PROPERTY & CONVEYANCING
Tailored legal advice.
Professional Legal Advice When Buying a Property
Buying a property is one of the biggest financial commitments you will make. Whether you are purchasing your first home, investing in property or buying at auction, obtaining legal advice at an early stage can help you avoid unnecessary delays and costly problems. At Whelehan Solicitors, we provide professional conveyancing and property law services for buyers throughout Tralee and County Kerry, helping to ensure every transaction is completed efficiently and with confidence.
Buying a house at auction: what you need to know
When purchasing a property at auction, you need to know that the highest bidder must sign a contract, providing the bid exceeds the reserve price.
As the highest bidder, your contracts will be exchanged immediately, followed by the closing date. The legal ownership of the property can then be transferred very quickly.
As a buyer, you are not able to back out, so it is quite a daunting prospect. The purchase agreement is legally binding once the gavel falls. In addition to signing the contract, you will also need to:
- Put down a 10% deposit at the auction
- Obtain insurance for buildings
- Pay the remaining balance by the closing date, typically 28 days after the auction
A solicitor must be retained by both parties for the transfer to be completed. It is done to show that the transferor is not under pressure to transfer the property. Additionally, the transferor should seek independent advice on issues like taxes.
The reason for this is that a tax return must be filed if a person disposes of (transfers) his or her property.
There may be cases where the ‘transferor’ retains a portion of the property. For this reason, you should have a Land Registry Compliant Map drawn by an Architect to map the portion of property being transferred.
Preparation for the auction
It’s therefore important to know for sure that you want to purchase the property and can afford it before you submit your bid. Taking this into account, there is quite a bit of preparation to do before the auction.
Obtain legal advice
As a first step, you should inspect the property and make sure that it meets your needs. Purchasing an auction home requires the assistance of a solicitor who specialises in auction conveyancing. A property solicitor must request the legal pack from the auctioneer. The information provided will identify any potential issues with regard to the title, planning permissions, and hidden covenants. In addition, you will gain a better understanding of what you are buying, especially in regard to the sale terms and conditions.
Your finances should be secured
The last step is to secure the necessary financing. It will be necessary for you to pay a 10% deposit immediately if you are the highest bidder. There is no way to estimate the exact cost of this. Considering this is an auction, you can’t predict the sale price in advance. A guide price is provided by auctioneers, but a competitive bidding process could generate a much higher price. In order to complete the process, you need a substantial amount of cash on hand.
The remaining balance must be paid by the closing date indicated in the contract. Usually, this takes between four and five weeks. The remaining money will need to be found quickly, either in cash, as a mortgage or another kind of loan. Therefore, you need your money/mortgage/loan ready before the auction.
There are also other costs to consider, such as Stamp Duty, Building Insurance, and Legal Fees and Outlays.
Sellers may withdraw from a sale if they are unable to pay the remaining balance by the closing date. In this case, you will lose your 10% deposit. It is also possible for you to be liable for the seller’s losses in the future, such as the cost of reselling the property. This is why it is crucial that you have finance in place before you make a bid.
Why Choose Whelehan Solicitor?
Choosing Whelehan Solicitor means partnering with a firm dedicated to providing practical legal solutions tailored to your business needs. We understand the complexities of business law and work diligently to help you navigate legal challenges, seize opportunities, and achieve your business goals.
For expert legal advice and representation in any of the above areas, contact Whelehan Solicitor in Tralee. Let us help you safeguard your business interests and achieve success in your commercial endeavors.
Whelehan Solicitors
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- 066 712 9782