Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Due diligence is the process of checking legal, financial and practical matters before a transaction or major decision. In Listowel, County Kerry, due diligence commonly applies to property purchases, business and company deals, loan security, leasing, and compliance checks required by law. The aim is to identify risks, confirm legal title, ensure regulatory compliance, uncover liabilities and give you the information needed to negotiate price, warranties and contractual protections.
Because Ireland uses national statutes and registers as well as local authority systems, due diligence in Listowel combines national checks - for example company searches and tax status - with local searches - for example planning, building control and local authority charges handled by Kerry County Council and local offices.
Engaging a lawyer is important when legal expertise will materially affect outcomes or allocate risk. Common situations include:
- Property transactions - to review title, searches, planning history, boundaries, easements and draft conveyancing documents.
- Buying or selling a business - to review company records, contracts, employee liabilities, leases, intellectual property and tax exposures.
- Obtaining finance - to prepare and examine security documents, mortgages, debentures and lender conditions.
- Mergers, acquisitions and share purchases - to draft warranties, indemnities and disclosure letters and to structure the deal.
- Regulatory compliance - to check anti-money laundering obligations, data protection compliance, sector licenses and environmental rules.
- Dispute prevention - to identify potential claims, contractual breaches or obligations that could lead to litigation.
A solicitor experienced in Irish commercial, property or corporate law will know where to search, what documents to request, how to spot red flags and how to negotiate protections into agreements.
Key legal areas and authorities relevant to due diligence in Listowel include:
- Companies and corporate matters - Companies Act 2014 governs company formation, directors duties, statutory filings and the register maintained by the Companies Registration Office. Reviewing CRO filings and financial statements is essential for business purchases and corporate checks.
- Property and conveyancing - Land and Conveyancing Law Reform Act and the Property Registration Authority system control title registration, transfer, easements and leases. Title checks, searches at the Land Registry or Registry of Deeds and review of deeds are part of property due diligence.
- Planning and development - Planning and Development Acts govern planning permission, development plans and enforcement. Local searches with Kerry County Council and examination of local area plans and planning history are required to confirm permitted uses and potential enforcement risks.
- Environmental law - Environmental Protection Agency requirements and Irish environmental legislation apply to land use, waste, water and protected habitats. For certain sites a Phase 1 environmental assessment or further investigation may be needed.
- Tax and revenue matters - Revenue Commissioners rules on income tax, corporation tax, VAT, capital gains tax and stamp duty can create liabilities for buyers or sellers. Tax clearance certificates and historic tax compliance are often reviewed.
- Anti-money laundering and client due diligence - Criminal Justice (Money Laundering and Terrorist Financing) Acts impose verification and reporting duties on regulated professionals, including solicitors, for certain transactions.
- Data protection - GDPR and the Data Protection Act 2018 affect how personal data must be handled during due diligence and any data transfers.
- Consumer and employment law - Consumer protection statutes and employment law protections can create hidden liabilities for business buyers, such as unfair dismissal claims or consumer warranty issues.
The first step is usually a title and planning search. Your solicitor will request title documents or a Land Registry folio, obtain local authority searches from Kerry County Council on planning and rates, and arrange searches for any outstanding charges or encumbrances. A site visit and a survey by a chartered surveyor are also recommended early on.
Timelines vary with the transaction. Simple residential property checks can take a few days to a few weeks. Business and commercial transactions may take several weeks to months depending on the complexity, number of documents, third-party searches and any negotiations arising from findings.
Costs depend on the scope and complexity. Solicitors may charge a fixed fee for specific checks or an hourly rate for complex corporate or commercial due diligence. Expect additional costs for searches, registration fees, surveyors, accountants and specialist reports. Always ask for an estimate and a clear scope of work up front.
Some basic checks can be done personally, such as viewing Land Registry folios or public planning records. However, legal interpretation, drafting protective contractual language, handling statutory searches and satisfying AML obligations are tasks best handled by a qualified solicitor and other professionals. For material transactions, professional advice reduces risk.
Key local searches include planning history and permissions with Kerry County Council, local authority rates and charges, water and sewerage connections, building control inspections where relevant, and any local environment or conservation designations that affect the property. Your solicitor will advise on which specific searches apply.
If issues are found you can negotiate remedies - for example a price reduction, indemnities or seller warranties - require remediation before completion, or walk away if contractual conditions allow. The best response depends on severity, cost of fixing the issue and your risk appetite. Your solicitor will advise on options and contractual protections.
Yes, for commercial sites or former industrial land a Phase 1 environmental site assessment is often needed and sometimes a Phase 2 investigation. For buildings, a structural survey by a chartered surveyor can reveal defects and maintenance costs. These specialist reports inform negotiations and future liability exposure.
Business due diligence focuses on company records, financial statements, contracts, employment liabilities, tax history, intellectual property, customer and supplier contracts, regulatory compliance, and ongoing liabilities. Property due diligence primarily examines title, planning, physical condition and local authority matters. Many transactions combine both areas when buying property owned by a company.
Yes. Solicitors and other regulated professionals must carry out client due diligence under the Criminal Justice (Money Laundering and Terrorist Financing) Acts for certain transactions. This includes identity verification, obtaining proof of funds and reporting suspicious transactions where required.
Look for solicitors with experience in the relevant area - property, corporate or commercial law. Ask about local experience in Listowel and Kerry County Council procedures, fees and fee structures, estimated timelines, and whether they work with accountants, surveyors and specialists you may need. Check qualifications, ask for references and request a clear written engagement letter detailing scope and costs.
Useful bodies and resources to consult when preparing for due diligence include:
- Companies Registration Office - for company filings and records.
- Property Registration Authority - for Land Registry and title information.
- Kerry County Council - for planning history, local area plans and building control.
- Revenue Commissioners - for tax enquiries and guidance on tax liabilities.
- Law Society of Ireland - for guidance on choosing and instructing a solicitor and for information on solicitor regulation and professional standards.
- Citizens Information - for general public-facing information on rights and procedures.
- Environmental Protection Agency and local environmental officers - for environmental compliance and guidance.
- Competition and Consumer Protection Commission - for consumer law and business compliance matters.
- Institute of Chartered Accountants in Ireland and Society of Chartered Surveyors Ireland - for accounting and valuation advice and professional surveyors.
- Insolvency Service of Ireland - for matters where a target company may be insolvent or in liquidation.
If you need legal assistance with due diligence in Listowel follow these steps:
- Gather basic documents and information such as title deeds, recent correspondence, company numbers, financial statements and copies of major contracts.
- Identify the type of due diligence you need - property, corporate, tax, environmental or combined - and list your main concerns and objectives.
- Contact a solicitor with relevant experience. Ask for a written engagement letter that sets out scope, estimated costs, billing arrangements and time-frame.
- Arrange for specialist advisers where needed - surveyors, accountants, tax advisors or environmental consultants - and coordinate their reports through your solicitor.
- Review the findings with your solicitor, decide on negotiation positions and require contractual protections such as warranties, indemnities or conditional completion if appropriate.
- Keep records of all searches, reports, communications and agreements for future reference and protection.
Taking structured, lawyer-led steps will reduce risk, clarify obligations and protect your interests when making decisions in Listowel and across Ireland.
