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You must instruct a conveyancing solicitor if you buy a property with a mortgage in Ireland. It is a common requirement stipulated by mortgage lenders.

Buying with a mortgage? You’ll need a solicitor

We understand that buying a property is expensive. You might be looking for ways to save money. There are lots of costs that you simply cannot avoid, whether it’s Stamp Duty or a professional valuation. This might lead you to wonder whether you can save on legal fees. Are you even allowed to buy property in Ireland without a solicitor? Is DIY conveyancing a thing?

It depends. Most people buy a property with the help of a mortgage. If this applies to you, then your lender will likely require that you use a solicitor to handle the conveyancing side of things. In other words, it’s probably mandatory that you have a solicitor and you will not be allowed to continue without one.

Money well spent

In any event, conveyancing fees are not something that you should be looking to cut back on. Having an experienced conveyancing solicitor on your side is money well spent. After all, a property is a big investment: you want to be sure that you get it right.

In Ireland, this advice is especially pertinent, as property is bought on the basis of ‘buyer beware’. This means that the property is sold ‘as is’. The seller is not obliged to disclose any defects or issues. Instead, it is the buyer’s job to uncover them. This is where DIY conveyancers can really come unstuck.

Protecting your interests

When you instruct a conveyancing solicitor, you are hiring a legal expert whose job is to protect your best interests. They do things like carry out searches to ensure the property is safe and secure. They also check the title to make sure there aren’t any restrictions, rights of way or covenants that you don’t already know about.

And, of course, your solicitor handles all the legalities of the transaction. This includes drawing up the contracts, transferring funds to the seller, recording your purchase with the Land Registry and managing the payment of Stamp Duty Land Tax.

These are all things that the ordinary lay person might struggle with. Mistakes can be particularly costly when buying a property, so trying to save on legal fees might turn out to be a false economy.

Do I need a solicitor when buying property Ireland?

In conclusion, you cannot buy a property without a solicitor if you are buying with the help of a mortgage. These rules are in place to protect you, and to minimise the risk of mistakes being made.

If you are buying property in Ireland from abroad, then you will need your own conveyancing solicitor based in the State. We have a whole blog post on this topic: Buying Property in Ireland as a Non-Resident.

Looking for a conveyancing solicitor in Ireland?

Our property solicitors are highly experienced and deal with all aspects of both residential and commercial property law, including:

  • Buying and selling residential property
  • Buying and selling commercial property
  • Buying and selling property at auction
  • Re-mortgaging
  • Agricultural property
  • Transfer of equity
  • Equity release schemes
  • Property leases

Call us on 051 391 488 or email reception@mullinstreacy.ie for a no obligation enquiry. We are client focused and results driven.

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