Selling investment house without a solicitor

K

kilnageer

Guest
Hi.

I couldn't find an answer when I searched. Sorry if my question has already been answered.

I'm selling a house to my sister. There are no mortgages involved so I thought I would just pay the CGT and submit whatever forms the Land Registry require myself - saving the cost and hassle of a solicitor.

Unfortunately, I was at the Land Registry today and they said that the Deed of Transfer will need to be stamped by the revenue.

Does this mean I pay the CGT upfront?

I'm now thinking I'm best getting a solicitor as the procedure required is not clear form the Land Registry site nor the Revenue web site.

Any advice before I fork out 2000 euros to a solicitor and then endure a 3 month wait would be appreciated.
 
If there are no mortgages involved then you can sell and transfer to your sister without a solicitor. You just need to draft the contracts, answer objections and requisitions on title, make sure the title you offer to your sister is in order, as is the planning and building regulations, ensure all taxable events are covered by way of clearance or payment of the relevant tax, draft the closing documents, the transfer deed and give them to your sister. Then she needs to obtain searches, make sure they are clear, stamp and register the deed. Oh and it had better all be done right cause if she ever needs to mortgage the property or resell it chances are the next purchaser or their bank will be making sure all the title and documents are in order other wise they will not buy or give a mortgage. So if you think you can do it there should be no problem.
 
Hi Vanilla. Thanks for the useful reply but after discussing things with another sister I think I will engage a solicitor. Best Regards.
 
Vanilla said:
If there are no mortgages involved then you can sell and transfer to your sister without a solicitor. You just need to draft the contracts, answer objections and requisitions on title, make sure the title you offer to your sister is in order, as is the planning and building regulations, ensure all taxable events are covered by way of clearance or payment of the relevant tax, draft the closing documents, the transfer deed and give them to your sister. Then she needs to obtain searches, make sure they are clear, stamp and register the deed. Oh and it had better all be done right cause if she ever needs to mortgage the property or resell it chances are the next purchaser or their bank will be making sure all the title and documents are in order other wise they will not buy or give a mortgage. So if you think you can do it there should be no problem.
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You had me there for a sec!
 
Vanilla said:
If there are no mortgages involved then you can sell and transfer to your sister without a solicitor. You just need to draft the contracts, answer objections and requisitions on title, make sure the title you offer to your sister is in order, as is the planning and building regulations, ensure all taxable events are covered by way of clearance or payment of the relevant tax, draft the closing documents, the transfer deed and give them to your sister. Then she needs to obtain searches, make sure they are clear, stamp and register the deed. Oh and it had better all be done right cause if she ever needs to mortgage the property or resell it chances are the next purchaser or their bank will be making sure all the title and documents are in order other wise they will not buy or give a mortgage. So if you think you can do it there should be no problem.
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Had I known thats all you had to do I wouldn't have bothered getting a solicitor.;)
 
In many countries, it is fairly common to do simple transactions, such as a straight forward conveyancing, without the need to use a solicitor. The Competition Authority, I believe it was, identified the conveyancing process here in Ireland as being wide open to solrs ripping off consumers, but, as usual with these reports, little was ever done about it
 
Just a thought, but if you are selling to your sister, I think she will still have to pay stamp duty, Solicitor or not ( edited. Sorry I missed that in the previous post)
 
kilnageer said:
Hi.

I couldn't find an answer when I searched. Sorry if my question has already been answered.

I'm selling a house to my sister. There are no mortgages involved so I thought I would just pay the CGT and submit whatever forms the Land Registry require myself - saving the cost and hassle of a solicitor.

Unfortunately, I was at the Land Registry today and they said that the Deed of Transfer will need to be stamped by the revenue.

Does this mean I pay the CGT upfront?

I'm now thinking I'm best getting a solicitor as the procedure required is not clear form the Land Registry site nor the Revenue web site.

Any advice before I fork out 2000 euros to a solicitor and then endure a 3 month wait would be appreciated.
Click to expand...

It may well cost you over €2,000 when you take into consideration VAT and the Land Registry fees but I don't know where you are getting the 3 month wait from?
 
Vanilla said:
Any chance of a link to this conclusion?
Click to expand...
Reports like [broken link removed] conclude that the Irish system of conveyancing leads to higher prices for this service than would be the case if non-solicitors specialist conveyancers were regulated. They also note that the law society is opposed to the introduction of specialist conveyancers.
 
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