Solicitors, Estate Agents and Others

There are a number of professionals who play important roles on your journey to buying a home.

It's helpful to know what you can and can't expect from each of them throughout the process.

Your solicitor will make sure that the property you are buying has no historic legal and title issues with it that might impact your ownership of it.

They will find out everything they can about the property through public registry searches. This will include title searches and planning searches (if requested), and they might identify issues that need to be addressed before the sale can be completed.

Your solicitor will also act as the go-between in the transfer of funds between you and the seller, and should ensure all payments are made in a timely and secure manner.

If there are charges discovered against the property prior to closing, your solicitor will make sure the amounts owing are addressed by the seller.

Once you have bought the home, your solicitor will pay the Stamp Duty to Revenue, that the property's registration is completed (if applicable) and also make sure that the purchase deed is stamped by Revenue and that the title deed is lodged with Tailte Éireann (if applicable).

You can use the Law Society's website to find a solicitor.

If you want to make a complaint about your solicitor, you should visit the website of the Legal Service Regulatory Authority (LSRA).

The estate agent works on behalf of the owner or seller of the property.

They will actively market the property, arrange to show it to potential buyers, and be the main point of contact for those looking to bid on the home.

The estate agent is required by law to inform their client of all offers made on the property. It is at the seller’s discretion to accept an offer, which may not in some cases be the highest offer. Once an offer is accepted by the seller, the estate agent will then seek a booking deposit.

Once this has been paid, active marketing of the property will stop, but it may remain on advertising platforms and the seller is still allowed to receive additional bids. The estate agent will update their website to indicate the status of the property as “sale agreed”.

If another buyer makes an offer on the property during this period the estate agent must inform the seller, and it is up to the seller to accept this offer or not.

The estate agent will tell the seller's solicitor once an offer has been accepted, and put the solicitor in touch with the buyer's solicitor.

If the sale falls through before binding documents (i.e. the contract) are signed and exchanged, the booking deposit is fully refundable by the estate agent.

If you feel you need to make a complaint about an estate agent, and to learn more about that process, you should visit the website of the Property Services Regulatory Authority.

Some buyers find the buying process very stressful or may not have time to visit estate agents or check and visit the availability of properties on different property portals. Those buyers can choose to appoint a buyer’s agent to source and advise them on property sales. As property in Ireland is sold as ‘Buyer Beware’ (Caveat Emptor), a buyer’s agent may help with asking the pertinent questions to help find a very suitable property. It is important to note that if you use this service you will need to pay the buyer’s agent a fee. You will be required to sign a legal Terms of Engagement up with front with a buyer’s agent stating terms conditions and fees of the appointment.

The person selling the property should not mislead the buyer or act fraudulently but, short of this, it is up to the buyer to make sure the home is free from defect.

It is generally good practice for the buyer to hire a building surveyor (or other relevant professional (see below) to carry out a building condition survey and satisfy themselves that the property is sound and fit for purpose.

The building condition survey can identify defects in the building and report these back to the buyer while also outlining recommendations.

A building condition survey can be carried out by various professionals but it is very important that the professional you do engage is experienced and competent to do so. A full list of building surveyors is available at the Society of Chartered Surveyors Ireland (SCSI) website.

A full list of engineers is available on the Engineers Ireland website.

If you have concerns about the behaviour of a registered surveyor you can make a complaint to the SCSI or, in the case of a chartered engineer the complaint should be directed to Engineers Ireland.

You can apply directly to lenders for a mortgage or use a broker. A mortgage broker acts as an intermediary between the buyer and the lending institution.They will provide you with advice and will handle the paperwork on your behalf.

Some brokers charge a fee for mortgage advice or to arrange your mortgage application. The fee may be based on a percentage of the mortgage amount or charged at a flat rate. However, many online brokers are free because they get a commission from the lender so do not pass on charges to the borrower.

It may be worth checking how brokers are paid and if any lender provides a higher commission than others.

You can also view and compare all of the mortgages available in the Irish market using the CCPC mortgage Mortgage Tool . These include fixed and variable rate mortgages and all of the different interest rates and mortgage terms available. However, you may want to get financial advice.

The Competition and Consumer Protection Commission (CCPC) has information about the different types of financial advisers that are available, as well as the questions to ask and steps to take when shopping around for financial advice.