There are two ways to sell a house – by private treaty or auction.
No matter what method you choose, it is essential that you notify your solicitor of your plans to sell the house so that he may prepare the title documents and the contract for sale.
Do You Have a Mortgage?
If your house has a mortgage on it, you will need to give authorisation to your solicitor to take up the title deeds from the lending institution. It is important to do this as early as possible to allow the solicitor to draft contracts. This can be a possible source of delay. If you do not have a mortgage, you will have to locate your title deeds and hand them over to your solicitor.
Selling the Family Home
If you are selling your family home, even if it is in only one of the spouse’s names the consent of the other spouse is required. This is required under the Family Home Protection Act 1976. If both names are on the deeds, both signatures are required. On completion of the sale of the Family home both spouses will have to sign a Family Home Declaration. You will also have to produce a copy of your State Marriage Certificate.
Buying and Selling at the same time
It is very important to consult your solicitor in this area, as they will have experience in such matters. You may want to sign the contract for the purchase of the new house contingent on the sale of your old house going through. It is not essential that both closings be on the same day.
Costs of selling a house
The two main costs of selling a house will be the auctioneer’s fees and the solicitor’s fees. They are well worth paying as they both will have had experience in the area and will know the procedure well.
Organise all your paperwork
If your property has a separate septic tank, make sure it is registered. Ensure that any rights of ways are correctly shown on your property and all planning permissions and building certificates are to hand for alterations and extensions. Any house built since the 1st October 1964 requires planning permission. Your solicitor will need to make sure that the planning documentation is in order. This can include an architect’s certificate stating that the conditions of the planning regulations have been complied with. If there has been any development on the property since you purchased it, a similar approval will be required. Carry out a Building Energy Rating Assessment. If you're selling a second house, make sure your NPPR (tax for second homes that preceded property tax) is paid up to date and that your property tax is up to date. Ensure all household charges and water charges have been discharged. You will need receipts and certificates for these taxes and charges.
If you have a tenant on your property, ensure that you serve him/her with a valid notice of termination of tenancy and afford them sufficient time, as per their legal entitlements, to vacate the property. In some cases, the tenant will be staying and it is important to hand over the tenant’s deposit, confirmation that the tenancy has been registered with the PRTB, any apportionment of rent etc.