What does a solicitor actually do when you buy a house?
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Short answer
Your solicitor checks that you can safely buy the property from a legal point of view and then makes the purchase happen: verifying your identity and funds, reviewing your loan offer, investigating the seller's title, raising queries on planning, boundaries and rights of way, getting you to sign only when the contract is in order, drawing down the mortgage, carrying out final searches, transferring the funds, and after completion stamping the deed and registering you as owner.
Before contracts
Onboarding. Verifying your identity and address, checking proof of funds and setting up your case. At Jacob Law LLP this includes creating your client portal profile and assigning a case manager who supports you while the solicitor handles the legal work. Where a purchase is funded in cash, the source of funds must be established and documented to the legal standard before completion.
The Sales Advice Notice and your loan offer. Both are reviewed for onerous conditions. Every term of the loan approval is examined, and anything burdensome is flagged to you with a recommendation.
Title investigation. When the seller’s solicitor issues the contract package, the solicitor examines the ownership and title, the Land Registry folio and filed plan, rights of way and access, any mortgages or charges, planning and building matters, boundaries, services, apartment management-company documents where relevant, and any special conditions in the contract.
Pre-contract enquiries. Questions raised with the seller’s side about anything the investigation turns up: planning, boundaries, rights of way, extensions or alterations, missing documents, title, or management-company matters. Where a property needs protection the contract does not give, a special condition is negotiated; in one recent case a clause requiring a tenanted house to be vacant at completion, with the right to walk away and recover the deposit if it was not.
Signing to completion
Signing. Only once the contract is in order. The solicitor arranges for you to sign, agrees a tentative closing date with the seller’s side, returns the signed contracts and submits the loan documents to the lender for drawdown.
Completion. Final searches are carried out, the mortgage is drawn down and the balance of the purchase money is transferred to the seller’s solicitor. The keys are released.
After completion
The work is not finished when you move in. The deed is stamped and the stamp duty paid to Revenue, you are registered as owner with the Property Registration Authority (and the new mortgage registered), you are told when registration is complete, the title deeds go to your lender, and the file is closed.
What the fixed fee pays for beyond the solicitor’s time
On a purchase up to €400,000 the fixed total of €3,000 includes the outlays the solicitor pays out on your behalf (searches, the commissioner and swearing fee, postage, returning the deeds to your lender) and the registration fees of €875 paid to the Property Registration Authority. Up to €1,000,000 the total is €3,100, with registration fees of €975: the registration fees rise with the value of the property, which is why the total steps up while the professional fee stays the same.
Frequently asked questions
What is title investigation?
The legal examination of the property and the seller's right to sell it. The solicitor reviews the title and supporting documents, identifies potential legal issues and raises queries before you sign the contract.
What is the difference between the solicitor and the surveyor?
The solicitor checks whether you can safely buy the property legally: title, rights, planning and charges. The surveyor checks the physical condition of what you are buying.
What happens after I get the keys?
The solicitor stamps the deed, registers you as owner with the Property Registration Authority, notifies you when registration is complete, returns the title deeds to your lender and closes the file.