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  • 09-11-2013 2:11pm
    #1
    anonymus1268
    Closed Accounts Posts: 38 ✭


    Hi, I am (still) in the process of buying a house. I have signed several documents with my solicitor, but I would like to ask in which moment I am considered the owner.
    Is it when you sign the mortgage? (I have)
    Or do I need to sign a deed or title? (I have not)
    Is it when you get the keys of the house? (I have not)
    At this stage, I have paid everything my solicitor has asked, and that is all the price of the house that was agreed, and my first repayment is due on 21st November, but I have not been given the keys.
    He even has the cheque from the bank, but keeps postponing the signing until more requistions he asked are complied.
    Shouldn't he wait until all requistions he has made are complied to ask me to pay anything?
    I know this process takes a lot of time in Ireland, but I am not used to it.
    Also, at this point they are asking me to pay the apportionment for LPT 2013, and 2014, but I have read on revenue.ie that I will be exempt until 2016 as I am a first time buyer and the house is going to be my main residence. Oh, and they also include a part of the service charge since 30th September, but I am not living there yet.
    I am quite annoyed because I have given everything they have asked, but I do not know why I cannot have the keys yet.

    I will appreciate any comment on this. Thanks.


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    #2
    ted1
    Registered Users Posts: 23,532 ✭✭✭✭ted1


    adagaladriel wrote: »
    Hi, I am (still) in the process of buying a house. I have signed several documents with my solicitor, but I would like to ask in which moment I am considered the owner.
    Is it when you sign the mortgage? (I have)
    Or do I need to sign a deed or title? (I have not)
    Is it when you get the keys of the house? (I have not)
    At this stage, I have paid everything my solicitor has asked, and that is all the price of the house that was agreed, and my first repayment is due on 21st November, but I have not been given the keys.
    He even has the cheque from the bank, but keeps postponing the signing until more requistions he asked are complied.
    Shouldn't he wait until all requistions he has made are complied to ask me to pay anything?
    I know this process takes a lot of time in Ireland, but I am not used to it.
    Also, at this point they are asking me to pay the apportionment for LPT 2013, and 2014, but I have read on revenue.ie that I will be exempt until 2016 as I am a first time buyer and the house is going to be my main residence. Oh, and they also include a part of the service charge since 30th September, but I am not living there yet.
    I am quite annoyed because I have given everything they have asked, but I do not know why I cannot have the keys yet.

    I will appreciate any comment on this. Thanks.

    If you don't have the keys and the contracts aren't signed them you don't own it and have no responsibilities with regards any charges due to the date you sign the contract and get the keys.
    Maybe even till the sale is registered


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    #3
    oodles19
    Registered Users Posts: 280 ✭✭oodles19


    Your solicitor is giving you very, very incorrect information. Worryingly, he seems to not know what he's talking about with respect to LPT, which would lead me to think he may not be giving you correct advice with respect to other issues. He is YOUR solicitor and appears to representing you very badly, I would inform him of this very forcefully...


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    As I understand it, when you sign the contract, therein is written a "closing date" on which date, the keys are handed to you and on this day you become the owner of the property.

    You should check with your solicitor to confirm the closing date.

    You should also get your solicitor to check that the vendor has signed the contract as well. It is a time wasting system in Ireland (and the UK, I think) that the contracts are sent to the purchaser's solicitor, the purchaser signs, and then the contract is returned to the vendor's solicitor for the vendor to sign. There is no legally binding contract until the vendor has signed the contract.


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    #5
    cali_eire
    Registered Users Posts: 182 ✭✭cali_eire


    Sorry for your trouble - I went through a very long sale earlier in the year with a solicitor who wasnt the greatest so I understand.

    1.Has the contract been signed? This is the document that both you and the seller sign that outline the term of the sale. I signed this and the deed/title at the same time but it was a cash sale so I am not sure if that's why.

    2 I went through the same issue the the Property tax - I had to explain the exemption to the solicitor who was unaware. The seller is still responsible for paying the tax up until closing. You should be paying nothing of this.


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    #6
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    adagaladriel wrote: »
    At this stage, I have paid everything my solicitor has asked, and that is all the price of the house that was agreed, and my first repayment is due on 21st November, but I have not been given the keys.
    He even has the cheque from the bank, but keeps postponing the signing until more requistions he asked are complied.
    From my limited knowledge on the subject, your solicitor shouldn't have drawn down the funds until both sides have signed the contracts. Otherwise, either the money shall be "resting in his account" or going to someone who still owns the house. Sounds like the solicitor has f**ked up.

    =-=

    Have a read of this thread, as it seems you may have a cowboy solicitor on your hands. If he doesn't start giving you the correct answers, you should get a second opinion from another solicitor that has no connections to your current one...!


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    #7
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    YOU sign a contract to buy the house ,
    the banks should be sent the deeds by the vendors solicitor.
    you get the deeds when the mortgage is paid off, maybe 20 , 25 years from now.
    you get the keys on the closing date.
    the bank mortgage, is a loan to buy the house,
    they hold onto the deeds til its paid in full.
    You can get advice from a citizens advice centre.
    PART OF the solicitors job is too make sure all the bills on the property,
    esb,gas ,tv, etc are paid ,so you dont get stuck paying the vendors bills.when you move in,
    on the first day ,write down ,the gas, meter reading,
    esb meter reading, even photograph it .
    just to make sure ,you do not get billed for previous esb,gas use,

    When you put those accounts in your name.

    i,m not a lawyer ,
    but i dont think you fully own the house ,till the loan is paid off.
    YOU have a right to live there , as long as you pay the mortgage on the house.

    its up to you to pay house insurance , 300-400 on average per year.
    http://www.citizensinformation.ie/en/housing/owning_a_home/buying_a_home/


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