Buying problems - have deposit on house since Christmas and having some problems

horse7 said:
Pretty sure our solicitor will be checking the registration of the owners.
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Try get that clarified asap with your solicitor. Is this a family home or ex-rental? The messing around makes it seem that it might be an ex-rental.
Id be a bit concerned that one party is trying to off load it without other persons knowledge. If its a rental it may be just in one of their names.

Are the deeds available? If with a lender that can take a few weeks. Get your solicitor to find out.
 
dubdub123 said:
If its a rental it may be just in one of their names.
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It's common enough for property of married couples to be in a single name as lots of people acquire property pre-marriage but rarely go to the hassle and expense of updating title after marriage. With that, just checking registered ownership isn't enough to confirm that the provisions of the Family Home Protection or Family Law Acts don't apply. The vendors will need to provide that
 
Leo said:
It's common enough for property of married couples to be in a single name as lots of people acquire property pre-marriage but rarely go to the hassle and expense of updating title after marriage. With that, just checking registered ownership isn't enough to confirm that the provisions of the Family Home Protection or Family Law Acts don't apply. The vendors will need to provide that
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So true. It's crazy to think that people may spend tens of thousands of euro on a wedding, but overlook spending a relatively small amount on updating title.

OP mentioned that they are a cash buyer and that property is priced much lower than others in area.

Is there anything additional that a solicitor would need to furnish to a lender that is not necessary when its a cash sale?

How is a potential purchaser supposed to ensure that theres no Family Law issue?

Myself and ex completed Transfer of Equity ( I bought ex out of house). So when I went to sell the deeds had been updated to reflect my name only. Lender requested copy of divorce (i redacted some info) and solicitor letter to confim payment had been made to ex and that they had no claim on house.
 
dubdub123 said:
So true. It's crazy to think that people may spend tens of thousands of euro on a wedding, but overlook spending a relatively small amount on updating title.
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Well I can understand it as it will cost a chunk of cash at a time of considerable expense for no additional protection.

dubdub123 said:
How is a potential purchaser supposed to ensure that theres no Family Law issue?
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Simple, two names on the deeds, both required to sign contracts, if only one person's name is on the deeds then seek a Family Home Declaration.
 
Leo said:
Well I can understand it as it will cost a chunk of cash at a time of considerable expense for no additional protection.


Simple, two names on the deeds, both required to sign contracts, if only one person's name is on the deeds then seek a Family Home Declaration.
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In some sutuations its very important to get the title updated, particularly in situations of self builds in rural Ireland. I know of one person who found after years after building and living in their home with husband and kids, that the land was still in her in-laws names.. id say that wouldn't be an isolated case.

OP needs to speak with solicitor to clarify situation. LPT situation is not sitting right. All these being good, its a quick fix for seller to deal with. Family Home declaration is a good idea. In my situation, it wasnt required but my lender for current home required copy of divorce and confirmation that moneys were paid.
 
dubdub123 said:
In some sutuations its very important to get the title updated, particularly in situations of self builds in rural Ireland. I know of one person who found after years after building and living in their home with husband and kids, that the land was still in her in-laws names.. id say that wouldn't be an isolated case.
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But how does that override the provisions in the Family Home Protection Act?
 
Leo said:
That's a completely different scenario unless you're suggesting this lady is married to her father?
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I said its important in some situations. I never said these were the same scenario. I don't concur with the statement that it offers no additional protection, when in some cases, if people overlook updating title, there may be negative consequences.
 
horse7 said:
I don't know if I can post links, but there also a concern about the NPPR exemption certificate, does anyone know of the procedure ? https://www.boards.ie/discussion/2057413200/nppr-exemption-cert-to-sell-house
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I had to obtain this last year in advance of close of sale.

The account holder can email npprrequests@esb.ie to request table of readings, specifying name, address and MPRN.

There was a form I downloaded from county Council site to apply for NPPR.

I had been paying LPT via payroll.
I had to pay the full year LPT on revenue site and they refunded me what had been paid via payroll.

As part of sale of house, purchasers solicitor refunded some of this based on date of sale.

While the house price had increased over time, I wasnt charged anything additional.

Just send everything to county council and it was issued fairly quickly. I think I got a letter from a neighbour as well to say i was living in the house over those years.
 
dubdub123 said:
I said its important in some situations.
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You were clearly talking about marriage when you said:
dubdub123 said:
So true. It's crazy to think that people may spend tens of thousands of euro on a wedding, but overlook spending a relatively small amount on updating title.
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I've asked that you clarify what additional protection that gives you over the above legislation that makes you think people who don't update the records are crazy.
 
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