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Solicitor for selling house

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  • 11-09-2015 2:34pm
    #1
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭


    When selling a house why does one need a solicitor? I just accepted it as something always done but someone mentioned it to me last night and I can't really see the purpose now. The buyers solicitor does all the conveyance right?


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    #2
    Uno my Uno.
    Registered Users Posts: 905 ✭✭✭Uno my Uno.


    For the largely practical reasons that the seller's solicitor prepares the title and drafts the contracts, both of which require a great deal of legal knowledge and experience.

    Most solicitors will also require that the seller have a solicitor so that they have proper independent legal advice and no question of undue influence or conflict of interest can arise. Practical issues relating to the transfer of funds may also come up. Also the buyer's Solicitor will know that dealing with someone who does not have the necessary legal know how is going to make their job much more difficult.

    Finally its worth noting that most Solicitors don't handle their own property transactions.


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    #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    No law says you have to have a solicitor but on a practical level it would be almost impossible to do it. A lay person has no indemnity insurance so the purchaser would have no recourse to them if they made a mistake. The lay person cannot give acceptable undertakings. The lay person would not be trusted with interim funds deposits etc.
    It always amazes me that people who would ring a locksmith to change a lock want to do a much more time consuming and complicated job themselves. Not alone that they may well end up being sued for negligence into the bargain.


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    #4
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    Uno my Uno. wrote: »
    For the largely practical reasons that the seller's solicitor prepares the title and drafts the contracts, both of which require a great deal of legal knowledge and experience.

    Can the purchasing solicitor do this or is there a conflict of interest?


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    #5
    Uno my Uno.
    Registered Users Posts: 905 ✭✭✭Uno my Uno.


    Pawwed Rig wrote: »
    Can the purchasing solicitor do this or is there a conflict of interest?

    the buyer's solicitor can't do either, the seller has to tell the buyer what is being offered for sale and on what terms. Even if the Solicitor could do it why would they? It's s lot of work for which they won't be paid.


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    #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Uno my Uno. wrote: »
    the buyer's solicitor can't do either, the seller has to tell the buyer what is being offered for sale and on what terms. Even if the Solicitor could do it why would they? It's s lot of work for which they won't be paid.

    The law Society now insists that solicitors act on only one side of the transaction. That was not the case until a few years ago. As a purchaser I wouldn't have accepted such a situation.
    There is a conflict of interest and if there is only one solicitor the chances of a mistake going undetected are much higher.


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