Key Post: Why is a solicitor required when buying a house?

[Marion]

Is a solicitor required when buying a house and if so why?

 

[ClubMan]

Re: solicitors

In general yes - to take care of the legal conveyancing issues. See for more info.

 

[N0elC]

Re: solicitors

In general they are, unfortunately.

The Competition Authority's report on the professions singled out conveyancing in Ireland as an area where more transparency and competition is needed in the public interest. Full details of the report are [broken link removed]Stories still abound of solicitors charging €1,000, plus incidentals, plus VAT. Outrageous !

The CA specifically recommended, to bring down conveyancing costs, that fee advertising,and trained conveyancing agents who would not be solicitors, should be allowed.

As you will need a solicitor, I would recommend that you use Dermot Deane in Dublin. His fees, until recently anyway, were €700 plus VAT. He is very efficient, if a little direct in his approach ! His number is 01 231 4600. Don’t be afraid to shop around for a quote.

Hope this helps.

 

[mf]

Re: solicitors

Just for the sake of balance..... and given our last contributors well known views on the evils of the legal profession.....
You do not need a solicitor to buy a property. Of course you can do it yourself. You will just make a complete hash of it, you are unlikely to ever be able to sell it and in the long term you are wasting your time. If you are getting a mortgage, your lending institiution will insist on you using a solicitor or else they will not lend to you. They want their security and they want it right.

And there is so much competition on price out there, you will probably find someone who will pay you for the privilege of doing the work, taking all the responsibility and lining themselves up for a negligence action if they get it wrong. And funnily enough, even though the clients want cheap work, they don't want cheap cover if it goes wrong. Funny that.

Don't go on price. Go on recommendation from someone you trust.

mf

 

[N0elC]

Re: solicitors

Hi mf,

Just for the sake of balance..... and given our last contributors well known views on the evils of the legal profession.....

Just for the sake of balance, you could have identified yourself as a practicing solicitor, with a vested interest in protecting the status quo.

My comments were on the lack of competition in conveyancing rather than what you describe as "the evils of the legal profession".

If the legal profession didn't object to the competition brought on by fees advertising, and fully qualified Conveyancing Agents as exist in other jurisdictions, then I can't see how there would be a problem.

You do not need a solicitor to buy a property.

True ! You should be able to do it though a fully qualified conveyancing agent as recommended by the CA's report.

Of course you can do it yourself. You will just make a complete hash of it

Not necessarily.

Solicitors on the other side are unlikely to want to deal with you, as you are not insured by the Law Society insurance, which is, unsurprisingly, only available to members of the closed shop in the Law Society. No other indemnity insurance is acceptable. Yet another barrier to competition. :rolleyes

And there is so much competition on price out there, you will probably find someone who will pay you for the privilege of doing the work, taking all the responsibility and lining themselves up for a negligence action if they get it wrong.

Can you cite some evidence for this ? I can't say I've ever heard of a free conveyancing offer, or one where the solicitor pays for the privilige.

And funnily enough, even though the clients want cheap work, they don't want cheap cover if it goes wrong. Funny that.

If your solicitor is negligent in his activities, he is covered by a professional bond from the Law Soc.

All Irish solicitors are trained up to a similar standard in conveyancing, and as such, I think it's a false equate to consistently equate price with quality of service.

I do, however, agree with your recommendation to use someone you trust. Many people, before buying a house, do not have access to a solicitor, so this may be difficult. The solictor recommended in AAM's is Dermot Deane.

He manages to combine good service, with low fees. Why can't others ?

 

[ClubMan]

Re: solicitors

Just for the sake of balance, you could have identified yourself as a practicing solicitor, with a vested interest in protecting the status quo.

I think that's a bit unfair. mf is a regular enough contributor for most people to know that s/he is a solicitor or otherwise involved in the legal profession.

 

[N0elC]

Re: solicitors

Hi Clubman,

I felt that I was attacked for my "well known views on the evils of the legal profession", and responded is all !

If mf can dish it out, s/he needs to take it too !

 

[Tommy]

Re: solicitors

Noel,

I'm not a solicitor, nor do I have any direct interest whatsoever in their line of business, but I do think you're trying to have it both ways when you bemoan the alleged lack of competition in the sector while at the same time you are able to recommend someone whom you say offers particularly good value!

Surely the existence of low-cost operators is, of itself, evidence of competition??

 

[Dowee]

Re: solicitors

Of course you can do it yourself. You will just make a complete hash of it

..so instead you can hire a solicitor to make a hash of it for you and then charge you through the nose for it. I have had two experiences regarding mortgages/property dealings with solicitors and both have been disasters. The latest was today where after me taking time off work he shows up 25 minutes late and only then starts reading my documentation which he should have been familiar with. Of course issues arise because he doesn't have the correct documents for me to sign and so I have to go back next week. I know this is just one example but, I've not come across too many people who can say at the end of a house purchase, "my solicitor was great".