Buying a house 2012

blueballfc · 24-11-2012 2:48pm

Thanks for reply, no wonder there is a thread thanking just you

I agree with the Solicitor observation there has not been enough contact at all and as I am a first time buyer was really hoping for more guidance on the matter.
To follow up on point one the unit is a "new build" dealt with by a contractor hired by the receiver. So they are liable for the snag list etc. This is a plus point for me
Condition 15 has also been deleted and again I read this but no clue what the legal/practical implications are for me. Solicitor here has been wanting also !!
I will defo wait until the right time rather than rushing anything for the end of the year

Thank you

killers1 · 24-11-2012 3:35pm

blueballfc wrote: »

Thanks for reply, no wonder there is a thread thanking just you I agree with the Solicitor observation there has not been enough contact at all and as I am a first time buyer was really hoping for more guidance on the matter.
To follow up on point one the unit is a "new build" dealt with by a contractor hired by the receiver. So they are liable for the snag list etc. This is a plus point for me
Condition 15 has also been deleted and again I read this but no clue what the legal/practical implications are for me. Solicitor here has been wanting also !!
I will defo wait until the right time rather than rushing anything for the end of the year Thank you

It's good that the receivers contractor will complete the snag so there is no problem signing the contracts prior to the snag list being completed. Condition 15 is in relation to the Notice to Complete and whilst it isn't as important as Condition 36 any solicitor worth their salt should be able to explain the legal implications to you. It may be worth persevering with this property but unless your solicitor steps up to the plate I'd consider changing solicitor at this stage. It's worth pursuing further but ensure you have a solicitor who won't allow you to buy a pig in a poke..

Galego · 24-11-2012 6:31pm

I cant now wait for 2013 to come and see how the market reacts to:

1- End of the MIR.
2- New Budget & property taxes.
3- Less income available for the working & middle class.
4- New increases in VR %.
5- No new houses being built.
6- House repossession.

Of course, I also expect the current Government to interfere the market again and I would not be surprise to see the MIR extended one more year.

dara.obriain · 24-11-2012 9:54pm

am in a similar position to blueball in that the house is "sale agreed" and the only hold-up was the bank giving final approval which has now been sorted after they dragged their feet for a month (nearly lost the house).
anyway, bank's valuer has been out to the house 2 days ago and as far as I know has sent in the report to the bank so expecting letter of offer to go out next week. i've also had survey done and nothing major popped out. a drain needs to be put in along plint at front and back of house as ground level is too high, this is a bit of a job but i think was factored into price and i am not going to start re-negotiating now as i want to get closed before year-end.
sorry if i am rambling but my real question is what should i be thinking about and chasing up at this stage of the process?? mortgage insurance is organised and am doing house insurance through the lender, they say its only a phonecall. is the solicitor responsible for checking out council plans for the immediate area or do i need to do this myself?? other stuff like this i should be on top of??
any suggestions really appreciated.

Fearsneachta in Poland · 24-11-2012 10:24pm

dara.obriain wrote: »

am in a similar position to blueball in that the house is "sale agreed" and the only hold-up was the bank giving final approval which has now been sorted after they dragged their feet for a month (nearly lost the house).
anyway, bank's valuer has been out to the house 2 days ago and as far as I know has sent in the report to the bank so expecting letter of offer to go out next week. i've also had survey done and nothing major popped out. a drain needs to be put in along plint at front and back of house as ground level is too high, this is a bit of a job but i think was factored into price and i am not going to start re-negotiating now as i want to get closed before year-end.
sorry if i am rambling but my real question is what should i be thinking about and chasing up at this stage of the process?? mortgage insurance is organised and am doing house insurance through the lender, they say its only a phonecall. is the solicitor responsible for checking out council plans for the immediate area or do i need to do this myself?? other stuff like this i should be on top of??
any suggestions really appreciated.

Get your life assurance sorted next week. This can sometimes take a while....

Avengers · 25-11-2012 5:21pm

Avengers wrote: »

Thanks Killers for the rapid response,

No, my mortgage advisor did not give me any reason. She only informed me few minutes before 5 pm today. She also mentioned that BOI had dealt with my solicitor in past without any problems. She then asked me if i heard anything from my solicitor about it.

I was't expecting anything like this, and did't get any call from my solicitor too.

I rang the solicitor's office around 5pm and he is in a meeting(obviously).
so I explained everything to the receptionist asking to call me back ASAP.

Have't heard anything back I will have to wait till monday to get an update.

Is there a way to know a solicitor is blacklisted ? What is PI cover ?

Howcome bank will send loan pack in the first place if the solicitor is blacklisted.

Killers, I appreciate if you have any suggestions on how should i proceed from now on..

Thanks again

First of all, A big thanks to Killers1 for pointing me in right direction.

I will be collecting keys on tuesday or wenesday next week.

I had to change Solicitor as suggested by bank just 2 weeks before the closing date(29th Nov).

Killers1 was excellent in helping me out with a new solicitor who is quick in responding to the situation. He is simply the best in getting things done and following up everyday. I could't have done this without the timely help of Killers.

Pity that I did't get in touch with killers in my early stages of house serach. I would recommend anyone buying house to seek his help if they are stuck with anything not clear in conveyancing. He is an excellent source of information and is happy to share for free

Here is what happend from last friday till this friday.......

16th Nov - got call from bank to change my solicitor.
19th - with the help of Killers1, informed bank about my new solicitor.
20th - Bank sent a new loan pack to new solicitor.
21st - Met new solicitor to sign the documents.
22nd - New solicitor was very good in pushing things with vendors solicitor and contacting bank for Cheque requisition.
23rd - Solicitor rang up hoping to close 2 days early. Received email from mortgage advisor that CHQ is in post to my solicitor.

It all happend in a span of 5 days, this must be a record to change solicitor and get things done and even to close early than planned.

I am glad to know that i will be paying the old registration fees.

Thank you Killers:)

EAFC_rdfl · 27-11-2012 1:15pm

We are hopefully getting close to closing on our soon to be home. our solicitor has the contracts and we are going into sign them Friday (earliest we can get in). dropping in a holding deposit to EA tomorrow, while also meeting the bank (BOI) to confirm mortgage protection. Home insurance lined up with BOI just to give them the ok that we are going with them.

Would next Wed/Thurs (5th/6th) be too optimistic as a closing date? Also, do we give the outstanding deposit balance to our solicitor or the EA? We have a survey done with one question to be answered - about the bored well water supply to make sure it isn't supplying the house next door. We plan to meet current owners Friday so hoping it will be cleared up positively by then. Anything else from the survey report is not of major concern.

killers1 · 27-11-2012 2:48pm

EAFC_rdfl wrote: »

We are hopefully getting close to closing on our soon to be home. our solicitor has the contracts and we are going into sign them Friday (earliest we can get in). dropping in a holding deposit to EA tomorrow, while also meeting the bank (BOI) to confirm mortgage protection. Home insurance lined up with BOI just to give them the ok that we are going with them.

Would next Wed/Thurs (5th/6th) be too optimistic as a closing date? Also, do we give the outstanding deposit balance to our solicitor or the EA? We have a survey done with one question to be answered - about the bored well water supply to make sure it isn't supplying the house next door. We plan to meet current owners Friday so hoping it will be cleared up positively by then. Anything else from the survey report is not of major concern.

It's a little on the optimistic side... If you sign contracts on Fri & presuming solicitor returns all documentation to the bank that day it would probably be around a week before they would receive funds at the earliest & providing you have satisfied all other conditions in the meantime. Also the signed contracts would need to be returned to the vendors solicitor to be signed by the vendor prior to closing. I'd say it's possible to do it by the end of next week but more realistic would be the following week provided the vendors are happy to work to that timeframe.

Dubchick81 · 27-11-2012 5:24pm

Killers.... HELP...
All everything was fine on Friday.. Solicitor received the cheque from our bank and told us we'd close Monday.. Monday came n I heard nothing.. So I called solicitor.. He said he was gona request the closing docs, check them then he'd lodge the cheque and get a draft drawn up.. Monday came n went, n we'd no keys... So I called him again this morning, told him I'd arranged for ppl to come treat the woodworm in the attic at 2pm.. Shud I cancel them, or will I be getting the keys today.. Seen as we were told we'd hav them yesterday! He said "leave it with me.. I'll request the closing docs... blablabla" same as yesterday.. Leave the men booked and we'll hopefully meet target... Then at 12 he was still only on his way to get the bank draft.. So anyway time went on, 2 o'clock came n went still nothing from solicitor.. Then 3:30pm... Solicitor calls.. there's mention in these docs there actually has been development on the property since 1964... Your surveyor has confirmed they're exempt from planning but we need certs.. Which he has said he's willing to give us TOMORO shud we need them. First we'll check with the vendors sol... So eventually the vendors sol has agreed yes there has been (altho initial docs said there wasn't) So he has requested the vendor pay the costs of our surveyor drawing up the certs.. Its now 16:22 so regardless at this late stage we'll not get fund lodged today coz bank closes in 10mins!!! I've taken time off work in order to get moved in and settled in and so far have wasted 2 days sitting around waiting.. Is there ANYTHING can be done?? Or do we just have to sit around and continue to wait?? I am FUMING at this stage...

killers1 · 27-11-2012 7:53pm

Dubchick81 wrote: »

Killers.... HELP...
All everything was fine on Friday.. Solicitor received the cheque from our bank and told us we'd close Monday.. Monday came n I heard nothing.. So I called solicitor.. He said he was gona request the closing docs, check them then he'd lodge the cheque and get a draft drawn up.. Monday came n went, n we'd no keys... So I called him again this morning, told him I'd arranged for ppl to come treat the woodworm in the attic at 2pm.. Shud I cancel them, or will I be getting the keys today.. Seen as we were told we'd hav them yesterday! He said "leave it with me.. I'll request the closing docs... blablabla" same as yesterday.. Leave the men booked and we'll hopefully meet target... Then at 12 he was still only on his way to get the bank draft.. So anyway time went on, 2 o'clock came n went still nothing from solicitor.. Then 3:30pm... Solicitor calls.. there's mention in these docs there actually has been development on the property since 1964... Your surveyor has confirmed they're exempt from planning but we need certs.. Which he has said he's willing to give us TOMORO shud we need them. First we'll check with the vendors sol... So eventually the vendors sol has agreed yes there has been (altho initial docs said there wasn't) So he has requested the vendor pay the costs of our surveyor drawing up the certs.. Its now 16:22 so regardless at this late stage we'll not get fund lodged today coz bank closes in 10mins!!! I've taken time off work in order to get moved in and settled in and so far have wasted 2 days sitting around waiting.. Is there ANYTHING can be done?? Or do we just have to sit around and continue to wait?? I am FUMING at this stage...

Sorry, just seeing this now... I'd expect this can be resolved to allow you to close tomorrow. I know these last minute glitches can be really annoying and frustrating but if it's any consolation when you're sitting in your new home on Christmas Day these issues will be long forgotten! Hang in there & fingers cross its done & dusted for you tomorrow.

tommyh1977 · 28-11-2012 10:37am

Some advice please. Our receiver purchase is going from bad to impossible. When my sol went to close sale after drawing down funds we were informed the developers wife has applied a lispendens against the title with the land registry. Also revenue had got a judgement mortgage over property. Now we are waiting for the lispendens to be removed voluntarily or else the vendors are taking it to high court.

According to the vendors sol this lispendens has no grounds and the wife hasn't a leg to stand on, they just want it removed before closing sale. My sol is concerned with the revenue judgement, however the vendors sol doesn't seem too concerned as it is sold by court order mortgagee in possession. However would revenue not have entitlement to proceeds of sale or would they just have to take whats left after mortgagee, which will be nill? There are several other judgements after popping up but seemingly they will all be discharged automatically when the sale completes, again because of the type of sale it is? Any previous experience with this. Even though we are getting a bargain this receiver sale has just been one big pain in the posterior.

PaddyCar · 28-11-2012 1:20pm

Anyone know how long it should take for mortgage funds to become available once solicitor requests the money. I am with BOI and have everything else in place (I hope!!)

FixYa · 28-11-2012 2:40pm

I am the same. Everything seems to be sorted and solicitor requested cheque yesterday.
Solicitor advised that it should not take longer than week or two

Grover81 · 28-11-2012 5:17pm

Bank is now asking for updated salary certs, payslips, more bank account statements (duplicates of ones we've already supplied), a re-valuation of the house due to the fact we negotiated a 5K discount on the property (and the ammended loan offer we signed reflects this - so I have no notion as to why the banks want us to pay for yet again another evaluation on the same property). This via email. BOI branch not answering calls or replying to voicemails, despite sending another email requesting the info.

Contacts with vendor had been signed, deposit paid.

Solicitor is now looking for his payment, but I fear we're in serious trouble now and are not going to get the house. Worst imaginable day.

thehamo · 28-11-2012 5:24pm

6 weeks in now. Turns out the vendor has lost the leasehold documents and this we can't register the property with the land registry. Feckin idiots holding everything up. Solicitor has to see what options are available to us regarding the documents now

killers1 · 28-11-2012 5:38pm

PaddyCar wrote: »

Anyone know how long it should take for mortgage funds to become available once solicitor requests the money. I am with BOI and have everything else in place (I hope!!)

Provided all other conditions are satisfied solicitor should receive cheque on Friday.

tommyh1977 · 28-11-2012 5:42pm

Grover81 wrote: »

Solicitor is now looking for his payment, but I fear we're in serious trouble now and are not going to get the house. Worst imaginable day.

Trust me I know the stress and emotions you are going through now, we are in same boat for last few weeks, but due to different reasons. We have funding but can't close sale. This whole house purchase minefield is possibly the most stressful thing we've ever experienced. Today my sol tells me that if we do manage to close we are now liable to higher land registry charges as new schedule kicks in 1st Dec. Hope it goes ok for you.

dove2011 · 29-11-2012 1:05am

Hi all,

I finally received my keys today- happy days!
Going to really enjoy the moving in now- just a little bit of history of my process... House went sale agreed on 2nd week of April, paid deposit first week of May, received contracts 4 weeks after, major issues with management company-issues arisen weekily.
Vendors solictor were so unhelpful throughout the whole sale.
October 16th signed contract.
Requested drawdown of funds on the 26th October,
Vendor signed on the 31st October
2nd November local branch informed me my mortgage had been deleted by HO.
Had to reapply, got mortgage, tried to drawdown for 2 weeks, received funds last monday into solictors account, collected keys today.
It was really hard work but it doesnt matter now... roll on the cleaning the unpackaging, the painting and the partying.

Thanks to everyone for all your knowledge and expertise... Will be tap into boards.ie for information on setting up a Management company...

Cheers Dove

killers1 · 29-11-2012 1:17am

dove2011 wrote: »

Hi all,

I finally received my keys today- happy days!
Going to really enjoy the moving in now- just a little bit of history of my process... House went sale agreed on 2nd week of April, paid deposit first week of May, received contracts 4 weeks after, major issues with management company-issues arisen weekily.
Vendors solictor were so unhelpful throughout the whole sale.
October 16th signed contract.
Requested drawdown of funds on the 26th October,
Vendor signed on the 31st October
2nd November local branch informed me my mortgage had been deleted by HO.
Had to reapply, got mortgage, tried to drawdown for 2 weeks, received funds last monday into solictors account, collected keys today.
It was really hard work but it doesnt matter now... roll on the cleaning the unpackaging, the painting and the partying.

Thanks to everyone for all your knowledge and expertise... Will be tap into boards.ie for information on setting up a Management company...

Cheers Dove

Congrats Dove! You finally got there!! Best of luck with your move & enjoy your new home!

BuzzLightSaber · 29-11-2012 10:38am

Long time lurker on this thread - and hoping to pick up the keys soon! Thanks so much to Killers for all his advice - you the man!!!

I got the bill from my solicitor lately, but I was wondering what others are paying in fees. I know search fees, stamp duty, etc. are all inevitable costs. But would people mind telling me what they have been charged for the professional fees?

I'd be grateful to get as many answers as possible - so even if you think you were ripped off, I'd love to hear how mcuh you paid. (maybe an IM if you think you were overcharged :-) )

Ta!

killers1 · 29-11-2012 11:34am

BuzzLightSaber wrote: »

Long time lurker on this thread - and hoping to pick up the keys soon! Thanks so much to Killers for all his advice - you the man!!!

I got the bill from my solicitor lately, but I was wondering what others are paying in fees. I know search fees, stamp duty, etc. are all inevitable costs. But would people mind telling me what they have been charged for the professional fees?

I'd be grateful to get as many answers as possible - so even if you think you were ripped off, I'd love to hear how mcuh you paid. (maybe an IM if you think you were overcharged :-) )

Ta!

Cheers. Re the solicitors fees I'd say less than €800 is excellent, €800-€1200 is average and anything above that is excessive...

TheDriver · 29-11-2012 12:19pm

killers1 wrote: »

Cheers. Re the solicitors fees I'd say less than €800 is excellent, €800-€1200 is average and anything above that is excessive...

For clarification, I assume thats ex VAT?

killers1 · 29-11-2012 12:23pm

TheDriver wrote: »

For clarification, I assume thats ex VAT?

Yep, ex VAT

Citizenpain · 29-11-2012 4:46pm

BuzzLightSaber wrote: »

Long time lurker on this thread - and hoping to pick up the keys soon! Thanks so much to Killers for all his advice - you the man!!!

I got the bill from my solicitor lately, but I was wondering what others are paying in fees. I know search fees, stamp duty, etc. are all inevitable costs. But would people mind telling me what they have been charged for the professional fees?

I'd be grateful to get as many answers as possible - so even if you think you were ripped off, I'd love to hear how mcuh you paid. (maybe an IM if you think you were overcharged :-) )

Ta!

900 + VAT - so far so good

Grover81 · 29-11-2012 5:30pm

Citizenpain wrote: »

900 + VAT - so far so good

Ours is working out at 850+VAT and I'd highly recommend him. He's the only person in the whole line of people we're dealing with doing their job 100% efficiently. He constantly reverts to us without any prompting, great channels of communication, plus he's good a putting pressure on the bank when it's needed. I think it helps that we never have to deal with any support or secretarial staff and from what I've read on here the smaller operators are more favourable then the large companies.

efb · 29-11-2012 8:00pm

My sol was a godsend. She was brill. Bank was easy- great mortgage advisor. EA was not interested but then it closed as I closed the sale so not surprised in the end.

It was a tricky sale - divorce- but my sol ran the show like a pro

karlosrush · 29-11-2012 9:48pm

Today my bank(BOI) sent me out a double sided housing loan mortgage/consent of spouse or civil partner form to be signed and returned to them with the signature of witnessing solicitor....what I want to know is will both my gf and I have to be present when signing this or can we both go to the solicitor at different times and sign?the reason I ask is because I'm away with work for the next couple of weeks and it would save us a lot of hassle if we could sign at different times...

killers1 · 29-11-2012 11:28pm

karlosrush wrote: »

Today my bank(BOI) sent me out a double sided housing loan mortgage/consent of spouse or civil partner form to be signed and returned to them with the signature of witnessing solicitor....what I want to know is will both my gf and I have to be present when signing this or can we both go to the solicitor at different times and sign?the reason I ask is because I'm away with work for the next couple of weeks and it would save us a lot of hassle if we could sign at different times...

There's no problem going separately to sign with the solicitor

poggles81 · 30-11-2012 1:22pm

Hi everybody,
We are very close to completing our first house purchase, it has been a long old road as we first saw the house and made an offer last May.
I have been following this thread all along and must say it has been a great resource and source of information.
My question is, from the day our solicitor receives the cheque from the bank and providing everything is in order, how long more does it take before we receive the keys?

SuzieQCork · 01-12-2012 12:23am

Hi Everyone

Just looking for a bit of info. We've been sale agreed on a house(NAMA property) since Nov 6th. Deposit paid, Engineers report done, Banks Valuation report done. Letter of Offer/Loan Pack came this week to myself and solicitor. EA provided solicitor with name of vendors solicitors this week also and she says apparently the contracts are ready to go. The only thing we must actually do is check the boundaries when our solicitor gets the maps.
My question is roughly how long will the rest of the process be? Is it possible that we will be in before Xmas and will be able to avail of the MIR?

Buying a house 2012

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