Buying Property Conveyancing Terminology
The first priority for you is to obtain loan approval, if a loan is required.
The seller’s Solicitor provides a Contract to us. We provide a copy to you with a written advice before our first appointment.
This is to ensure that the property is not infested and/or does not have problems with dampness or ventilation. We can arrange this inspection. We highly recommend you obtain this report whether you are obtaining finance or not.
A licensed builder inspects the property both internally and externally for structural defects. Other minor maintenance problems will also be revealed for your assistance. These reports are extensive and very thorough and are well worth the fee.
Council inspects the Property to ensure that the building erected on the property have been approved and that all structures and alterations have received satisfactory final inspection. Council requires a copy of an up to date surveyors report to process the application and most council’s take 2-3 weeks to process the application. We do not recommend an exchange of contracts without a satisfactory council building certificate.
This is to ensure that the building erected on the property complies with council’s boundary requirements. Usually the vendor can supply this report, if not, we can arrange for a survey.
We do not check that telephone, electricity, telephone and gas services are available. You must check availability.
All fixtures are included in the sale, without mention in the Contract. Any moveable items included in the sale must be mentioned in the Contract.
On the death of a joint owner, the survivor takes the property. A tenant in common in equal shares can dispose of an interest by will.
DEPOSIT/ DEPOSIT BOND
On exchange of Contracts you will need to pay a deposit which is 10% (in most cases) of the purchase price. In some instances the Vendor may agree to a 5% deposit or to exchange using a Deposit Guarantee Bond.
Neither party is committed until there has been an exchange of contracts. On exchange, a deposit, 10% of the price, is paid. Signing a contract with your solicitor does not mean the contract has been exchanged.
You have the option of exchanging under Cooling Off which secures the property for you. You pay the 0.25% deposit and then you have 5 working days to satisfy yourself in relation to the property , contract terms, and if required, obtain Loan Approval.
Stamp Duty is generally payable 2 weeks prior to your completion date. In some instances we can attend to payment of the stamp duty on completion. We will advise the appropriate dates and the exact amount payable. If you believe that you qualify for the First Home/New Home Grant please contact us to further discuss.
In the Contract, the seller must disclose matters, generally other than the condition of any buildings, which adversely affect the property. We check that there has been fill disclosure. If any matter first arise, after exchange, they are generally your responsibility.
About 6 weeks after exchange, you take possession and Title and pay the balance of the purchase price by BANK CHEQUE. We coordinate the whole procedure.
You must take out Insurance on the building form the date of possession, which is usually settlement.
FEES AND DISBURSEMENTS
Refer to our Fees. These are the legal costs of acting in the transaction. They include some expenses as set out in your Fee Agreement. Other expenses relating to your Purchase which are not included are set out in the Agreement and only as instructed by yourself.
SIGNING THE CONTRACT
Signing the contract does not mean the contracts are exchanged. We make an appointment to discuss and advise you on the terms of the contract. You instruct us when you are satisfied on all pre-contract matters and the terms of the contract to proceed to exchange.
Pre-contract – approximately 2 weeks. Obtain loan approval, pest and building reports, survey report and building certificate if required, advice on the contract, sign the contract and pay the deposit. Make a further inspection of the property shortly before exchange.
Exchange of contracts- binds you and the seller to complete
After Exchange – approximately 6 weeks until completion. We will confirm the completion date with you and your next steps, we arrange for your mortgage and loan documents to be explained and signed, attend to payment of stamp duty. You should get quotes for a removalist and book a removalist for the completion date.
2 weeks before completion date – we will confirm whether your bank and the vendor is ready to proceed and provide you draft settlement figures and steps to be taken in readiness for settlement, i.e. final inspection, keys, time of completion, connection of electricity and telephone, details of the adjustment of rates.
NOTIFYING YOUR CHANGE OF ADDRESS
We will notify the local council. You should notify the following if they are relevant: Centrelink, Share Brokers, Employer, Doctors, Relatives, Friends, Banks, Credit Card issuers, Store accounts, Trade Unions, Post Office (redirect mail) Magazine Subscriptions, mobile accounts, Social clubs, children’s activities and schools, life insurance, motor vehicle insurance, superannuation funds, electoral offices.