Buying a Home

The process in order — and the specific points where a buyer is genuinely exposed.

Most of what buyers find distressing is the period between agreeing a sale and exchanging contracts, when a great deal is happening on the file and nothing whatever appears to be happening from the outside. Knowing what that stage consists of makes it considerably easier to sit through.

What Actually Happens After a Sale Is Agreed

Instruct a solicitor immediately — there is no advantage in waiting for contracts, and naming a solicitor at the point of sale agreed lets the auctioneer issue contracts straight away rather than chasing you for details, which quietly saves a week. Then your solicitor takes up the contract and title documents and begins the work you cannot see: investigating title to establish that the seller owns what they are selling and on what terms; raising requisitions, the formal set of questions every seller must answer; carrying out searches against the property and the parties; and checking planning compliance for anything built or altered. Meanwhile you should be doing the thing law does not do: getting a survey. An investigation of title is a documentary exercise and it will not tell you whether the roof is sound, whether there is damp, or whether the extension was built properly. Only a surveyor or engineer will, and on rural property an inspection of the septic tank is worth having as well. Buyers who skip the survey to save money are taking a risk out of all proportion to the saving.

Where Buyers Are Exposed, and What Comes After

Before exchange, your exposure is uncertainty rather than money: the booking deposit is refundable, and either side can walk. After exchange, that reverses entirely — the balance deposit is at risk and failing to complete carries consequences under the contract. So exchange is the point by which everything material must have been satisfied. The findings that genuinely should give a buyer pause: planning compliance that cannot be certified; access depending on a right of way nobody can evidence, which is common in rural Kilkenny; a boundary materially different from the folio map; an unresolved charge or judgment; a management company in poor order; incomplete deeds on unregistered title. Each should change the price, the contract or your mind. After closing, two quiet things: the deed is stamped, and your ownership is registered with Tailte Éireann, with the lender’s charge registered alongside where there is a mortgage. Registration timelines are Tailte Éireann’s rather than your solicitor’s, and a delay there affects neither your ownership nor your living in the house.

Sale Agreed, or Getting Close?

Send the property address, the auctioneer's details, your mortgage position and anything unusual you already know about. Naming a solicitor early is the cheapest week you will ever save.

Call 01 5827148

Related Reading

Buying a Home - FAQs

As soon as a sale is agreed, and there is no advantage in waiting for contracts to arrive. Earlier is better still if you are also selling, because the two transactions have to be coordinated and that coordination is easier arranged than retrofitted. Having a solicitor named at the point of sale agreed also means the auctioneer can issue contracts immediately rather than chasing you for details, which removes a week nobody notices losing. Bring the property address, the auctioneer’s details, your mortgage position and anything you already know about the property that is unusual.

General information, not legal advice. This website contains general information about conveyancing and property law in Ireland. It is not legal advice and does not create a solicitor—client relationship. Every transaction turns on its own facts — the title, the planning position, the lender’s requirements and the contract — and advice on yours requires a consultation.

Nothing here is tax advice. Stamp duty, Local Property Tax, capital gains on a sale, and any gift or inheritance tax arising on a family transfer are matters for your accountant or tax adviser and for Revenue’s own guidance. This firm does not advise on tax and states no rate, threshold, relief or condition anywhere on this site. Where a scheme such as Help to Buy or the First Home Scheme is mentioned, the eligibility rules and limits are set by Revenue and the scheme administrators and change from time to time — confirm the current position directly with them.

No valuation, survey or financial advice. This firm does not value property, does not advise on price, and is not a surveyor, engineer or mortgage adviser. A solicitor’s investigation of title is not a structural survey and is not a substitute for one, and no legal work will tell you whether a property is sound or whether the price is right.

Never both sides of the same transaction. The firm acts for buyers and, in separate transactions, for sellers — but not for both parties to the same sale. Conflicts are checked before any substantive discussion, which is why the first contact should identify the property and every party involved.

No timeline is promised. Nothing on this site states or implies that a transaction will close by any particular date. Closing depends on matters outside any solicitor’s control, including the other side, the lender, the chain, and third parties such as local authorities and Tailte Éireann.

Fees. Fees and outlays are agreed in writing with the client at the outset, in accordance with the Legal Services Regulation Act. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.