Selling at Auction

Selling a property at auction can deliver a fast, transparent, and legally binding sale, but it requires careful preparation. The quality of the legal pack you put before bidders, and the terms of the Contract for Sale, have a direct bearing on both the price you achieve and the certainty of the transaction. At McCarthy + Co, our conveyancing team has decades of combined experience guiding clients through auction sales and making sure the legal work is in order long before auction day.

Auction hammer seller

Expert Legal Guidance When Selling Your Property at Auction

Auction sales suit certain properties and certain sellers particularly well. The benefits include a defined timetable, a concentrated marketing period, open and competitive bidding, and a sale that becomes legally binding the moment the hammer falls. These features can be especially attractive where the seller values speed and certainty, where the property has broad market appeal, or where it is being sold on behalf of an estate, a lender, or a business.

The trade-off is that auction sales are document-led. Bidders must be able to review a complete and accurate legal pack in advance, and any weakness, ambiguity, or omission in that pack will either reduce the price achieved or deter bidders altogether. Preparing the pack properly is the most important part of the process, and it is the part that depends most heavily on experienced legal input.

At McCarthy + Co Solicitors LLP, our conveyancing team is led by Joseph McCarthy, who has extensive experience guiding clients through auction sales. Joseph and his team assist you at every stage, including:

  • Preparing the auction legal pack – We prepare the full legal pack made available to bidders in advance, including the Contract for Sale, the title documents, the folio and map, planning documentation, the Building Energy Rating certificate, searches, and any tenancy or management company information. A complete and accurate pack gives bidders the confidence to commit to a binding contract on the day.
  • Drafting appropriate special conditions – We draft the special conditions that adapt the standard contract to your property, covering matters such as planning compliance, title defects, or rights of way, so that your position is protected without deterring serious bidders.
  • Responding to pre-auction enquiries – We deal with the enquiries raised by bidders’ solicitors in the run-up to the auction, clarifying matters where possible and advising you on any amendments to the pack that we recommend.
  • Liaising with the auctioneer – We work alongside the auctioneer so that the conditions of sale are properly incorporated, the memorandum of sale is signed correctly on the fall of the hammer, and the deposit is received and held in line with the contract.
  • Completing the sale – After the hammer falls, the successful bidder signs the Contract for Sale and pays a deposit of 10% of the purchase price, with the balance usually due within 28 days. We handle the closing, including replies to requisitions on title, the closing statement, the receipt of the balance, and the transfer of ownership.
  • Handling post-sale matters – We register the transfer with Tailte Éireann, arrange for any mortgage on the title to be vacated, and assist with any Capital Gains Tax return required in respect of the sale.

If you are considering selling a property at auction and would like guidance from a member of our team, complete our confidential consultation request form, and we will call you back.

“I would highly recommend McCarthy + Co. Solicitors. I had a very positive experience going through the conveyancing process with Joseph McCarthy who handled both the sale and purchase of my properties. His advice was always considered and relevant. He kept me informed at all times and was happy to answer any queries I had promptly. I would have no hesitation giving him an excellent rating. House selling and buying can be a very stressful experience but the service provided ensured everything went smoothly.”
Barbara

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP and has been an integral member of the team since 2013. He is a highly experienced conveyancing solicitor, helping homeowners and prospective homeowners throughout the process of buying and selling their properties. Whether clients are selling, purchasing their first home, or moving to a new one, Joseph guides them through every stage with a problem-solving approach and a genuine commitment to making the experience as straightforward as possible.

Joseph’s client-focused mindset shapes his work, as he is known for keeping clients well informed and connecting them with the right expert whenever a matter falls outside his area. If you are selling a property, at auction or by private treaty, and would like trusted, attentive advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to selling at auction.

How do I choose an auctioneer?

All property services providers in Ireland, including auctioneers and estate agents, must be licensed and regulated by the Property Services Regulatory Authority under the Property Services (Regulation) Act 2011, and you can verify any firm’s licence on the public register. Beyond licensing, look for a firm with a strong track record in auction sales of properties comparable to yours, a clear marketing plan, a reasonable and transparent fee structure, and a willingness to explain the process in plain terms. The auctioneer is legally required to issue you with a Letter of Engagement, also known as a Property Services Agreement, setting out the scope of the services and the fees, and you should read this carefully before signing.

What is a reserve price, and how is it set?

The reserve price is the minimum price at which you are prepared to sell the property at auction. It is a private figure agreed between you and the auctioneer and is not disclosed to bidders. If the highest bid matches or exceeds the reserve, the property is sold and you are legally obliged to complete. If the highest bid falls short, the property is withdrawn and not sold at the auction, although the auctioneer will usually seek to negotiate a sale with interested parties immediately afterwards. The reserve should be set realistically, based on the auctioneer’s appraisal of the market, so that the property is attractively priced without being given away.

How does a reserve price differ from a guide price?

The guide price is a public figure included in the marketing material to give bidders an indication of where the reserve is likely to sit. It is not a valuation, and it is not binding. As a matter of good practice, the reserve will not typically exceed the guide price by more than 10%, so bidders can use the guide to judge whether the property is within their budget. The guide price can be adjusted during the marketing period in response to the level of interest received.

What is a market appraisal?

A market appraisal is the auctioneer’s professional estimate of the likely selling price of your property, based on its location, size, condition, planning status, and recent comparable sales. It informs the setting of both the guide price and the reserve, and it helps you form realistic expectations of what the auction is likely to achieve. A good auctioneer will support the appraisal with evidence from the Residential Property Price Register and from their own recent sales, and will explain the assumptions behind the figure they propose.

Is a BER certificate required?

Yes. It is a legal requirement to have a Building Energy Rating certificate in place before a property is advertised for sale or rent in Ireland, and the certificate and advisory report must be included in the legal pack. If you do not already have a valid Building Energy Rating, the auctioneer or your solicitor can arrange for a registered assessor to carry out the assessment before marketing begins.

Do I need a solicitor when selling at auction?

Yes. A Contract for Sale at auction becomes binding the moment the hammer falls, with no opportunity to revisit the terms or add further warranties, so the contract and the legal pack must be complete, accurate, and properly drafted before the property is offered for sale. A solicitor prepares the pack, drafts the Contract for Sale and any special conditions, responds to pre-auction enquiries, and closes the sale. Attempting to sell at auction without a solicitor risks delays, failed auctions, disputes with the successful bidder, and potential claims for misrepresentation after the sale.

What happens if the property does not sell on auction day?

If bidding does not reach the reserve, the property is withdrawn rather than sold. The auctioneer will usually try to negotiate a sale with the highest bidder, or with other interested parties, in the hours and days after the auction. If a sale is agreed in that way, the Contract for Sale in the legal pack is then adopted, with the price and completion date adjusted by agreement. If no post-auction sale is agreed, you can consider re-entering the property in a later auction or moving to a private treaty sale.

How long does the process take from instructing a solicitor to completion?

As a rough guide, the preparation of the legal pack and the marketing period typically run over six to eight weeks before the auction, and completion follows within 28 days of the auction itself, unless the contract provides for a different closing period. Distressed sales, executor sales, and sales involving complex title issues can take longer, because additional work is needed to prepare a legal pack that bidders will be willing to rely on. We will give you a clearer timetable once we have reviewed the title and the wider circumstances of the sale.

The Conveyancing Team at McCarthy + Co

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