Property Advice: I went sale agreed. Why is the process taking so long?

Dealing with delays in getting deeds can be frustrating

A common issue is the delay in obtaining deeds from banks, which can often take several weeks. Be sure to keep in contact with your solicitor and estate agent during this time.

Hi Majella, 

I went sale agreed on a house six weeks ago. I wanted to move swiftly, so I immediately got a survey done and contacted my solicitor. The solicitor told me the other day that she hasn’t received any correspondence from the vendor’s solicitor yet. I am very concerned as I am currently renting and have to move out of the property in five weeks. My question is why is the process taking so long? Is there an issue? What would you advise me to do? Thanks, Rory

Hi Rory, 

I understand your concern — six weeks seems like a long time without receiving correspondence or a draft contract from the vendor’s solicitor. The first piece of advice I would give you is to contact the estate agent. Ask them why it is taking so long.

The agent can then follow up with the sellers and their solicitor to see what is causing the delay. Ireland is well known for its slow conveyancing process, but there may be a specific issue causing this delay.

Did you receive the report from your chartered building surveyor? It’s important to get a thorough survey done because buying a home is one of, if not the most important financial transactions most of us will be involved in. The survey might show up potential issues.

The fact that your solicitor hasn’t received contracts may indicate that the vendor’s solicitor hasn’t yet prepared them.

To prepare draft contracts, the vendor’s solicitor needs to have the title deeds and other necessary documents. If some paperwork is missing, it will delay the process.

A common issue is the delay in obtaining deeds from banks, which can often take several weeks.

Once your solicitor receives the draft contract, they may raise queries — which could add another few weeks to the timeline. The next stage will be to arrange for the contracts to be signed and the remaining balance of the deposit to be paid.

At this stage, the deal becomes binding.

Other issues which might emerge from further viewings or from your survey — and which all buyers need to be mindful of — include non-compliance with regulations and planning irregularities.

If the property has had any work done that doesn’t comply with current regulations, this needs to be resolved before the sale can proceed.

Planning irregularities can also arise, particularly if there has been any unauthorised alterations or extensions.

You might not think the vendor’s relations with their neighbours are relevant to you, but if there are any unresolved boundary issues, these need to be resolved before the sale completes, otherwise you will be inheriting a major headache and one which could seriously impact your enjoyment of your new home.

While delays can be very frustrating — especially when you are under huge pressure to complete the sale — the old adage “act in haste, repent at leisure” is one to keep to the forefront of your mind at this time.

Other common issues which delay sales proceeding may be connected with the vendor not having everything in order.

For example, if property tax payments are outstanding, it may take some time for these to be cleared. Or if the seller is waiting on a lending decision from their bank for their next purchase, this can take longer than expected.

In addition, there can be delays with various offices such as the Probate Office and Land Registry. There are still paper- based and legal processes in these offices which can be slow.

The best advice I can give you is to address any issues on your side as quickly as possible and keep in regular contact with your solicitor and the estate agent.

To prevent any further delays, it is important that you ensure your finances are ready to draw down and that you have mortgage protection insurance and building insurance in place.

A closing date will be selected during this stage.

The key steps you can take here to expedite the process are:

• Stay in regular contact with your solicitor and the agent, to ensure you are promptly informed of any developments;
• Ask your solicitor to follow up with the vendor’s solicitor regularly;
• And confirm that all required documents have been provided to your solicitor — including the surveyor’s report, valuation, and any necessary banking documents.

With regard to your rental situation, it’s really important to put a backup plan in place in case the house purchase process extends beyond your move-out date.

I’d start by talking to your current landlord. Explain the situation and see if it’s possible to extend your rental agreement on a short-term basis.

If an extension isn’t possible, a short-term rental option in a serviced apartment or holiday home might be another idea worth exploring. You could check out websites like Airbnb or local letting agents often have listings for short-term stays.

As a last resort, you might consider staying with family or friends for a brief period if the timing of your move gets complicated.

This can help reduce costs and provide a more flexible timeframe. You could also arrange for temporary storage of your belongings if you need to move out before your new home is ready. This can help reduce stress and ensure a smoother transition. Many storage facilities offer short-term leases and easy access.

In summary, your first step should be to communicate with the agent. Identify the reasons for the delay, discuss these with your solicitor, and seek a timeline for a closing date.

It may mean warning that you will withdraw the offer if contracts aren’t received by a specific date. You don’t want to waste time on a property that may have issues which will take a long time to resolve and put added stress on you both financially and on your wellbeing.

• Majella Galvin is Chair of the Southern Region of the Society of Chartered Surveyors Ireland. A chartered surveyor, estate agent and registered valuer at DNG Galvin auctioneers Bandon, she has been working in the property sector for over a decade - www.dnggalvin.ie

If you have a property related query or issue you would like to raise with Majella, please email [e-mail]