FINDING THE RIGHT SOLICITOR
Take the recommendation of a friend who found their solicitor to be efficient and helpful when buying their house. How long did the process take? Did they run into any problems? Were they kept informed? Did they have an understanding in writing relating to fees, costs, etc.? did the fees exceed those agreed? You can then approach a solicitor on this basis, tell him who made the recommendation and why; he may give you equally good service!
You need not opt for your "family" solicitor; he may take your goodwill for granted and act without special care or attention to your case. Of course, the opposite may also be true; your priority is an efficient not just a friendly service.

FEES/CONTRACTS
Discuss the fees on your fist visit. It is normal to request a written agreement or letter from your solicitor detailing the services he/she will provide, and an outline of the charges that may be expected, allowing for unforeseen charges. If you are satisfied with what's agreed verbally, ask the solicitor to put in writing an outline of services and fees discussed. Failing this, write your understanding of the agreement in a letter and send a copy to the solicitor by registered post, so there is no misunderstanding later. There are standard fees recommended by the Law Society, but with so many solicitors and the resultant competition it is always possible to negotiate a special rate. The Law Society recommendations are:

(a) 1.5% of the purchase price, (b) "Outlay" costs of approx. £100, (c) VAT on a and b. Some solicitors charge less than the "recommended" rates, and if you look around you'll find one who will do the work for 1% of the purchase price. If the purchase price is particularly high it is easier to negotiate a reduced commission.

SOLICITOR'S COSTS
In addition to his fees your solicitor must pay different Government, Legal and Registration costs on your behalf, mostly related to the Land Registry or the Registry of Deeds. Searches average £50-£75; Commissioners Fees £10.50; Copy Folios/Maps £9.00; Land Registry (Max.) £250; Memorials (Purchase and Mortgage Deed registration costs) £42; Building Society Fee for Registration of title £50-£150 + Vat.

The term "outlay" is used to cover office costs such as stationery, postage, faxing and photocopying and insurance relating to your file (also known as "disbursements"). On a purchase of a property worth (£40,000), the solicitor's fee is (£400-£600). In addition there will be costs and charges, e.g. memorials, searches, land registry fees, etc., which the solicitor must pay on your behalf.

ADDITIONAL CHARGES
Most solicitors offer an efficient, professional service. A solicitor will sometimes claim fees over and above the standard rates, quoting difficulties or unforeseen problems with title deeds or the contract. Clarify with the solicitor from the outset what will or will not be included in his services and that should unforeseen matters arise that might involve further costs that you be notified immediately.

Additional charges are justified in certain cases such as very old properties with unclear title, missing deeds, problems with rights of way, sitting tenants, etc. But most houses built in the past (30) years are registered, freehold houses with clear maps and title deeds and present the solicitor with few such problems. They may, however, involve problems in the area of planning, like unauthorised extensions to the property, difficulties arising out of the Family Home Protection Act, etc. Again, clarify the services in advance. When you are satisfied, the vendor's solicitor can be contacted and the purchase of the house can begin.

THE CONVEYANCING PROCESS
After the purchaser and vendor exchange the names of their solicitors through the auctioneer, the process begins as follows:

1. The auctioneer furnishes a sales letter to both solicitors giving details of the sale, i.e. the property, the purchase price, what contents are included, the booking deposit paid and conditions of acceptance.
2. Solicitor examines contract and details of the Title Deeds.
3. Solicitor makes enquiries, e.g. he raises Objections and Requisitions on Title and pursues the replies, and should there be any difficulty raises what are called Rejoinders on Title.
4. If satisfied, you sign the contract and pay a balance of the deposit paid.
5. Your solicitor draws up Conveyance and Mortgage Deeds.
6. The vendor signs the Deeds.
7. The lending institution sends money to your solicitor.
8. You supply any balance required.
9. Your solicitor carries out searches and completion.
10. Your solicitor gives the vendor's solicitor the amount outstanding.
11. In return you receive the Deeds and the keys.
12. Both the Purchase and Mortgage Deeds are submitted for government stamping.
13.The Deeds of Title, when stamped, are submitted for registration. If dealing with a commercial bank, resultant Certificate of Title is furnished to the bank involved, with the title deeds. If dealing with a Building Society the solicitor must ' certify title' and hand over the deeds to the lending institution involved.

TERMS OF CONTRACT
The vendor's solicitor will send your solicitor a copy of the Contract along with the Title Documents. The contract outlines the terms under which the house is being sold, the price, if it's freehold or leasehold, if it's being sold with or without furniture, etc. Acquiring the Title Deeds is not always a straightforward process. The Deeds may not be with the vendor's solicitor but with his Building Society or with solicitors in another region, who may be slow or reluctant to release them. So the waiting process begins, in which everything seems to take at least a week, and it may be many months before you can settle in your new home.

PRELIMINARY ENQUIRIES
Your solicitor may conduct a series of Pre-Contract Enquiries seeking further information by sending the vendor's solicitor a form requesting details on access to the property, drainage, water supply, fixtures and fittings, walls and fences, restrictions on use, defects or disputes relating to the property, when the vendor may give vacant possession. He/she will be particularly interested in items relating to planning permission, which has become the big "problem area" in recent years. In situations where there are no glaring defects in the title furnished, the solicitor may recommend that the title seems in order, subject to satisfactory replies to Objections and Requisitions To Title, and will recommend that the purchaser sign the contract.

LOCAL SEARCH
The local planning authorities may be approached to check that: the property is in compliance with planning laws; that any extensions or additions made to the original structure received full approval; whether the house may become subject to any compulsory purchasing order; if the house will be affected by any road-widening scheme or civic work scheduled for the area. This search may already have been conducted by your surveyor. Before the sale is completed a search is conducted to establish that: the seller has not sold the house to someone else; that the vendor is not bankrupt; that there are judgments registered against him; that there are no mortgages or other charges registered against him or the property.

This confirms the vendor's title to the property and ensures he has a legal right to sell it.

CLEAR TITLE
While the Title Deeds to a piece of registered land/property may be clear and unequivocal, the Title Deeds to a piece of unregistered land may include: Wills going back over 100 years or more, or missing wills; Deeds of Trust and Deeds of Family Settlement; Missing maps of the land; Missing records of previous transactions. Some old estates include legal documents that may be complex and difficult to interpret. The Title Deeds are checked to make certain that the vendor is the rightful owner and is entitled to sell it. One is required to show a title going back at least 40 years to be acceptable. In certain instances there may be threats of charges, covenants or encumbrances against the property title.

The term "unregistered" refers to property not registered with the Land Registry. The property may however be registered with the Registry of Deeds in Dublin. Whichever is the case, your solicitor must ensure that the title is "good and marketable". Even where a property may contain all or any of the complications listed, it may still be perfectly good and marketable provided the appropriate remedial action has been taken down through the years. In the case of an apartment or town-house development, the Deeds may amount to a Book of Title, including a lengthy contract for the buyer, with rules governing the use of common areas, exterior decoration, parking, refuse, etc., which you will be asked to read and sign. If the terms are unsatisfactory, changes are inserted and returned to the vendor's solicitor for the vendor's approval. If the terms are satisfactory your solicitor approves, signs and returns it and instructs the lending agency to forward their cheque. He then draws up the Conveyance and Mortgage Deeds.

DEPOSITS
You will now be asked to sign the contract and pay a sum which, combined with the booking deposit already paid to the auctioneer, will represent 10% of the purchase price. If you renege on the deal having signed contracts you will lose your 10% deposit and face the possibility of a court action to enforce the sale.

Likewise when the vendor has signed, but then tries to withdraw from the sale, you are in a position to attempt to compel him to complete the sale.

CLOSING THE SALE
On the day scheduled for closing the sale, your solicitor calls to the office of the vendor's solicitor (or the Building Society office) to complete the transactions: The signed Deeds are exchanged; The Title Deeds are given to the Lending Institution's representative; He in turn hands your solicitor a cheque for the amount borrowed; Your solicitor gives the vendor's solicitor the amount outstanding; He retains the excess you may have borrowed for furnishings, fees, stamp duties, etc.

You are not obliged to attend this meeting and the closing date for a house purchase is approx. 5 weeks from signing of contracts.

AFTER COMPLETION
The Title Deeds and Mortgage Deeds are now: Submitted for stamping by the Revenue Commissioners; Lodged for registration with the Land Registry or the Registry of Deeds; finally, the Deeds are sent to your lending institution where they remain until the mortgage is paid off. Now all you do is move in.

INVESTIGATING COMPLAINTS
The Incorporated Law Society of Ireland is the governing body controlling all solicitors practising in the Republic of Ireland. Every solicitor must observe high professional standards. If you feel your solicitor has failed to comply with these standards you should first raise your difficulties with him/her, either by meeting directly or by correspondence. If you do not receive an adequate explanation or redress, then the Law Society will investigate any complaint made by you. Here are some examples which the Law Society can investigate: Delay in answering your letters or enquiries; Delay in dealing with your case; Failure to deal with your money properly; Acting in the same case for you and for others where your interests are in conflict with theirs; Overcharging; Dishonesty or deception.

The Complaints Department will endeavour to sort the matter out directly with your solicitor, and some 85% of all complaints received by the Society are solved at this level. Before making any complaint you must consider whether you have given your solicitor clear instructions, or whether you have complained to your solicitor directly. If you still believe your complaint is valid, then write to: The Director General, The Incorporated Law Society of Ireland, Blackhall Place, Dublin 7

TYPES OF OWNERSHIP
The ownership or possession of land (and property) may be either Freehold or Leasehold as follows: Freehold possession means that the land and everything on it, above it, and below it, belong for ever to the owner. Some Freeholds, however, contain "restrictive covenants" that limit the rights of the owner.

Leasehold possession is based on the notion that the freehold owner, owning the property forever, is then in a position to grant possession of the property for a limited period of time which is set down in the Lease Document. This lease will have been granted originally for a certain term, and you will be purchasing the right of possession to that property for the remainder of that term.

The lease document will contain certain covenants and conditions with which the Lessee must comply. These will include the payment of rent, and usually covenants to insure the property, not to use the property for commercial purposes, etc.

At the end of this time the land (including the property) reverts back to the original owner. In the meantime the owners pay "ground rent" on an annual basis.

Most new houses are now sold on a freehold basis. Most modern flats or apartments (and some townhouses) are sold on a leasehold basis.

JOINT OWNERSHIP
In the case of a married couple, joint ownership ensures that if one partner dies, the surviving partner automatically inherits the property. But the joint owners need not be married, friends can jointly invest in a property and purchase as 'tenants in common'. The property passes automatically to the joint tenant upon the death of one or other of them. A contract outlining the agreement and foreseeing difficulties must be drawn up in advance, covering: The proportion of shares involved; Agreements on privacy, room-usage, shared responsibility of maintenance activities; the sharing of running costs; planning for and sharing maintenance costs; the notice required if one party decides to sell their share; the basis for calculating a fair price if the other partner wishes to buy; what happens where partners separate?

SHARED OWNERSHIP
shared ownership is new to this country. It occurs in association with the local County Council or Corporation, where you take out a mortgage on half the property, and pay rent to the council on the other half. The scheme is still in its experimental stages, but appears to be going well. Contact your local County Council or Corporation for details.

GROUND RENT
The 1978 Landlord and Tenant Act legally abolished Ground Rent on new residential properties. The Act created a scheme for home owners to buy out their ground rents, with or without the landlord's consent. This is also termed "Buying Out The Freehold".