Property Law And Conveyancing

Are you buying or selling a property?

We are acutely aware that the decision to buy or sell a property is one of the most important decisions many of us will make in our lifetime. Research has shown that it is also a very worrying and stressful time for people. It follows that choosing your conveyancing solicitor is a key element in the whole transaction.

Call our property solicitors in Letterkenny on 074 91 29110 or 01 531 3494 in Dublin to get your conveyancing process started.

Legal Services for Property Include

Purchase and sale of residential property
Purchase and sale of commercial property
Advice to remortgaging your home – Read post
Transfer of property
Advice on stamp duty

 

Are You Buying a Property- A step by step Guide

Buying property is one of the most stressful things that people will do in their lifetime, especially for those who are unfamiliar with the process. This guide provides a summary of what happens when you decide to buy a house.

 

What Should I Buy?

In looking for a property and assessing its value you should consider:

• Where the property is (Location, amenities, garden aspect to the sun, etc.)
• Has the property had any mica issues in the past. Will you need to have a mica test carried out ?
• What mortgage will I need to buy it? How much will the repayments be.
• Is it a managed estate? Is there a service charge? What is the level of the service charge? What is included (e.g. refuse collection)?
• What is the BER (Building Energy Rating)?

These questions allow you to take a long-term view of property ownership, especially if you are borrowing to buy and don’t have the luxury of time to wait for a difficult market to pick up.

 

The First Steps to Buying

Once your offer is accepted, you will place a booking deposit with the sales agent. The booking deposit will not bind you to a purchase until you have signed contracts with us and the Vendor has counter-signed. Once the booking deposit has been paid, the property is taken off the market and the solicitors for the Vendor will send out contracts to us.

At the same you should be organising your loan approval. This is the facility letter that the Bank will issue confirming the amount of the mortgage and the terms on which it is given i.e., the length of the mortgage, the interest rate, whether it is variable or fixed etc. The bank will forward the “loan pack” to us.

Often mortgages come with “fixed” rates. This means that the rate and therefore the repayment will stay fixed for whatever that period of time is and often you can specify what you would like e.g. one, two, three, or five year fixed rates. What you need to note is that if you fix for a certain term and then wish for whatever reason to remortgage with another bank or redeem/pay off the mortgage within that period that a penalty is commonly applied by the Lender for redemption within the fixed rate period.

 

Signing Contracts

When we have received contracts and the Lender’s letter of offer and loan pack, you will make an appointment come in and sign the contract. We will require (under the Money Laundering Regulations):

• ID Verification (copy of your passport, driver’s licence or Immigration Bureau ID card)
• Address verification – typically a utility (ESB, Gas, phone) bill with your name at that address.

We then will:

• Confirm that the title to the property is good and marketable
• Confirm the purchase price, and any extras or variations that you have agreed (e.g. purchase of contents)
• Confirm the location of the property on the title map.
• Pass you the specification, (new builds) if you have not already seen it
• Advise you in relation to the Management Company, service charge and terms/obligations of membership
• Discuss the completion date
• Go through and advise you on the mortgage loan offer and its terms and ensure that it is the correct offer letter (terms haven’t changed).

Once everything is in order, you will sign the contracts and the loan documents and pay over the balance deposit. The contracts are then countersigned by the Vendor and exchanged. At this point the contract is binding on you for a purchase at the price in the contract, for completion on the closing date agreed and inserted in the contract document.

 

After You Sign Contracts

Once the contracts in the purchase have been exchanged, we will work with your bank to ensure that the loan funds will be available for the agreed closing date.

During this time you should start organising the final items required for you to organise with your lender, usually as follows:

• Mortgage Protection. This is an insurance policy designed to cover the repayment in full of your mortgage in event of your death.
• Property Structural Insurance/ Fire Cover. If you are purchasing a house, you must insure the property for the re-build cost (not the open market value) so that if the property is destroyed by fire or one of the insured risks, a policy exists to cover the costs of reconstruction.

The Usual obligations under a mortgage are that you must maintain both the property insurance and mortgage protection for the duration of the mortgage.

You will be advised by us of the amount needed to complete the purchase, including the mortgage funds you are borrowing from the bank and costs including stamp duty and registration fees. You must have these funds lodged with us in advance of the closing date.

 

Buying Your New Property and Getting Your Keys

When the closing dates arrive. The balance of the purchase money is paid over, final checks are carried out by us and if everything is in order, money and keys are released.
Congratulations you now own the property.

 

After Completion

We will pay the Stamp Duty and the registration of the property in your name in the Property Registry Authority. The rates of stamp duty on purchases for residential property are 1% of the purchase price of the property (up to €1,000,000.00) and 2% of the portion of the purchase price above €1m.

On completion of registration, the Deeds are sent to your Lender where they will be held for the duration of the mortgage. If you are a cash purchaser, we can hold your deeds or you can keep them at home.

We have decades of experience in the purchase, sale and remortgage of residential property. The office has a long-standing tradition of property transactions which is reflected in our considerable expertise in this area. Our service is reflected in the Google reviews our clients give us, and our focus at all times is to ensure the maximum benefit to our clients with the minimum of stress.

"Very efficient positive service... top class, everything was dealt with quickly."

Anthony and Louise McGlynn 
Anthony and Louise McGlynn

"We can't recommend Lanigan Clarke Solicitors highly enough.
Recently we had run into problems with our mortgage
and Garry Clarke guided us through the sale of our house and the settlement with the bank.
Garry made the whole process very straight forward and was available to us at every stage of the process,
calmly steering us in the right direction and also speaking with the bank
on our behalf when we ran into stressful and difficult issues.
His efficiency and practical support was invaluable.
Thank you!"

R.W. 
R.W.

"While struggling financially with our mortgage and getting nowhere with our bank, we approached Garry for advice.
Garry immediately put our minds at ease, set out a way forward for us, dealt firmly at all times with the bank,
and saw to it that we received a satisfactory outcome. Garry was always available to take our calls,
to reassure us when the bank was pressuring us, and everything worked out just exactly as he said they would.
We received a first class and professional service at all times from Garry and his staff.
We would recommend anyone struggling with mortgage difficulties to contact Garry. Finally,
Thank you so much for helping us at a very difficult time"

John and Helen 
John and Helen

You have great staff in Fiona and Martina.
I know we are clients but we have been handled excellently and efficiently by both the girls.
Always courteous, professional, and made very welcome - nothing too difficult!
Fiona went out of her way on Saturday to accommodate us."

Tom 
Tom

"I was very pleased with the service provided by Lanigan Clarke Solicitors.
Amanda Lafferty was efficient and professional- a friendly "human" manner.
All Positive!"

A London based Client 
A London based Client

"After an accident in the work place, I was left in a state of emotional
and financial turmoil and did not know where to turn for legal advice,
and your team helped greatly in calming my nerves and assuring me that everything would be sorted out
and I would get the compensation that I was entitled to.
Though the process was lengthy everything went smoothly and your team kept me up to date with every step of the way.
And a special thanks to Jane Lanigan for her hard work throughout the case and for keeping me calm and reassuring me throughout the settlement period.
I will not hesitate to recommend your services to friends and family."
Una

Una 
Una

"Thanks for all the help and advice you have given me and my family over the years.
The team have dealt with a car accident case, personal injury case, a rent to buy agreement, will probate and property sales.
I cannot praise each and every member of staff enough."

Damien Cullen 
Damien Cullen

"We cannot fault the advice and professionalism of Garry, Sinead and Amanda.
They have had the patience of a Saint.
We would recommend Lanigan Clarke without any hesitation whatsoever."

W.H 
W.H

Helping you through all stages of conveyancing

Our property solicitors act in transfers of sites from parent to children, acting for homeowners buying or selling their family homes, investors and commercial purchasers. We encourage early instructions from our clients to minimise delay. The earlier in the transaction we receive your instructions to act the more we can assist you in the transaction. We use the latest technology to take as much of the worry and stress out of the transaction for our clients. Clients are kept abreast of developments at all stages during the conveyancing process.

Clients are advised in writing of all the legal costs involved in their transaction. We provide written quotations for property transactions on request.

We also provide practical tips and advice to assist in the transaction and will help and guide you through your mortgage application, insurance, life cover and property survey.

In short we provide an efficient and friendly service to our clients in line with the quality standards that we have set for ourselves.

Letting and Leasing Property

We advise Landlords & Tenants in relation to drafting and negotiating leases, rent reviews, rights to renewal, obligations and entitlements under the lease, statutory entitlements and obligations and registration with the Private Residential Tenancies Board (PRTB).

Contact our conveyancing solicitors for information

If you are thinking of buying, selling, letting or leasing property, refinancing or re-mortgaging get in touch with our property solicitors today,  Call 074 912 9110 or our Dublin office on 01 531 3494.

Addresses

Lanigan Clarke Solicitors Dublin
1 Landsdowne Gardens,
Shelbourne Road, Dublin 4.

D04 X5C0

Lanigan Clarke Solicitors Donegal
6A Pearse Road, Letterkenny,
F92 V628

Opening Hours

 Monday - Friday: 9am - 5pm

 

Dublin Office

Dublin Office: 01 531 3494  

Letterkenny Office

Letterkenny Office: 074 91 29110