Q&A

A selection of property related questions answered

We need to sell quickly afterprevious sales fell through

We put our house on the market in February and, to cut a very stressful story short, during that time two buyers pulled out after they had paid their deposit. One couple split up and the other woman couldn't get the finance. Our new house is now ready and we must sell by the end of September. We have switched agent and feel the new one will do a better job. Is there anything we can do to make absolutely sure that this time the sale will go through?

People who are gazumped get all the sympathy but sellers in your predicament are entitled to just as many commiserations. Under our legislation, a sale isn't a sale until final contracts are signed and exchanged - no matter how much of a deposit was paid.

The way of shifting a property in double-quick time is to sell it below market value - and even then (unless the buyer fetches up on the day with bags of cash and a pen in his hand to sign contracts) things can still go horribly wrong. All you can do is minimise the sort of delays that can really slow down the buying and selling process. Are all your legal documents intact - deeds, planning permissions and so on? How is the agent going to market your property?

There will be a huge number of properties on the market in September so make sure yours stands out. Are the pictures in the agent's website/advertising as good as they can be? In this age of digital cameras there is no reason for dodgy photos. You have the chance now to make sure the pictures taken are sunny and colourful. Look at your house with a fresh eye - you are probably so used to it being for sale that you have stopped noticing little things, such as the state of the windows, the grimy grout in the bathroom and so on. Give the place a thorough clean, inside and out.

You may have to accept that the end of September is a little on the optimistic side to have the whole thing signed and sealed, so discuss bridging finance with your lender. Once you have that in place - it is nowhere near as expensive as it was years ago, despite interest rate hikes - then you might feel a little less panicked.

Stamp duty exemptions for couples splitting up

The Revenue contacted us to say that an answer to a question in the Property supplement of July 20th in relation to the transfer of property after a marriage breakdown - and exemption from stamp duty on future purchases - contained some errors.

We are happy to clarify that the "spouse" exemption applies to transfers between spouses who are separated as they remain spouses following the separation. The transfer does not have to be made in pursuant to a court order in order to avail of the exemption.

The separated spouse can avail of first-time buyer relief where there is either a decree of judicial separation or a deed of separation and the other conditions are satisfied. Where the family home is sold, both spouses would be entitled to avail of the stamp duty exemption/relief in the case of the purchase of a newly built house where it is to be occupied as a principal place of residence.Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.

Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.