We are finding that we are running into problems when buying or selling properties that could be prevented by a little bit of forward planning.
It is absolutely critical that you are ready to send out a contract for the sale of your property as soon as you agree a sale with the buyer.
As soon as you decide to sell your property it is vital that you consult with your Solicitor. We can help you in identifying any issues which may impact on the property’s potential for sale. We would also strongly advise that we meet with your selling agent at the outset to discuss any issues that they need to know about and visa versa.
There are a few things that we have come across recently that Sellers need to be aware of that could slow down or lose a sale:
Where are your title documents?
If you have a mortgage the bank will hold the deeds. It takes precious time to get them from the Bank – so, don’t wait; get them as soon as you decide to sell.
All development carried out on a property needs to be permitted.
It may be necessary to provide copies of any planning permissions and an opinion from an engineer that any works carried out complies with the planning laws or are exempt.
It is vital that any planning issues are dealt with when you decide to put the property on the market.
Planning issues can be a deal breaker especially, if the purchaser is getting a loan as non – compliance with planning permission could impact on the value of the bank’s security and result in the purchaser losing their finance.
Roads and Services and the Multi- Unit Development Act
It will be necessary to seek confirmation from the Local Authority as to whether the roads and services including water supply, sewers, lighting etc abutting the property are in the charge of the Local Authority.
In newer housing estates and apartment blocks a management company may have been set up to look after and maintain the common areas. Information about the Management Company such as accounts, insurance, details of any service charge levied will have to be readily available.
In most cases when a developer was selling houses in an estate it was agreed that ownership of the common areas would not be transferred to the management company until such time as the last house is sold. Given the current climate this could be never. In 2011 the Multi Unit Development Act sought to deal with this issue and required that in the case of existing housing estates all common areas be transferred to the Management Company by 1st October 2011. There are many housing estates around the country where this has not been complied with.
This could have the potential to delay (or lose) a sale if not addressed before a contract is issued.
In summary, therefore, it is critical in the current climate, that all potential problems are identified when someone decides to put any property on the market for sale.
The early bird catches the worm – acting early will save time in the long run and help make sure that when a buyer is found the transaction can be brought to a successful conclusion as quickly as possible and without meeting any unexpected hurdles along the way.
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The material contained in this blog is provided for general information purposes only and does not http://email@example.com/amount to legal or other professional advice. While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.