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The need for a solicitor when selling my house to a family member

  • 22-09-2014 8:39pm
    #1
    bm69
    Registered Users, Registered Users 2 Posts: 42 ✭


    I am currently upgrading to a new house and my brother is going to buy my old residence as a full price cash investor. I have mortgage on this property which will be cleared with the purchase price

    Do I still need to get a solicitor for my brother to purchase my house since it is a straight cash purchase?

    If we do need a solicitor could we make savings by using the same solicitor?


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    You might not need one but he'd be a fool not to have one. I'm not suggesting you'd intentionally try to stiff him but there are a few unforeseens in property transfers.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Realistically, your brother needs a solicitor to act on his behalf.

    Apart from particular exceptions, solicitors no longer allowed to act on both sides of a conveyancing transaction, due to regulations concerning conflict of interest.


  • #4
    bm69
    Registered Users, Registered Users 2 Posts: 42 ✭bm69


    Thanks guys. I am presuming I need one also then? If so what will a solicitor do for me that I cannot do myself.


  • #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    bm69 wrote: »
    Thanks guys. I am presuming I need one also then? If so what will a solicitor do for me that I cannot do myself.

    If you're happy to do your side of the conveyancing and are competent to do it I don't see why you would need one unless any issues present themselves from the other side. Me personally, I'd just find a solicitor that, on the basis it was a simple transaction, was going to do it for a reasonable price and let them deal with it.

    That said I've a spindle on a tap that needs replacing in the bathroom and the same feeling comes over me.


  • #6
    bm69
    Registered Users, Registered Users 2 Posts: 42 ✭bm69


    Bepolite wrote: »
    If you're happy to do your side of the conveyancing and are competent to do it I don't see why you would need one unless any issues present themselves from the other side. Me personally, I'd just find a solicitor that, on the basis it was a simple transaction, was going to do it for a reasonable price and let them deal with it.

    That said I've a spindle on a tap that needs replacing in the bathroom and the same feeling comes over me.

    Solicitors give prices based on buying and selling. Fixed number for both. No matter how much work is or is not involved they do not want to talk about price. I have tried many now. Very frustrating. I will try my best to avoid them for this reason.


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  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    bm69 wrote: »
    Solicitors give prices based on buying and selling. Fixed number for both. No matter how much work is or is not involved they do not want to talk about price. I have tried many now. Very frustrating. I will try my best to avoid them for this reason.

    Thats your choice and to be fair no one is saying otherwise. Not sure why you want advice as to whether you need a solicitor or not when you seem pretty determined not to use one!


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,997 ✭✭✭✭Peregrinus


    Your brother's solicitor will likely charge your brother more if he has to deal with you rather than with a solicitor acting on your behalf because, frankly, you will have no clue what you are doing or what you are supposed to do, and this will greatly magnify the amount of time and effort your brother's solicitor will have to put in.


  • #9
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,997 ✭✭✭✭Peregrinus


    NM.


  • #10
    gypsylee
    Registered Users, Registered Users 2 Posts: 746 ✭✭✭gypsylee


    If you are selling the house without a solicitor then you will be responsible for drawing up the Contract for Sale. You will need to obtain your title deeds from your lender in order to do this. I am not sure if your lender will forward the deeds directly to you, but they will to a solicitor. Are you competent enough in conveyancing matters to undertake the work? Also you will have to respond to the Objections and Requisitions on Title which your brother's solicitor will raise and deal with any queries he has in relation to the title etc. You will have to provide an undertaking to your brother's solicitor to discharge the charge on title (your mortgage) etc. Think it would be a lot simplier to engage a solicitor.


  • #11
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    Are you not using a solicitor for your house purchase anyway? (Or is it a self-build?)


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  • #12
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    bm69 wrote: »
    If so what will a solicitor do for me that I cannot do myself.

    One of the big issues with family to family transactions is whether one party has manipulated the other or not. Both parties having their own solicitor will go a long way in satisfying a future court that there wasn't manipulation.


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