Residential Property

Conveyancing is the legal process for transferring property from seller to purchaser.

At O'Donnell McKenna we understand that the purchase or sale of a house or apartment is often the biggest financial transaction to date in a client's life. We guarantee all clients that any conveyancing transaction will be handled by a qualified solicitor who will personally ensure that the transaction is dealt with professionally and efficiently. We do not give your file to administrative or secretarial staff.

Have a look at our checklist to buying residential property below. It’s not exhaustive and there are other things to consider but we’re there to help you all along the way.

• What are you buying?
• Why? Investment or Home?
• Are you a first time buyer?
• Is stamp duty applicable?
• Is it new or second hand?
• How is it serviced for water?
• Do the services cross third party lands?
• Can you connect to the mains or group scheme?
• Is there a public sewer or septic tank?
• Is the septic tank contained within the boundaries?
• Is an easement required from a neighbour for the septic tank?
• What access do you have?
• Are vision lines achievable and within your control?
• Are the mapped boundaries in accordance with the boundaries on the ground?
• Are there any disputes with neighbours?
• Are there any agreements to maintain common boundaries?
• Are there any major developments in planning?
• How are you paying for it?
• Are you funding it from a leveraged equity release?
• What conditions are your mortgage company imposing?
• Can you comply? •Have you paid a booking deposit?
• Is the booking deposit refundable?
• What special conditions are in the contract?
• Have you insured it? You should insure it as soon as you sign contracts!!

If new:

• Is it homebonded?
• Is there a structural defects guarantee?
• Is it built in compliance with planning permission
• Are all development charges paid?
• Do you require a floor area certificate?
• Is it in an estate?
• How is the estate managed?

If second-hand:

• Will you get an architect or engineer to survey it for structural defects? (You SHOULD!!!)
• Who is an architect and who is an engineer?
• Is your friend the builder ok to do the job?
• Are you entitled to any of the guarantees given to the previous owner?
• Is the vendor entitled to sell it or are there restrictions in his planning permission?
• What tax is payable if you sell it?
• Is tax payable if you live in it?
• What if you live in it for part of the time?
• Can you extend it?
• Will you need planning permission for the extension?
• Is the extension there already compliant with planning laws?
• What’s involved in building your own house?
• Is stamp duty payable on the site?
• If you receive a site as a gift are there any tax implications?
• Are you going to rent out the house?
• Do you know you have to register all tenancies with the Private Residential tenancies Board?
• What about if you rent a room?
• Does that tenancy have to be registered?
• When can you close the sale?
• What should you do in advance of the sale closing?
• What should you not do?
• Can you leave the house to somebody in your will?
• What are the implications of purchasing with your partner?
• What happens if one of you dies?
• Is it advisable to have a partnership agreement?

Please call us for an appointment if you’re buying or selling residential property. We will deal with you professionally, confidentially and efficiently. We look forward to hearing from you.