Pre purchase "Sellers Legal Pack" proposal by IPAV

IPAV have put forward a bill to propose that property sellers in Ireland must have a pack made available prior to going on the market.

• For anyone interested this will be debated on Sep 28th 2023 - https://www.oireachtas.ie/en/bills/bill/2021/150/?tab=bill-text
• IPAV brochure here - https://www.ipav.ie/sites/default/files/ipav_sellers_legal_pack_brief_2023_aug.pdf

They believe such a pack would speed up conveyancing by 50%

To include the following:

1. Law Society Conditions / Contracts of Sale 

2. Certified copy of file & file plan or root of unregistered title 

3. Architect’s Certificate of Compliance with planning permission 

4. Architect’s Certificate of Compliance with building regulations 

5. Copy of all planning permissions and and building regulations documents 

6. Receipts for financial conditions 

7. Letter confirming roads and services or evidence of rights of way and wayleaves 

8. Local property history details 

9. A BER Certificate & Advisory Report 

10. Certificate of discharge or exemption from Non-Private Residence Charge

As a current buyer and seller, this is badly needed. I'd go as far and say that sellers should also have an independent property survey thrown in made available to all purchasers.

I don't see probate mentioned either. Can anyone confirm if any of the above would cover these cases?

banie01

A definite means of speeding up the conveyancing process and getting past the survey/planning/lien issues that often hold up a sale. If the vendor's solicitor prepares the pack, it can be assumed that they are on the hook for ensuring accuracy of the information provided. It also focuses the seller on providing all required information prior to sale. The rigmarole of query-answer and awaiting solicitors reply is in the main, nixed at source by this proposal. Would IMHO make for a far smoother conveyancing process.

zg3409

I think they had similar in NI for decades and it encourages people to move home more often as it's an easier quicker process. Everyone in the trade should like it as it creates more transactions. The initial set up can take months to get all the ducts in a row before you can advertise property but it stops people advertising properties that have no planning or won't pass a basic inspection. I have wasted months looking and bidding in properties with basic no planning for multiple rooms. I understand sellers can still try hide things or try sell things without planning, but it would be detected much quicker and at lower cost.

Claw Hammer

It will mean solicitors are more likely to want money up front to prepare documents and won't be prepared to wait until the sale closes before taking payment. Auctioneers could ,of course, refuse to accept instructions unless the client has all the paperwork available. they don't do it for fear of the client going to another agent.

Citygirl1

This is a well overdue, and badly needed requirement.

Will cut a huge amount of time out of the process, and force solicitors to act more professionally. From my personal experience, I've seen selling solicitors will refuse to even look at the deeds until the property is Sale Agreed, then put it on their to-do list, after a few weeks sending out a pack which is incomplete, without even reviewing the title, and wait to see what queries the other solicitor may raise, and only then start trying to track down basic documentation, maps etc. We literally have properties lying empty for months (in the middle of a housing crises), people's lives on hold, sales falling through, chains being held up, because solicitors can't organise things properly.

Of course, it would be perfectly reasonable for a solicitor to charge upfront for work done in advance, as the sale may never proceed.

On a separate, but related note, suggest all training for conveyancing solicitors should include targeted modules on project management.

RedXIV

I'd have saved a good chunk of change if this was already in place :(

ted1

https://www.boards.ie/discussion/2058304614/pre-purchase-sellers-legal-pack-proposal-by-ipav

A lot of that is not needed for people buying properties with cash. and should not be a requirement

Del2005

https://www.boards.ie/discussion/comment/120840100#Comment_120840100

They are buying illegal houses if they don't have these. We've enough problems with our laws not being enforced and these proposals are badly needed. The vast majority of home sales are with mortgages and they do need them. It will also mean that our planning laws are actually enforced as in the current system a cash buyer can ignore that a property is illegal, with the new system the seller has to ensure that the property is legal before they can put it on the market.

Claw Hammer

The project to register all titles has been ongoing since the 19th century. It should be finished off as soon as possible to enable e-conveyancing. Rubbish like ltp and nppr should be taken out of tyhe conveyancing process altogether. BER and electrical should be publicly available for every property and should be on an online up to date register available to all intending purchasers.

wildwillow

Totally agree with this. Auctioneers should have a check list and not offer a property for sale unless it is complete.

When I was selling my house I made sure everything was in place, including retention planning for some minor changes. It is a long list but must be obtained anyway. Sale closed in 12 days as purchaser had mortgage arranged. He should now have no problem selling unless he makes alterations.

I have seen sales failing because retention planning took too long or was refused. Boundary issues are another nightmare.

https://www.boards.ie/discussion/comment/120840362#Comment_120840362

Yes, the big push for e-conveyancing by the Law Society of Ireland started in 2015. 8 years later and still no movement.

One major road block in the process was electronic signatures were not permitted and this stipulation was removed in 2022 for registered land. I believe written signatures remain a requirement for unregistered land.

topal

There should be some form of binding contract at the sale agreed stage. It should ideally impose a penalty if either side is deemed to have let the sale fall through. It would focus the minds of both sides.

the.red.baron

https://www.boards.ie/discussion/comment/120840974#Comment_120840974

That makes no sense

why do sales fall through?

it is the solicitors and banks that hold up the process with ineptitude not the people buying or selling, they want it to be done quickly

C3PO

https://www.boards.ie/discussion/comment/120839641#Comment_120839641

Would have saved me a lot of grief too!