# Selling a house without solicitor



## SarahMc (6 Feb 2006)

Is this possible? Its a straight forward sale, have deeds, no outstanding mortgage.    I have managed probate without the help of a solicitor, and wonder is this as straight forward.


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## CCOVICH (6 Feb 2006)

Banks and buyers may not be willing to deal with you.


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## bond-007 (7 Feb 2006)

CCOVICH said:
			
		

> Banks and buyers may not be willing to deal with you.


Their loss then.


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## extopia (7 Feb 2006)

Interesting question though.

Hmm. I wouldn't buy without a solicitor, but sell? Why not just hand over the deeds and take the cash?

What are we missing here?


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## bond-007 (7 Feb 2006)

extopia said:
			
		

> Interesting question though.
> 
> Hmm. I wouldn't buy without a solicitor, but sell? Why not just hand over the deeds and take the cash?
> 
> What are we missing here?


The whole searching to make sure there are no charges on a property. You don't want to buy a house with a judgment morgtage on it. 

Also the change of overship/stamp duty would need doing.


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## extopia (7 Feb 2006)

It's the buyer who has to worry about charges on a property and the security of the title, not the seller!

Stamp duty? Buyer's problem also. 

But you're right - you'd probably need a solicitor to advise you about what you were signing, as there's no way you could just take the bank draft without  having to sign something... And the buyer's bank and solicitor would probably refuse to deal with a mere non-legal individual.


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## ClubMan (7 Feb 2006)

In theory it's possible as far as I know but in practice apart from the caveats already mentioned the scope for errors which could lead to long term problems and costs in excess of the money initially saved on coinveyancing fees would be extremely high. Better to get the job done properly by a reputable and competitive solicitor and rest easy thereafter.


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## Deirdra (8 Feb 2006)

My experience is the same as CCOVICH. The banks just won't do it.


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## CCOVICH (8 Feb 2006)

bond-007 said:
			
		

> Their loss then.


 
Hardly.  Plenty of other properies out there.



			
				Deirdra said:
			
		

> My experience is the same as CCOVICH. The banks just won't do it.


 
My view/opinion isn't based on experience, it's actually based on what I have read in the past on AAM.


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## mf1 (8 Feb 2006)

"Why not just hand over the deeds and take the cash?"

Its not that simple and the problem is that the capacity for things to go wrong is enormous. Solicitors don't just change the names and addresses on deeds.

I'd be really ticked off if, as a solicitor, I was dealing with a non conveyancer in trying to acquire title to a property for a purchaser. Its not the function of the Vendor's solicitor to guarantee my client good title but it is their function to comprehend and stand over the General and Special Conditions of Sale ( all 51 of them) in the standard Law Society Contract.   Its the Purchasers Solicitors function to acquire good title ( such as would enable them to be immediately sell on) but they are heavily reliant on the Vendor/ Solicitor to disclose things in the Contract and in Replies to Requisitions) that may not be apparent to the untrained eye. 

I've said it before - what the Vendor might hope to save in fees the Purchaser will end up paying to his/her own solicitor for doubling the work involved. 

I've also seen situations where e.g. someone wants to sell but does not want to pay a solicitor and I have a client who wants to buy. I really cannot act for both and I have had purchasers pay the vendor's solicitor's fees to complete a transaction. 

mf


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## extopia (8 Feb 2006)

mf1 said:
			
		

> I have had purchasers pay the vendor's solicitor's fees to complete a transaction. mf



So it IS possible then.


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## ClubMan (8 Feb 2006)

mf1 said:
			
		

> I really cannot act for both and I have had purchasers pay the vendor's solicitor's fees to complete a transaction.


Interesting - now there's a new bargaining angle for some people!


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## mf1 (8 Feb 2006)

I was saying that more in the context of "nuisance" cases!!! 

Say fixing a boundary/ access problem where the only ( apparent ) benefit is to the Purchaser or  enlarging a site where the value of the extra piece is minuscule but the extra benefit to the Purchaser is incalculable. 

Don't all get excited now. 

mf


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## Saudi (9 Feb 2006)

MF you are the only person talking sense on this board and obviously one of the only people who undertands the work involved.

The abuse solicitors get over fees for conveyancing is ridiculous.  Solicitors' charges for property work are now so low that there isn't much of a profit margin and to compensate for this a number of solicitors aren't reading the title correctly (if at all) or drafting the deeds, memorials etc correctly.  

The same people who moan about solicitors fees are quite happy to pay a massive fee to estate agents who, in this market, barely need to advertise a property to sell it.  Sorry for the rant but it bothers me.


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## ClubMan (9 Feb 2006)

Please keep the thread on topic and keep more general rants/observations to the _Letting Off Steam _forum (where applicable - e.g. users with 50+ posts and 1+ month registration).


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## Teapot (10 Feb 2006)

Of course you can sell without solicitors but you will not get a solicitor to admit to that!   When the vendor solicitor asks for the name of the solicitor that will be acting for you - say that you are doing the conveyancing yourself.   

You will then get a lot of pre contract enquiries from the vendor solicitor answer the ones you can and if some of the question relates to the vendor solicitor during research themselves say 'rely on your own searches'.  Actually most of the pre contract questions will be 'rely on your own searches!

The only draw back will be when you have to prepare a contract for exchange then you could ask a solicitor their advice on it  and you could use the same solicitor account to transferring the completions monies or set a special bank account in the names of the yourself and the vendor with the understanding that the money will not be touched until the completion is confirmed. 

Nothing to it – go for it  and good luck.


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## ClubMan (10 Feb 2006)

Teapot said:
			
		

> Of course you can sell without solicitors
> 
> ...
> 
> The only draw back will be when you have to prepare a contract for exchange then you could ask a solicitor their advice on it  and you could use the same solicitor account to transferring the completions monies or set a special bank account in the names of the yourself and the vendor with the understanding that the money will not be touched until the completion is confirmed.


Bit of a contradiction there, eh?


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## mf1 (10 Feb 2006)

"Nothing to it – go for it and good luck."

Terrific - of course all we do is change the names and addresses. 
Teapot is way off the mark. 

and as for: 

"you could use the same solicitor account to transferring the completions monies or set a special bank account in the names of the yourself and the vendor with the understanding that the money will not be touched until the completion is confirmed"

This is total tripe. No solicitor is going to have money coming through their account on this basis and any one who handed over large sums of money to a lay person handling their own sale without having their own solicitor jump through hoops, needs certifying.

mf


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## the digger (10 Feb 2006)

Teapot, 

Where on earth did you conjure up that bit of nonsense from?

'Cos if you believe that, I've a bridge in Brooklyn I'd like you to buy.


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## Teapot (10 Feb 2006)

You need not see a solicitor at all if you provide a contract and make the necessary amendments and deletions accordingly.  There is nothing to say that you cannot exchange and complete the same day therefore there is no need to make any special arrangement for the transferring the deposit monies.  It is done in the UK why not Ireland?   Make your self familiar with do it yourself conveyancing literature that is available it would be worth it in the end!

I expect that the other side solicitor would be very reluctant to deal with the seller doing his/her own conveyancing but if he/she would be acting for the buyer and would not have a say in the matter.  Think of the thousands that you would be saving.


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## ClubMan (10 Feb 2006)

Teapot said:
			
		

> It is done in the UK why not Ireland?



If it is then perhaps because they are different juristictions? Are you referring to their system of conveyancing brokerages (?) or something like that? I thought that that system never really took off and most people still use solicitors for conveyancing?


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## ramble (13 Feb 2006)

I think that your purchaser would find it very difficult to get a solicitor to act for them.  Too much potential for error.  If you want to save money think about selling without an estate agent; its a bigger saving and less risk.  A solicitor could help you out with this by holding the booking deposit and advising you about not getting into a binding agreement before contracts are exchanged.  Probate and conveyancing are not the same - in probate you are dealing with public servants who are trained to guide you through the process.  Doing your own conveyancing is also a big personal risk, you take personal responsiblity for any errors and if it goes pear shaped you could find yourself being sued.  Thats why solicitors have lots of insurance.


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## SarahMc (14 Feb 2006)

Thanks for all the replies, this turned into a very interesting thread!  Theres a lot more to it than I thought so I'm getting a solicitor.


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## Aimee (16 Feb 2006)

SarahMc said:
			
		

> Thanks for all the replies, this turned into a very interesting thread! Theres a lot more to it than I thought so I'm getting a solicitor.


 
Glad to see you've seen sense LOL   God above, what will this country be looking for next, a fully stocked shop with not a sinner in sight, just head on in and pick up yer requirements and leave the money at the door on the way out   Or better still, pick up your requirements and don't pay a bean    Only for there is a need for solicitors, why would they be here


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