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ARTICLE · 14 DECEMBER 2011

Buying And Selling Distressed Properties – Some Practical And Legal Challenges

The Irish property market is likely to be dominated by sellers of distressed properties over the coming years.

IrelandReal Estate and Construction

The Irish property market is likely to be dominated by sellers of distressed properties over the coming years. The residential market has seen high-profile sales by secured lenders and while commercial property has not seen a revival in activity on the same scale – due in part to the lack of credit and to continuing valuation uncertainties – banks and insolvency practitioners will be in the vanguard of this market over the coming years.

The practical challenges

Any party approaching a property transaction with a bank, receiver or liquidator in an enforcement situation should appreciate from the outset that the opportunity to acquire a property in those circumstances comes at a price – the levels of information and legal comfort available from the seller in relation to the underlying asset are limited. The reasons for this are understandable:

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