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Share Solicitor with buyer and seller for house sale

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  • 28-01-2012 2:11pm
    #1
    ECO_Mental
    Registered Users Posts: 2,497 ✭✭✭


    I am selling a rental house of mine to its current tenant, now they have inquired that we might share the costs of the solicitor.

    My head and gut is telling me that I shouldn't do this or even if its possible or legal?

    Thanks
    EM

    6.1kWp south facing, South of Cork City



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    #2
    Weylin
    Registered Users Posts: 273 ✭✭Weylin


    i dont think this is possible,in the event of a dispute later,whos side would the solicitor take?


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    #3
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    You will find solicitors who might do it, but it's a complete conflict of interest.

    Bad idea.


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    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Highly irregular. No solicitor should take such work. It's a conflict of interests.

    Get your own solicitor so you know he is working for you.


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    #5
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭RATM


    Not sure whether or not it is possible / legal to share a solicitor.

    Regardless listen to your head and gut and don't do this. I'd be more worried for the tenant here- what would happen if the solicitor discovers a problem with the deeds? Now he is compromised because it is in his financial interest to see the sale go through. But at the same time he has a duty to the seller.


    If costs are a problem for your tenant then let him know about the solicitor in the Bray/Greystones area who is doing flat-rate conveyancing for €750.


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    #6
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    If you do find a solicitor who'll offer to do this you should actually avoid ever using them. It's very irregular and in the event of a problem it could cause you all kinds of trouble.


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    #7
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Horrible idea OP that may cause problems at a later date

    I don't know if it's allowed or not, a solicitor desperate for work might do it but is this someone you want?
    An established solicitor would turn this down and rightly so


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Apart from Ireland, the only countries I have bought and sold houses in are Spain and Argentina. In both of these countries buyer and seller use the same "escribana" and the cost is shared between between both parties. Also, the estate agent was in attendance at the signing.
    Perhaps this is one of the reasons that a house sale can be completed usually in a week or two. My last sale was completed in 3 days which included a personal search by a person from the escribana office re the house deeds, over 100 kms away!


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    #9
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    Don't do it. You should hire a solicitor who is 100% committed to doing what is in your best interests & no one else's. That will not and can not happen if he is working for the other side too.


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    #10
    the culture of deference
    Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    odds_on wrote: »
    Apart from Ireland, the only countries I have bought and sold houses in are Spain and Argentina. In both of these countries buyer and seller use the same "escribana" and the cost is shared between between both parties. Also, the estate agent was in attendance at the signing.
    Perhaps this is one of the reasons that a house sale can be completed usually in a week or two. My last sale was completed in 3 days which included a personal search by a person from the escribana office re the house deeds, over 100 kms away!

    It makes absolute sense.

    We bought our 1st house here in under 4 weeks, (initial offer to moving in) by ringing both solicitors every day.

    I always wondered when you buy a house and get a structural survey done, why other potential buyers would also have to get a different survey done on the same property.


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    #11
    ECO_Mental
    Registered Users Posts: 2,497 ✭✭✭ECO_Mental


    Thanks for all the quick replies guys, kinda new it was a bad idea but no harm in asking the question. Conveyancing fees should have reduced over the last few years anyway, so paying a grand or so is small change for peace of mind.

    I am bit too friendly with the tenant as well and I need to distance myself.


    Thanks again
    EM

    6.1kWp south facing, South of Cork City



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    #12
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    ECO_Mental wrote: »
    I am selling a rental house of mine to its current tenant, now they have inquired that we might share the costs of the solicitor.

    1. Sharing solicitors
    As I understand it, one solicitor can do the conveyancing, however both parties should get separate legal advice from their own solicitor. The financial saving may not actually be all that much.

    2. Sharing the cost
    The tenant should bear their own costs. You have no control over how much they are going to spend on their solicitor or the quality of the subsequent work.
    the culture of deference wrote: »
    I always wondered when you buy a house and get a structural survey done, why other potential buyers would also have to get a different survey done on the same property.
    It will depend on how serious they are about the property and what stage they are at.


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