Conveyancing

What is Conveyancing?

A conveyance involves the transfer of property from a legal perspective from one owner to another. Conveyancing covers all legal and administration work carried out from the drafting of contracts of sale and review of title, to the registering of the Property with the new owner. The process starts when an offer is accepted on a property and ends when the new owner is the registered legal owner.

Who are the parties to a conveyance?

The seller (Vendor) and buyer (Purchaser) are the main parties to a conveyance. A real estate agent offers the house for sale on behalf of the vendor. If the purchaser wishes to obtain a mortgage, then their bank will also have an involvement and request that their “mortgage” on the property is properly registered.

Why do you need a Conveyancing Solicitor?

Our Conveyancing Solicitors have experience in all aspects of conveyancing from voluntary transfers of land to large commercial transactions. Regardless of the property in question the key areas of concern are that the subject property and land is transferred successfully along with the removal or addition of a mortgage as appropriate. The Vendor’s Solicitor, Purchaser’s Solicitor and relevant bank will liaise until the successful conclusion of the conveyance.

Get in touch today through our contact form or call +353 (0)71 984 1322 or +353 (0)1 255 24882 for a conveyancing quotation.

Conveyance fees

Real estate fees are typically paid for by the Vendor while the vendor and purchaser pay for their respective legal fees. There are other costs that a Purchaser should be mindful of for example Stamp Duty, VAT on professional fees, Searches fees and Property Registration Authority fees.

How can our Conveyancing Solicitors help?

Our Conveyancing Solicitors have the knowledge and experience to advise on all aspects of Conveyancing. We will advise you on how to make what can be a stressful experience to one which is manageable. Our Conveyancing Solicitors understand the impact and stress the transfer of a Property may cause and are here to help you through that experience. Our Conveyancing Solicitors will assist you with all aspects of your conveyance.

Conveyancing Legal Services Offered:

• Buying Property
• Selling Property
• Mortgage Advice
• Equity Release Advice
• Family (Voluntary) Transfer
• Building Disputes

Buying Property

Our Conveyancing Solicitors are here to help whether you intend purchasing a starter home or have a vision to build a property portfolio. Our service revolves around convenience and allows you to concentrate on your visions and dreams of what your desire for your property.

Our Conveyancing Solicitors review the relevant legal documentation and move quickly to bring the process to a swift conclusion while keeping you up to date throughout. We strive to make sure your buying experience is stress free.

Our 6-stage process:

1. Sales Advice Notice

Our Conveyancing Solicitors receive and review the Sales Advice Notice from the Real Estate Agent.

2. Review

Our Conveyancing Solicitors receive and review the Contracts of Sale received from the Vendor’s Solicitor.

3. Initial Consultation

A consultation with our Conveyancing Solicitors will help you to understand the nature of the process and the documentation involved in a purchase. This consultation can be conducted via telephone call or Skype call.

4. Pre-Contract Enquiries

Our Conveyancing Solicitors liaise with the vendor’s Solicitors in order to agree all matters of concern such as Special Conditions, the closing date as well as the requesting of documentation relating to Planning and proof that property taxes have been paid.

5. Signing Consultation

A further consultation with our Conveyancing Solicitors is required to sign the Contracts of Sale and Loan Documents. This consultation can be conducted via telephone call or Skype call.

6. Loan funds & Closing

Once the loan documents are signed, we will request the mortgage monies. We then conduct the relevant searches to ensure the vendor has the right to sell the property and there are no debts or judgment mortgages registered against the property. Once these matters are taken care of the property will be transferred into your name.

Selling Property

Our Conveyancing Solicitors are here to help whether you intend selling a property such as a small family home or a commercial property Our service revolves around convenience and allows you to concentrate on your own affairs.

Our Conveyancing Solicitors review the relevant legal documentation and move quickly to bring the process to a swift conclusion while keeping you up to date throughout. We strive to make sure your selling experience is stress free.

Our 6-stage process

1. Sales Advice Notice

Our Conveyancing Solicitors receive and review the Sales Advice Notice from the Real Estate Agent.

2. Review

Our Conveyancing Solicitors will review your title to the property and draft the Contracts of Sale which in turn will be sent to the Vendor’s Solicitor.

3. Initial Consultation

A consultation with our Conveyancing Solicitors will help you to understand the nature of the process and the documentation involved in a sale.  This consultation can be conducted via telephone call or Skype call.

4. Pre-Contract Enquiries

The Purchaser’s Solicitors liaise with our Conveyancing Solicitors in order to agree all matters of concern such as Special Conditions, the closing date as well as relevant documentation relating to Planning and property taxes.

5. Signing Consultation

A further consultation with our Conveyancing Solicitors is required to sign the Contracts of Sale. This consultation can be conducted via telephone call or Skype call.

6. Closing

Once the Contracts of Sale are signed, we will request the deposit monies. The purchaser’s Solicitors conduct the relevant searches to ensure that you have the right to sell the property and that there are no debts or judgment mortgages registered against the property. Once these matters are taken care of any mortgages will be redeemed and the property will be transferred to the Purchaser.

Get in touch today through our contact form or call our Donegal solicitors office on +353 (0)71 984 1322 or Dublin office on +353 (0)1 255 24882for a conveyancing quotation.

Mortgages

Our Mortgage Solicitors are very experienced in all aspects of Mortgage advices. Having made a recent purchase we all want to enjoy that property and do not want to be over-burdened with unnecessary or excessive mortgage repayments.

Mortgage Switching

Over the last number of years, the banking sector has come under increased scrutiny in terms of the products they offer. Perhaps one positive result in this respect has been an increase of mortgage deals/switches the banks are offering. In many cases there are huge savings to be obtained. Our Mortgages switching Solicitors are here to help complete any documentation you may require.

Banking Litigation

As can be seen from recent media reports some Financial Institutions have mis-sold products such as mortgages and other financial products. Our Banking Litigation Solicitors are here to help you and understand the negative impact of paying too much for a particular financial product.

Equity Release

The equity in your property is the difference between the value of your property and the amount you owe on that property i.e. if your property is worth €200,000 and your remaining mortgage is €100,000 then your equity is €100,000.

An equity release will allow you to receive the “release” of a certain proportion of the equity in a lump sum. This may allow you to downsize or help a family member in some way. It should be noted that you cannot have an existing mortgage on your home if you wish to benefit from an Equity release.

Equity releases are not suitable in all circumstances but should be considered if you require a lump sum. You should be weary of signing up to an equity release for an investment, particularly if you do not have any experience in the area of the investment as it could lead to a total loss if you are misadvised or unfortunate.

Our Equity Release Solicitors are here to help and understand the negative impact of paying too much for a particular financial product.

Family (Voluntary) Transfer

What is a Voluntary Transfer?

A typical Family (Voluntary) Transfer occurs where a property is transferred between members of the same family. The principal document involved is a Deed of Transfer which transfers the interest in the property. Typically, no “money” consideration is exchanged as a result of the transfer.

Who are the typical parties to a voluntary transfer?

In general Family (Voluntary) Transfers occur between Spouses or Civil Partners. Family (Voluntary) Transfers may also occur between and parent and their children so that child may build a home. A Family (Voluntary) Transfer may occur as part of an overall Estate Planning procedure. Where the property is held solely in name of one spouse. Both spouses will often decide to hold the property in their joint names as the property then passes directly to the surviving spouse. A transfer into joint names also means that the deceased’s estate will be smaller and will lead to a more efficient and less costly Probate.

Family (Voluntary) Transfer of Mortgaged Property

Where a party intends transferring a property that is subject to a charge or mortgage said mortgage or charge would ideally be discharged in full prior to the transfer. It this is not possible then the Financial Institution that owns the charge will need to be a party to the Deed of Transfer.

Tax implications of a Family (Voluntary) Transfer

Tax advice must be sought and strictly followed with respect to Family (Voluntary) Transfers. It should be noted that no tax arises between spouses for a Family (Voluntary) Transfer. Further there are also certain incentives with respect to the farming community.

Family (Voluntary) Transfers and Insolvency or Bankruptcy

As part of any Family (Voluntary) Transfer the Vendor or donor will be asked to sign an Affidavit confirming that they are neither bankrupt nor insolvent thereby outlining that the Family (Voluntary) Transfer is not been misused as a vehicle to defraud potential creditors.

Building disputes

What is a building dispute?

A building dispute may arise as a result of alleged poorly constructed properties or the uses of poor-quality materials. Building disputes are time consuming and fraught and like many legal problems do not improve with time. Building disputes may involve Architects, Builders or Suppliers.

Our Building Dispute Solicitors are experienced in all types of building disputes be they large commercial buildings or small modifications to second-hand houses.

Our Building Dispute Solicitors understand the impact that a poorly or partly finished property may cause and your need for compensation. Please contact our Building Dispute Solicitors without delay.

Conveyancing Pricing

We offer fixed professional fee conveyancing which is a pre-agreed price which is set for the legal service being given. As regards purchasing a property there are various disbursements involved which we will outline at the outset.

In some cases, fixed professional fee conveyancing is widespread, however in more cases Solicitors will impose an hourly rate or they may charge a percentage of the property which may turn out to be a more expensive transaction.

Get in touch today through our contact form or call us at our Donegal conveyancing solicitors office on +353 (0)71 984 1322 or Dublin office on +353 (0)1 255 24882for a conveyancing quotation.