Preparing to sell your property – The Legals

Deciding to sell your property can be difficult as so many factors will come into play. From your emotional connection to the property, timing, finances and meeting your needs it can often be tempting to put it off. However when you decide to take the plunge, increase your chances of a stress free sale by being prepared. I hope these ten tips simplify the legal minefield of the conveyancing process and leads you to smooth transition from your current home to your new home.

1.  You cannot contact your solicitor soon enough. As soon as you decide to sell your home instruct your solicitor to request deeds from the bank. This can takes weeks and will often unnecessarily delay the issuing of contracts in the early stages of going sale agreed.

2.  Find out what your solicitor needs from you to prepare contracts. They will often require documentation which can be easily acquired such as photo ID, proof of address, PPS number A copy of your marriage cert/ civil partnership certificate/ divorce order (if applicable) however there may be other documents which will take longer or are more difficult to obtain for example correct planning permissions. Providing your solicitor with all requested documentation allows them time to prepare contracts so when your property goes sale agreed contracts can be issued immediately rather than having unnecessary delays.

3.  Inform your solicitor and agent of any building work or alternations you have made to the property since you purchased it.  Provide your solicitor with copies of all documentation related to planning permissions and compliance with building regulations, if you do not have this or are unsure of whether you need it check with your solicitor. Do this sooner rather than later. Certs can take weeks to be issued and can unnecessarily hold up your sale thereby also putting it at risk.

 4.  A BER Cert  - Your building energy rating certificate is required to market your property and will last for 10 years. You cannot advertise your home without it. You can find a BER assessor on the SEAI website.

5.   Property Taxes – Provide your solicitor with your property ID for LPT (local property tax). Ensure you have paid your LPT within the correct band.

 6.  Septic Tanks – Inform your solicitor and estate agent of any septic tanks servicing the property and provide registration of this.

7.   Make a list of contents that will remain in your home. Provide a copy of this list to your solicitor and selling agent. Inform your solicitor and selling agent of any rights of way, boundary issues or other easements.

 8.  If selling an apartment provide your solicitor with contact information of your management company so they can request the necessary documentation from them. Ensure management fees are paid up to date.

9.  Probate Sale - Probate is the official process of transferring ownership from the deceased owner to the beneficiary. Your solicitor will handle the probate process. Although you can market the property and go sale agreed, a sale cannot close until probate is granted.

 10. Investment Property – Provide your estate agent and solicitor with a copy of the termination of tenancy notice. Confirmation is required that there are no ongoing disputes with the RTB in relation to current or former tenants. Confirm if the property is located in a Rent Pressure Zone or not, when the last rent review took place and the current or most recent rent payable.

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