Selling a House

Buying a house can be a complicated business. Selling a property can be equally stressful and confusing. Whether it’s a private sale or you are using an estate agent, you need a good solicitor to make the process as straightforward as possible. They will guide you every step of the way and ensure that all of your legal obligations are fulfilled. From mortgage obligations to searches and buyer enquiries there are many hurdles to clear before completion. Your solicitor will help you get your house sold quickly and efficiently.

Here, we go through the stages of selling a house and what you need to know:


Selling your home

When you’re selling a property, there are a lot of legal boxes to tick and important decisions you need to make. You need to make sure that that all your legal obligations, especially concerning your mortgage, are met. Searches and buyer enquiries can reveal problems that need to be overcome before completion.

  • You can sell your home by private treaty or by auction. Which method you choose will depend on factors such as the type of house, the state of the property market, and the area. Notify your solicitor so that they can prepare the title documents and the contract for sale.
  • If there is a mortgage on your home, you will need to authorise the solicitor to take up the title deeds from the lending institution to prepare the contract for sale. 
  • The solicitor will ensure that the planning documentation is in order. 
  • If you are selling your family home, the consent of both spouses is required.
  • The contract process begins when your solicitor sends contracts and a copy of the title deed to the property to the purchaser’s solicitor for signing. Once the purchaser has signed the contract and paid a deposit, the contract is returned to your solicitor for you to sign the contract in duplicate. One part is then returned to the buyer’s solicitor, who will raise requisitions on the title for response by your solicitor. Your solicitor will prepare the documents for closing and obtain redemption figures for any mortgage from the lending institution.
  • You will sign the closing documents and declaration, if necessary. On closing, your solicitor will meet the buyers and exchange the keys of the property for the purchase money.

Home Seller's Guide


Probate Sales

Managing the transfer and sale of property after a person's death involves:

  • Grant of Probate (required to sell the property)
  • Deed of Assent (required to transfer the property)

Probate conveyancing is not the same as conventional conveyancing. Many people do not know that they need a Grant of Probate to sell the deceased's property. There may also be disputes over the will that need to be resolved, as well as outstanding debts that the sale is intended to cover. It can be a complicated process, so you need the right legal advice to guide you through it.


Contact us as soon as you are considering your house sale—we can make the process much smoother for you.

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

Share this page

OTHER SERVICES

service

Wills, Probate and Trusts

HOMS Assist provide swift case resolution and a personalised service. Contact us for all private wealth cases such as Wills and Powers of Attorney.

service

Property Law Solicitors

HOMS Assist provide swift case resolution and personalised service in Dublin and Limerick. Contact us today to discuss property law matters.

service

Family Law Solicitors

We have 50+ years experience in family law cases including child custody, guardianship, divorce and domestic violence. Contact us for swift case progression.

RELATED ARTICLES

No data was found

What we offer

We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

Request a callback

Fill out the form below, and we will contact you shortly. Required fields are marked *

Sign up to our newsletter today

Scroll to Top