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Conveyancing

Buyer Beware

Irish property transactions operate strictly under the common law principle of caveat emptor, which translates to "let the buyer beware". This means a property is sold completely "as is", and the seller is under no general legal obligation to disclose any structural, physical, or environmental issues to you before you purchase. Property advertisements often use short or careful wording about a property, its documents, or its condition. These words do not prove that a defect exists, how serious it is, what caused it, or what legal status it has.

Practical starting point: Use an advertisement as a starting point for questions. It is not a replacement for checking the property’s actual documents and condition.


1. Why Further Enquiries May Be Needed

A short advert cannot include every important fact about a property. The full picture may depend on how the property was built, which documents exist, past repairs, planning records, insurance rules, lender requirements, and suitable tests.

  • Understand the issue. Ask what the concern is and what it could mean.
  • Check the evidence. Ask for the full documents, not just a summary, selected pages, spoken explanation, or one phrase from an advert.
  • Think about the effects. Ask whether a known or possible issue could affect repairs, cost, planning, insurance, grants, resale, a mortgage, or the timing of the purchase.


Remember: “Defective concrete blocks” means concrete blocks said to have a problem. The phrase, or a reference to mica, does not by itself prove that a defect does or does not exist. Suitable testing checks the relevant material, and a qualified professional must assess the results and possible cause.

2. Phrases That May Warrant Clarification

These phrases may be a reason to ask questions. None of them, on its own, proves that a defect exists or shows its cause, seriousness, legal status, or effect on a mortgage or insurance.

  • “tested for mica” Ask what material was tested, what method was used, when the test took place, and what the full results say. We are now aware that mica is not the primary problem it is a secondrary contributer and it is pyrrhotite that is the main contributer in Donegal.
  • “report available upon request” Ask for the full written report, including what it covers, its limits, its findings, its recommendations, and its date.
  • “engineer’s report available to view” Ask for a copy that your own solicitor and independent engineer or building surveyor can review.
  • “cash buyers only” Ask why this wording was used and what property documents support it.
  • “online auction” Ask how bidding works, which contracts apply, and when you may have obligations.
  • “priced to reflect works required” Ask what work is needed, whether costs or written specifications exist, and who prepared them.
  • “suspected to be affected by defective concrete” Ask what evidence supports this wording, what material or cause is being considered, and whether more testing is recommended.
  • “ideal holiday home” Ask about planning, use restrictions, insurance, services, and any conditions that affect use as a non-primary residence.
  • “rental investment” Ask about planning, rental rules, testing and the property’s condition, insurance, and any restrictions on letting it.
  • “sold as seen” Ask your solicitor to explain the contract wording, what has been disclosed, and which checks you can still make.


3. Questions to Ask Before Making an Offer

Before making an offer, ask clear questions. Keep copies of the information so your own advisers can review it.

  • Ask for the full written reports about engineering, laboratory tests, planning, repair or remediation work, insurance, grants, and other relevant matters.
  • Ask what testing method and sample plan were used, which areas were checked, when the testing took place, and what limits were noted.
  • Ask whether there are known or possible defects, proposed repairs, restrictions, refused applications, unresolved applications, or other open issues.
  • Check mortgage requirements directly with the lender. A mortgage is a loan used to buy a property. Check insurance requirements directly with the insurer, because insurance is cover against certain risks and depends on the property and its circumstances.
  • Ask how any proposed repair, grant, insurance, planning, or lending condition could affect the purchase, future use, or future sale.
  • Get advice from your own Irish solicitor and a suitably qualified independent engineer or building surveyor before proceeding.

4. Independent Checks to Consider

Have the property documents checked independently. Do not rely only on a report chosen by the agent or seller, or on a report that can only be viewed at an office without giving your own advisers a chance to review it fully.

  1. Document review. Give the full reports, letters and emails, permissions, certificates, insurance information, and contract documents to your own solicitor and technical adviser.
  2. Property inspection. Arrange an appropriate inspection by an independent engineer or building surveyor. They can advise on the visible condition, whether more testing is needed, and the limits of the available evidence.
  3. Current advice. Get up-to-date professional advice before signing contracts or paying a deposit that cannot be refunded.
  4. Auction timing. An auction may leave less time for checks. Where possible, get professional advice before bidding and understand what could happen if you bid before completing those checks.
  5. Testing. It is important to recognise that testing for defective concrete is not always conducted using a uniform standard.


5. Important Legal and Professional Disclaimer

General information only. This is not legal, engineering, surveying, financial, mortgage, insurance, or conveyancing advice. It does not prove that a property or advertisement has a defect. It is not a substitute for independent advice based on the property’s actual documents and condition. Laws, scheme rules, lender requirements, and professional standards may change. Before proceeding, get current advice from your own suitably qualified Irish solicitor and an independent engineer or building surveyor.