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The requirements for a vendor to provide various certificates, documents, and information to the purchaser during the conveyancing process of a property sale in Ireland. It covers topics such as notices, taxes, capital acquisitions, VAT, and building regulations.
Typology: Exercises
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VENDOR : Phyllis Lowry
PURCHASER:
PROPERTY : Site at Tuam Road, Galway (Folios GY16114F & GY11693F)
OUR REF : PK/LOW001/ ___________________________________________________________________________
Without prejudice to the foregoing objections (if any) the following Requisitions on Title are made:-
1. PREMISES 1. 1. If any fixtures fittings or chattels included 1.1 No in the sale are the subject of any Lease Rental Hire Purchase Agreement or Chattel Mortgage furnish now the Agreement and on closing prove payment to date or (as the case may be ) discharge thereof. 2. Which of the boundaries belong to the 1.2 All boundaries are party property and which are party: 3. In relation to boundaries: 1.
a. Furnish now any Agreements as to a. None such repair maintenance or otherwise.
b. Are there any disputes with the b. Vendor not aware of any disputes adjoining owner.
a. Drainage a. – e. N/A – Matter for the Purchaser (i) if so, please state whether by mains, septic tank or other.
. b. Water c. Electricity d. Telephone e. Gas
(a) Section 18 of the Land Act 1965 has not been exercised for twelve years furnish on closing affidavit to that effect.
(b) Unregistered land has not been exercised for twenty years furnish on closing affidavit to that effect.
8. POSSESSION 8.
Confirm that clear vacant possession of the Confirmed entire property will be handed over at closing.
c. If the Tenancy Agreement is not in writing state and prove the terms of the Tenancy
d. If the Tenant has completed a Renunciation under the Landlord and Tenant Act 1994 furnish now copy of same and original on closing
b. If so the amount thereof should be handed to the Purchaser on closing.
b. Is the Vendor or his Agent aware of any fact which will or may give rise to any such claim.
b. Is so furnish now any details thereof.
a. Have any Notices been served on the Vendor.
b. If so furnish now copies of same and evidence of compliance therewith.
c. Confirm that the Tenant has been furnished with a rent book.
d. Furnish certified copy Entry in the Register of the Housing Authority showing the property registered and any changes as the case may be.
b. If so have these improvements been taken into account in determining the rent.
c. If so what proportion of the rent (if any) has been attributable to such improvements and how was this calculated.
11. OUTGOINGS 11. 1. What is the Rateable Valuation of : 1. Enquiries being made from Galway City Council a. Lands b. Buildings 2. Has any work been carried out on the property 2. Vendor says no which might result in the valuation being revised. 3. Has any notice or intimation been given of any 3. Not to Vendors knowledge change in the Rateable Valuation. 4. Give particulars of any remission of rates 4. Usual Commercial Remission in force. 5. a. Is there or has there been a separate water 5. a-b. Presumably Water Charges apply rate and/or refuse charge payable.
b. If so give full particulars naming the party to whom payable the basis of the charge and furnish now any Agreement or Contract which regulates such payment.
Conveyancing Acts Derelict Sites Acts
Electricity Supply Acts Environmental Agency Act Fire Brigade Acts Fire Services Acts Forestry Acts Gas Acts Housing Acts Housing (Private Rented Dwellings) Acts Labourers Acts Land Acts Landlord and Tenant Acts Local Government (Planning and Development) Acts Local Government (Sanitary Services) Acts Mineral Development Acts National Monuments Acts Office Premises Act Petroleum and other Minerals Development Acts Public Health Acts Registration of Title Act Rent Restrictions Acts Safety in Industry Acts Succession Act Water Pollution Act Wildlife Act or under any other Act or any Statutory Rule Order or Statutory Instrument.
b. Furnish now any Notice Certificate or b. Not applicable. Order so served or received.
c. Has the same been complied with. c. Not applicable.
b. If so furnish copy now. b. Not applicable
b. If so furnish copy now. b. Not applicable.
13. SEARCHES 13. 1. Give the Vendor's full name and present 1. Name and address sufficiently. address, identified in Contract. 2. Has the Vendor ever executed any 2. No document in relation to the property in the Irish equivalent or any other variant of his name
If there is a voluntary disposition on Title furnish There is no voluntary disposition on title and now in respect of each such disposition: accordingly requisition 15 does not apply in its entirety. a. A Statutory Declaration from the Disponer that the disposition was made bona fide for the purpose of benefiting the Disponee and without fraudulent intent or if this is not within the reasonable procurement of the Vendor confirmation that the Vendor is not aware of any such fraudulent intent.
b. If the disposition was made within the past 5 years evidence by way of Statutory Declaration of the Disponer that at the date of the disposition the Disponer was solvent and able to meet his/her debts and liabilities without recourse to the property disposed of.
c. A Bankruptcy Search against the Disponer.
16. TAXATION 16. 1. a. On the death of any person on the title prior 1. a Not Applicable to the 1/4/1975 did any reversionary interest pass.
b. If so was payment of Estate Duty arising b Not Applicable on such passing deferred.
c. If so a certificate of the subsequent discharge c Not Applicable of such duty must be furnished in any case where the reversionary interest fell into possession within six years of the date of this sale.
a. Evidence by way of statutory declaration that the disponer is still alive.
b. Term Assurance/Cash/Deposit or other security to cover any additional Capital Acquisitions Tax which may arise by virtue
of the death of the donor within two years from the date of the gift.
by the Finance Act 1984 on the 25th^ January 1984 or at any time thereafter.
b. If so furnish now Certificate of discharge from Capital Acquisitions Tax in relation thereto.
b. If so furnish Certificate of Discharge from Probate Tax
b. If the property was not so previously acquired furnish on or before closing:
(i) Certificate of Clearance from Residential Property Tax
(ii) Certificate of Discharge from Residential Property Tax where there has been a transfer between spouses after 17th^ June 1993.
16A. VALUE ADDED TAX 16A Enquiries being made
a. When the Vendor acquired its interest in N the property was VAT incurred on the acquisition price.
b. Did the Vendor acquire its interest in the property as a transfer of a business or part of a business from another VATable person within the meaning of Section 3(5)(b)(iii) VATA, 1972.
c. Has there been any “development” (within the meaning of the VATA 1972) on or affecting the property since 1 November 1972.
d. In relation to any VAT incurred in relation to either activities at 1.a, 1.b or 1.c above, did the Vendor become entitled to or recover any element of VAT on the acquisition or development in accordance with Section 12 VATA, 1972
e. Has the property at any time subsequent to recovering imput VAT as indicated at 1.d above, become the subject of a self-supply within the meaning of Section 3(1)(e) or 3(1)(f), VATA 1972. If so please explain.
a. Is the current disposal a transfer of a business or part of a business to another VATable person within the meaning of Section 3(5)(b)(iii), VATA 1972.
b Does VAT arise on this transaction at any rate of VAT
c. If no VAT arises, please explain why.
d. If VAT does arise, please explain why.
e If VAT does arise, how is the amount of VAT calculated.
a. Does the Vendor intend to charge VAT to the Purchaser
b. Is the current disposal a taxable assignment or surrender of a leasehold interest such the provisions of Section 4 (8), VATA 1972 apply so that the Vendor is not accountable for VAT on the supply.
c. Where it is proposed to charge VAT to the Purchaser, please furnish a draft VAT invoice now.
a. On the creation of a lease of ten years or more where the Purchaser indicates an intention to avail of the Section 4A VATA 1972 procedure, please confirm that the Vendor will agree to use the section 4A VATA 1972 procedure.
b. If so, please furnish Form VATA4A with Section A completed.
c. Please confirm that the Vendor will submit the duly completed Form VAT 4A to its Inspector of Taxes on a timely basis so as to ensure that Form VAT 4B will be available prior to completion.
a. Is the property being disposed of the subject of leasehold interests created by the Vendor or its predecessor, or have any such leasehold interests previously existed since 1 November
b. Where there are any VATable leasehold interests in the property please confirm in respect of each leasehold interest:-
i. The date of creation of each such lease.
ii. The date of expiry of the leasehold term.
Company has not executed any charges of any description which are not shown as registered in the Companies Registration Office.
b. Certificate of company Secretary that no 3b Resolution to wind up the Company has been passed and that no Notice of a meeting at which it is proposed to wind up the Company has issued or been published and that no petition has been presented or is pending to wind up the Company and no steps have been taken to place
the Company in Receivership or to have a Receiver or an examiner appointed.
b. If so furnish now relevant certificate of the 5b Company Secretary.
c. In respect of all transactions on title since 5c the 1st^ day of February 1991 (including the transaction) involving such an arrangement furnish now a Resolution in General Meeting of the Company or its Holding Company as the case may be approving the arrangement or alternatively a resolution in General Meeting of the Company or of its Holding Company as the case may be in accordance with Section 29 (3) (c) of the Act for the purpose of affirming the arrangement.
b. If such transaction is not prohibited by reason of 6b the exceptions contained in Sections 32 to 37 of the Act furnish Certificate of Company Secretary/Auditors to this effect and identifying the nature of the particular exception.
19. LAND ACT 1965 19. No longer applicable 1. Furnish evidence of compliance with Section 45 19. of the Land Act 1965 in all appropriate cases. 2. Was the ownership of the property vested in a Body 19.
Corporate and control of that Body Corporate transferred to a person who was not a “qualified person”. If so
(i) Was Notice served under Section 45 (5) of the Land Act 1965 as amended.
(ii) Has any action been taken on foot of any such Notice.
(a) If so furnish original letter consenting to the letting sub-letting or subdivision of the property under Section 12 of the Land Act 1965 with the appropriate Map; and
(b) A letter from the Land Commission or its successors confirming that all relevant conditions in the Letter of Consent to subdivision have been complied with.
In lieu of a and b above:-
(c) Confirm that the General Consent to subdivision pursuant to S.I. No.13/77 applies to the present or any past sale.
(d) If the property is subject to a Land Purchase Annuity or Land Reclamation Annuity confirm that subdivisions (including the present sale) in excess of 2 hectares have not been effected under the General Consent procedure.
undertaking to lodge it in the Land Registry immediately on completion and a letter consenting to its use for the purpose of the Registration of the Purchaser’s transfer.
b. Where the Land Certificate has not issued b. Not applicable confirmation that application has not been made for its issue.
c. Land Registry Map/ File Plan. c. Already furnished
d. In the case of the transfer of part of a Folio d. Not applicable a site map complying with Land Registry Mapping requirements or a Land Registry Approved Scheme Map together with an undertaking by Vendor to discharge Land Registry mapping queries to include payment of Land Registry Mapping fees.
e. Certificate of Redemption Value. e. Not applicable
f. Section 72 Declaration including a paragraph f. Agreed confirming no deaths or voluntary dispositions on title within the past twelve years.
g. If the title is possessory or qualified g. Not applicable affidavit or sufficient evidence to enable the Purchaser to convert it to absolute.
a. Draft Assurance
b. Draft Site Map
c. Draft Statutory Declaration of Identity by the Vendor’s Architect or other competent person confirming that the entire of the property as shown on the site map and the rights of way easements and the services relating thereto form part of the lands to which the Vendor has show title.
d. Draft Indemnity in relation to roads footpaths sewers and all services.
e. Draft Indemnity in relation to defects.
f. Floor Area Certificate
g. Particulars Delivered Form for completion by the Purchaser
h. HB10 Homebond Scheme Guarantee Agreement
a. Original Assurance duly completed assessed for Stamp Duty or adjudged exempt therefrom with Particulars Delivered Stamp impressed and a Certificate of Compliance with the building or other covenants endorsed thereon.
b. Memorial duly competed
c. Architect’s Statutory Declaration of Identity in accordance with 23.1.c.
d. Indemnity under Seal in relation to roads footpaths sewers and all services.
e. Indemnity under Seal in relation to defects.
f. Architect’s Certificate confirming that all buildings have been erected within the confines of the site as per Deed map.
g. HB10 Agreement under the Homebond Scheme completed by the Vendor.
h. HB10 Notice under the Homebond Scheme.
(“the 1976 Act”) FAMILY LAW ACT 1995 (“the 1995 Act”) AND FAMILY LAW (DIVORCE) ACT 1996 (“the 1996 Act”)
