Oireachtas Joint and Select Committees

Tuesday, 2 July 2024

Joint Oireachtas Committee on Justice, Defence and Equality

Seller’s Legal Pack for Property Buyers Bill 2021: Discussion

4:00 pm

Mr. Patrick Davitt:

I can answer that. We drafted this particular document to give a certainty to people of what the problems are at present. These documents that we are speaking about are going to be drafted by solicitors and put into a pack. We would not see any reason a solicitor would draft them and they would not be correct. Another solicitor can check them of course, because maybe they did not leave something in or took something out or whatever the case may be, but we would expect them to be correct. We would not expect them to be incorrect. If they are putting them into a pack, we would expect the documents there to be right.

Section 3 of the Bill is where we talk about additional documents. We are speaking about additional documents here and we have no intention of changing the law currently from buyer beware. That is not what this Bill is about. Section 3(2) is about additional documents that may, at a later date, be added to the Bill. If we were in Scotland today, there would be an engineer's report on a person's property and indeed, it might be in the not-too-distant future that other people might be proposing that that be the case in Ireland. Again, that is not going to solve or take away from the problem that we are speaking about. We are speaking about documents that currently are being prepared when a property is sale agreed. Those documents are holding up sales and we need to get them done beforehand.

All we are trying to do is something to help the sales process. That is it. We are quite happy to work with the Law Society and anyone else that is interested. If it sees a better way of drafting this, we are quite happy to do that, but-----