If you have not bought or sold a property before, you may wonder why you would need to hire a conveyancing solicitor. It is difficult to imagine the immense stress that buying and selling property can cause, and whether you are switching your mortgage, changing ownership or buying or selling a home, you will find that working with an expert conveyancing solicitor will streamline the process significantly.
Here at Irwin, Kilcullen & Co. Solicitors, we are experienced in conveyancing law and can help you with any complications that may arise, as well as processing all of the documentation involved and ensuring that the legal transfer of property deeds is made smoothly. There are many potential pitfalls when buying and selling property, and working with us can help you to avoid the stresses and setbacks that commonly cause the process to consume a great deal of time and money.
Do I Need A Conveyancing Solicitor?
If you do not need a mortgage to buy a property, you do not technically need to employ a conveyancing solicitor to handle the conveyancing process. However, carrying out your own conveyancing is not recommended as this is a complex process and there are many ways in which errors can be made.
A conveyancing solicitor will be trained, licensed and experienced in the conveyancing process, and will be able to handle the whole buying or selling process for you with the minimum of stress and upheaval. Any disputes will be dealt with professionally and quickly, and you will be able to relax in the knowledge that your sale or purchase is in good hands.
What Does a Conveyancing Solicitor Do?
Our conveyancing solicitors will take care of the whole sale or purchase process for your property, and will discuss any issues that arise with you as you proceed. You will be required to provide information and answer queries, and your solicitor will be your first point of contact if you have any concerns about the process. The following tasks will be carried out by your solicitor:
• Giving legal advice. Your solicitor is employed to ensure a sound legal basis for the decisions you make and to prevent any difficulties or legal loopholes. You may wish to be advised on any special conditions attached to the sale of a property, or require particular legal advice following property searches.
• Transferring funds. When you have agreed to buy or sell a property, a deposit is arranged and the situation is described as ‘sale agreed’. This is the point at which you will engage a conveyancing solicitor, since the solicitor will handle the transfer of the deposit payment. Your solicitor will then agree a date to ‘close’ the sale, and this will be the date on which all documents are completed, the remainder of the monies are transferred and the keys to the property are handed over.
• Carrying out searches. As part of the process when you purchase a property, a number of searches are carried out regarding the local area. These will flag up any potential problems with your purchase, including any planning applications that have been made in the local area, and these will help to inform the decisions you make.
• Drawing up contracts. The drawing up of contracts is probably the most important task carried out by your solicitor, as this is how the transfer of ownership takes place. Contracts will be drawn up to reflect the mortgage offer, all conditions and terms and the exchange of deposit funds, and this will all be handed to the seller’s solicitor as the property purchase proceeds.
• Liaising with the Land Registry or Registry of Deeds. Depending on the sort of transaction you are carrying out, you will either need to transfer your documents with the Land Registry or the Registry of Deeds. Your solicitor will inform you of the correct system for your situation, and will ensure that all procedures are followed correctly.
Although most of the conveyancing process is standard, anomalies can occur at any stage. Your conveyancing solicitor is trained to notice any discrepancies as soon as they occur, and can deal with these promptly and professionally. If the property you are selling or buying is particularly complex or has covenants attached, this may complicate things further but you can be assured that the process is in good hands.
What happens if I don’t use a Conveyancing Solicitor?
A conveyancing solicitor is an expert in the conveyancing process, and this means that he or she will have experience of the potential problems that may arise and how to handle them. There are many difficulties with purchasing and selling property, and these include:
• Additional expenses. Buying and selling property is an expensive process, and unexpected costs that are added to the total can be an unpleasant surprise. An experienced conveyancing solicitor will ensure that you are fully informed of all of the costs that your sale or purchase will involve from the outset, and will advise on any issues that could adversely affect the final cost to you, such as problematic results from local searches.
• Lack of local knowledge. If you are relocating, it can be very helpful to use a local conveyancing solicitor who has experience of the local area and the estate agents you are using. Here at Irwin, Kilcullen & Co Solicitors, we have many years experience of conveyancing in Cork and we will be able to advise you on specific local issues that may affect your sale or purchase or could influence the resale value of your property.
• Mistakes. Mistakes made by you or your legal professional could be extremely costly and even result in the loss of your property if not resolved effectively. This is a very important reason to use an experienced conveyancing solicitor who understands the process and has plenty of experience, as well as insurance in case of any unusual circumstances.
• Changes in legislation. Property law is regularly updated, and an experienced conveyancing solicitor will be informed about all of the new legal processes and aware of all new and pending legislation. Since January 2019, for example, the conveyancing process has changed to a pre-contract investigation of title (PCIT) system, and your solicitor will handle this for you without adding extra stress to the process.
• Complicated situations. If your sale or purchase is not straightforward, for example if additional land is involved, you will need an experienced conveyancer to handle this smoothly. On occasion, contractual problems arise or title deeds may be lost or contested, which can cause great problems for an inexperienced conveyancer. A conveyancer who is familiar with the complexities of conveyancing law will be invaluable here.
Even if you are not bound to use a conveyancing solicitor – if you are not taking out a mortgage, for example – it is highly recommended that you do so when you are involved in any process involving conveyancing law. Errors can be very expensive to correct and will require legal expertise to resolve, and working with the experts from the outset can minimise your risk and ensure that your interests are protected.
Reduce Stress with an Experienced Conveyancing Solicitor
Here at Irwin, Kilcullen & Co Solicitors, we don’t want your property sale or purchase to take over your life. We will take you through the process with less stress, and we will help you to address all queries quickly and effectively to reduce the overall time taken to complete your sale or purchase. We will request various documents from you during the conveyancing process, including identification documents and historic information relating to your property or your financial situation. You may need to liaise with a financial advisor or mortgage advisor in order to ensure that your accounts and mortgage offer are in place, and we will work with you to ensure that all parties are fully informed every step of the way. Many property sales fall apart due to a breakdown in communications, and we pride ourselves on managing this process with skill and diplomacy throughout.
Find Conveyancing Solicitors in Cork
Whether you are looking to buy or sell a residential or commercial property, you can talk to our conveyancing law specialists at Irwin, Kilculllen & Co Solicitors. We will ensure that we protect your interests throughout the process and work closely with you to ensure great outcomes with less stress. Simply contact us online or call us today on +021 4270934 to see how we can help.