sligo and across Ireland. Whether you’re buying or selling commercial property, our team can assist you with due diligence, contract negotiation, and compliance with commercial lease agreements. We’ll ensure that the property is suitable for your business needs, handle zoning and planning issues, and address any environmental concerns. Our expertise in commercial property law means that your transaction goes forward without any hitches, minimizing risks and protecting your business interests.

Mortgages and re-mortgages involve borrowing money secured against a property. When you purchase a property with a mortgage or refinance an existing mortgage (re-mortgage), several legal aspects must be considered, including reviewing mortgage agreements, assessing terms and conditions, and ensuring compliance with Irish mortgage regulations. 

When it comes to mortgages and re-mortgages in Ireland, Valerie Kearins Solicitors can provide valuable legal advice and assistance to guide you through the mortgage process. For re-mortgages, we help with changing lenders, managing financial details, and ensuring all legal requirements are met. Our solicitors will protect your interests and ensure your mortgage or re-mortgage transaction is handled correctly and efficiently.

Co-ownership refers to multiple individuals jointly owning a property. This can occur in various circumstances, such as shared ownership between family members or friends. Co-ownership of property in Ireland can lead to complex legal issues. Valerie Kearins Solicitors can help you navigate shared property arrangements, draft co-ownership agreements, and address issues like disputes and property division. We’ll ensure that your rights and responsibilities as a co-owner are clearly defined and legally protected.

Cohabitation agreements are legal documents designed for unmarried couples who share a residence. These agreements outline various aspects of their living arrangements, including property ownership, financial responsibilities, and expectations. This type of agreement can often be essential in lieu of an existing contractual agreement between parties. 

Our solicitors at Valerie Kearins Solicitors can help you draft comprehensive cohabitation agreements to define the ownership, financial responsibilities, and other important aspects of your shared property. These agreements can help prevent conflicts and provide legal clarity for all parties involved.

Boundary disputes involve conflicts over the demarcation of property lines between neighboring properties. These disputes can lead to legal conflicts and may require resolution through negotiation or, in some cases, court proceedings. These are often challenging cases that require clarity, and our team is well-versed in resolving such conflicts in Sligo and beyond. 

Valerie Kearins Solicitors can help you understand your property boundaries, resolve disputes with neighbors, and even represent you in court if necessary. We work to find amicable solutions that maintain your relationships while protecting your property rights.

Rights of way pertain to legal access to a property through another person’s land. This involves the legal establishment and protection of pathways or routes across someone else’s property. 

Valerie Kearins Solicitors can assist in negotiating and formalizing rights of way issues, whether you need access through someone else’s property or want to protect your property from unwanted access. 

Our legal expertise will help you to navigate through easements, rights of way agreements, and our legal counsel will protect your interests.

In Ireland, land and property must be registered with the Property Registration Authority (PRA) to establish legal ownership. “Applications for first registration” refers to the legal process of registering property for the first time. Valerie Kearins Solicitors can help property owners navigate this process, ensuring all necessary documentation is in order and facilitating the successful registration of their property titles.

Buying or selling a property can be a stressful and complicated process and it is therefore extremely important that you have a legal advisor who explains the entire process to you carefully. 

At Valerie Kearins Solicitors we strive to offer a straightforward and efficient conveyancing service that caters to your specific needs as a client.

Handling property transactions in a timely and efficient manner will ensure that there are no problems or issues in the future, and our experience in the field of property law gives all the tools we need to be able to do so. If you are in the process of buying or selling a property, or are planning to, get in touch with us today for a friendly consultation and more information about our services.