Conveyancing is the legal work to transfer an interest in land from one person to another. We understand that purchasing and selling property is usually the biggest transaction that our clients engage in throughout their lives. We strive to be proactive in our communication with our clients throughout their conveyancing matters to ensure that they are kept well informed of the progress of the matter and that the process is as stress free as possible for our clients.
Purchase of property
When acting for a purchaser in a conveyancing matter, our main focus is ensuring that our clients are aware of the risks involved in purchasing the property and attempting to minimise these risks. We will negotiate the terms of the contract with the vendor’s solicitor and then confer with our clients to advise in relation to the provisions of the contract. We will also advise our clients in relation to the pre purchase inspections that should be conducted prior to exchange of contracts.
In addition to the contractual issues in the conveyance, we will liase with the client’s lender (if there will be a mortgage over the property) to comply with the lender’s requirements and to arrange their attendance at settlement. The purchaser needs to liase with their lender to ensure that they sign loan and mortgage documents so that they are returned to the lender in advance of the settlement date.
Following exchange of contracts, we attend to making enquiries with the relevant government departments to ensure the property is not adversely affected by any proposals, to establish whether the land has a land tax charge and determine rates outstanding to the council and water authority. We also make the appropriate requisitions (questions) on the vendor and ensure that their replies are satisfactory. We will ensure that water rates, council rates and strata levies are adjusted at settlement and will arrange for a mutually convenient time with the vendor and lender for settlement to occur.
We also act for clients who are purchasing a unit in an off the plan development and advise them in relation to the advantages and risks of purchasing off the plan.
Sale of Property
When acting for a vendor, the most important aspect of preparing the contract for sale of property is to ensure that all matters which need to be disclosed are disclosed. If we are acting for vendors who are selling a free standing house, we will also advise in relation to the necessity to obtain a survey report and building certificate from the council to attach to the contract.
Once a sale has been negotiated by the client’s real estate agent, we work closely with the agent to ensure exchange of contracts occurs as expeditiously as possible. After exchange of contracts, we liase with the client’s lender (if they have one) to ensure a discharge of mortgage is prepared prior to settlement and the lender will produce the certificate of title. We also attend to preparing replies to the purchaser’s requisitions. We will ensure that water rates, council rates and strata levies are adjusted at settlement and will arrange a mutually convenient time with the purchaser and lender for settlement to occur.
Other conveyancing matters
As well as acting in the purchase and sale of residential and commercial property we also accept instructions in transfers of property between family members, drafting co-owners agreements, preparation of commercial leases, advising clients in relation to commercial leases, drafting and registering mortgages, drafting and registering changes of by laws for strata title units, acting on the registration of strata plans and plans of subdivision and registration of amendments to strata plans and plans of subdivision. We are able to act on most property related transactions.