Call to expedite Seller’s Legal Pack
IPAV, the Institute of Professional Auctioneers & Valuers, has welcomed the publication of the new report from the Competition and Consumer Protection Commission (CCPC), Room for Improvement: Examining Information Availability in Residential Property Purchases, saying it echoes IPAV’s long-standing concerns about inordinate delays and poor information flows for buyers in the Irish conveyancing process, which the Institute has been working to fix through the legislative enactment of its Seller’s Legal Pack for Property Buyers Bill.
IPAV said the report marks an important contribution to policy surrounding the buying and selling of homes, and the recommended measures need to be expedited by Government.
The institute said the recommendation that the Government should legislate for pre-sale information to be made available to potential buyers so as to avoid delays and possible sales falling through, is recognised in the Seller’s Legal Pack for Property Buyers’ Bill 2021, which last July underwent pre-legislative scrutiny by the Oireachtas Justice Committee.
Among the key issues identified in the CCPC report:
- Lack of upfront legal information for buyers: The Sellers Legal Pack (SLP) would ensure all essential documents - title deeds, BER certs, planning compliance - are provided before the marketing of a property begins, giving buyers full visibility from day one.
- Conveyancing delays averaging 17 weeks: IPAV’s SLP tackles delays at source by resolving legal, and title issues upfront - enabling a realistic 8-week or less completion timeline as per Housing for All targets.
- Almost 30% of buyers discover issues post-sale: The SLP requires early disclosure of these details before bids on properties are made.
- 57% of those who made that discovery would have lowered their offer or withdrawn: The SLP ensures buyers know the true legal status of a property before bidding, preventing fall-throughs and re-negotiations.
IPAV CEO, Pat Davitt, said: “The CCPC’s report validates what our members and consumers have been saying for 10 years - Ireland’s homebuying process is too slow, too opaque, and too risky for buyers who are expected to take a gamble under the outdated ‘buyer beware’ rule. The Seller’s Legal Pack is a simple, effective way to fix this by ensuring that all critical information is on the table before a property is marketed and goes on sale.
“We don’t need more red tape, just a common-sense approach. These are documents already needed to close a sale – the SLP would simply move them to the beginning of the process. This approach, already standard in public and online auctions, protects buyers, provides certainty for sellers, and brings trust and efficiency to the market. We are urging the Government to legislate for the Seller’s Legal Pack immediately after the summer recess,” he said.
Mr Davitt said the bill is intended to save buyers from making offers and incurring the expense of engaging the services of solicitors, engineers and surveyors for properties that end up being withdrawn from sale, typically late in the process when issues around title, rights of way and other such issues emerge to the great dissatisfaction and frustration of consumers, and indeed agents.
He also said the creation of a new conveyancing profession would enhance the efficiency of the legal process and greatly assist buyers and sellers.
“A reality of the property market that is little understood is that typically agents represent sellers. Under our laws agents are compelled to achieve the best outcomes for those whom they represent.”
Mr Davitt said in this regard there are “legal complexities that may need to be clarified” between the Consumer Protection Act 2007 and the Property Services (Regulation) Act 2011.
“The CCPC report does speak to the need for greater legal tools to be made available to aspiring buyers, to achieve transparency and efficiency, and to eliminate misunderstandings at the mild level and unnecessary costly expenditure at the more extreme and often typical end,” he said.