![]() This is required under the Family Home Protection Act 1976. If you are selling your family home, even if it is in only one of the spouse’s names the consent of the other spouse is required. Otherwise the potential purchaser may, on discovery of a discrepancy, pull out of the transaction at a very late stage. ![]() It is very important that the planning documents are in order before the proposed sale. If there has been any development on the property a similar approval will be required. This will usually entail an architect’s certificate stating that the conditions of the planning regulations have been complied with. The solicitor will need to make sure that the planning documentation is in order. If the sale is by private treaty the contract will contain all names including the purchase price.Īny house built since the 1st October 1964 requires planning permission. Obviously before the auction the prospective bidders will want to check the title documents before the auction. If the solicitor is preparing contracts for a sale by auction he just leaves the purchaser and purchase price blank until the auction is over and the purchaser is then known. ![]() The contract for sale is drawn up once the solicitor has received all the relevant documentation from you and the lending institution. It is important to do this as early as possible to give the solicitor time. If your house still has a mortgage on it you will need to give authorisation to the solicitor to take up the title deeds from the lending institution in order to prepare the contract for sale. Most houses these days have mortgages on them. No matter what method you use it is essential that you notify your solicitor of your plans to sell the house so that he may prepare the title documents and the contract for sale. this is why it is best to consult a professional in the area to see what the best option is for you. Which method is the better will depend on a number of factors including the type of house, the state of the property market, the area etc. It is important to be guided by an auctioneer or other professional in the area as to the best way to sell your particular house. There are two ways to sell a house – by private treaty or by auction. Get a low cost conveyancing quote now if you are selling and/or buying a property > Use the conveyancing quote enquiry form here Michael now now runs specialist law practice providing a faster and lower cost conveyancing service for Irish consumers. He has held senior positions in some of the leading financial institutions in Ireland (including KBC, Allied Irish Banks plc and Investec plc) advising on conveyancing issues arising in relation to title deeds and mortgage drawdowns. 10 Legal Steps to Selling Your House This Lawyer.ie guide is brought to you by Michael Burns, an expert property solicitor.
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