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New rules - how do they work with a non-first-time-buyer-partner

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  • 03-03-2015 11:03am
    #1
    Registered Users Posts: 12


    I am wondering if anyone knows where I can find an answer to the following question.

    I am not a first time buyer, I sold a house in 2013 (I won't go into the details as to why I sold). I was not in negative equity.

    I am now looking to buy a house with my partner who is a first time buyer. The bank stated that we need to have a 20% deposit because of the new rules even though my partner is a first time buyer.

    Does anyone know where I can question this further?

    Thanks


Comments

  • Registered Users Posts: 23,365 ✭✭✭✭ted1


    I am wondering if anyone knows where I can find an answer to the following question.

    I am not a first time buyer, I sold a house in 2013 (I won't go into the details as to why I sold). I was not in negative equity.

    I am now looking to buy a house with my partner who is a first time buyer. The bank stated that we need to have a 20% deposit because of the new rules even though my partner is a first time buyer.

    Does anyone know where I can question this further?

    Thanks
    Your not a FTB. If your partner bought on his own then he would be.


  • Registered Users Posts: 12 Chocolate Chip Sunshine


    Do you know where questions such as the one I posted above can be referred to? I have some other questions and I am wondering if there is somewhere dedicated to answering such questions.
    Thanks.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Talk to a mortgage advisor or a broker if you have specific questions that need to be answered.


  • Registered Users Posts: 4,359 ✭✭✭jon1981


    http://www.revenue.ie/en/tax/stamp-duty/certificates/first-time-buyer.html

    pretty clear and easy to find.
    A First Time Buyer as defined by Section 92B, Stamp Duties Consolidation Act, 1999, is a person, (or, where there is more than one buyer, each of such persons):

    who has not on any previous occasion, either individually or jointly, purchased or built on his/her own behalf a house (in Ireland or abroad) and

    where the property purchased is occupied by the purchaser, or a person on his behalf, as his/her only or principal place of residence and

    where no rent, other than rent under the rent-a-room-scheme, is derived from the property for five years after the date of the current purchase.


  • Registered Users Posts: 1,494 ✭✭✭Sala


    The statutory instrument that brought the new regs into effect is here: http://www.irishstatutebook.ie/pdf/2015/en.si.2015.0047.pdf
    It's very clear on this point at 2(2):
    "(2) Where the borrower under a housing loan is more than one person and a
    housing loan has previously been advanced to any one of those persons, none
    of those persons is a first-time buyer."

    I assume your only way around this is to be one of the exceptions allowed under the legislation. This would be up to your bank


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  • Registered Users Posts: 12 Chocolate Chip Sunshine


    Thanks for your help. Much appreciated


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