Frequently Asked Questions

This depends on many factors such as if you are in a chain of transactions or how soon your mortgage is available. Normally once contracts for sale issue we will know the expected closing date. We will deal with your transaction as quickly as possible and keep you informed of progress.

There are certain expenses excluding solicitors’ fees which you would expect to incur in a property purchase or sale.

Stamp Duty is a tax that is payable by the PURCHASER when transferring a property into their name. Stamp Duty is payable to Revenue Commissions from the date the sale closes and is charged at a rate of 1% on the first €1 million and 2% on excess over €1 million. Amorys will discharge the Stamp Duty payable from sales proceeds received into our client account.

In addition, you will see certain “outlay” included in your quote. Outlay covers the cost of certain expenses which must be incurred in the course of buying or selling a property. Outlay includes items such as:-

• Property Registration Authority fees, to have the property registered in your name;
• Legal searches in respect of the parties to the Contract for Sale;
• Commissioners’ fees to an independent solicitor to witness declarations which are to be sworn by you;
• Fees to local authorities when a letter re roads and services is required;
• Fees to managing agents to obtain full information in line with Multi-Unit Development Act (only applicable to managed estates).

Amorys will provide you with a detailed fee quote which will contain a summary of all works that our solicitors will undertake on your behalf as well as an estimate for outlay. To obtain a detailed quote, please click here or call us directly on 01 213 5940.

The vendor’s solicitor will have to take up the title deeds to the property from their client’s lending institution in order to prepare draft contracts. This can take a number of weeks and the purchaser’s solicitor has no control over this process. Once we receive the draft contracts, we will peruse the title and satisfy both you and ourselves that it is in order. Often, we need to raise pre-contract enquiries to “iron out” and problems and this can take a number of weeks. Once we are satisfied that we have received adequate replies to our pre-contract enquiries and are in a position where we can say that what are you purchasing has “good marketable title” we will invite you to attend our office to sign the draft contracts.

In advance of closing, we will require you to forward any outstanding balance of purchase moneys, our fees, any balance of Local Property Tax to year-end and service charges where applicable.

On the day of completion, we will carry out searches on the Title Register, the Judgement, Bankruptcy and Sheriff Offices, and if necessary, the Companies Registration Office. Any acts appearing on those searches will have to be explained by the vendor’s solicitor and if necessary, discharged, to our satisfaction.  

If you are availing of a mortgage, we are obliged by your bank to carry out judgment and bankruptcy searches against you.

Once the above has been completed the vendor’s solicitor will hand over all documents of title together with the keys in exchange for the balance of the purchase moneys which is normally transferred to their client account by way of electronic funds transfer.

Not from a legal point of view. After completion we will arrange to pay the applicable stamp duty and will inform you when this is done and forward you a copy of the stamp certificate.

We will then prepare the documentation for lodging with the Land Registry with the appropriate fees. When your property is registered, the Land Registry will issue a new folio, which is a document showing you as the registered owner, together with your lending institution’s mortgage/charge over the property and the previous owner’s mortgage (if any) struck out. This process can take anywhere from a few weeks to a few months depending on the complexity of title. Despite this, please be assured that ownership of the property passes to you as and from the date of the purchase deed.

Once registration is complete, we will send all title documentation to your lending institution to hold as security over the property until the mortgage has been paid off/redeemed.

Once contracts are exchanged you have an insurable risk and that is when building insurance for the property’s full reinstatement value must be taken out before completion.

New or existing life insurance which needs to be increased should also be obtained at time of exchange of contracts, not completion, because in the event of any purchaser dying their estate will still be liable to complete the purchase but the estate would not have the funds to purchase the property.

No this is not an issue for us. Our solicitors consistently work with clients who are not based in Ireland but wish to transact in Ireland. In such circumstances we will advise you on any additional requirements that you may need to consider.