Buying and Selling Real Estate
As buying or selling a home is likely one of the biggest financial decisions you will ever make, it is important that you use a conveyancing lawyer you can trust. At Navigate Law, we have experienced lawyers who can advise on any stage of your property matter. We will keep you informed and help guide you through the whole process.
Frequently Asked Questions
Conveyancing is the process of transferring legal ownership of property from one person to another, usually pursuant to a contract of sale.
While you do have the choice to “do it yourself”, this is not advisable and you do so at your own risk.
For example, if you miss a time limit in a contract, misinterpret a condition, or fail to conduct necessary searches on a property, this could result in significant expense or loss and potentially litigation.
The REIQ recommends the use of a qualified solicitor for all conveyancing matters.
Lawyers such as those at Navigate Law are conveyancing experts who have the knowledge and experience to guide you through the transaction, ensuring your interests are protected, and providing you with peace of mind.
There are numerous steps involved in a conveyance, and these will depend on the nature of the property (house, unit, vacant land or commercial) and whether you are buying or selling.
For example, if you are buying, we will:
- check the title and registered plan for easements, caveats, and other encumbrances;
- conduct all the other standard property searches and inform you of the results;
- calculate the necessary settlement adjustments;
- attend to stamping of your contract and assist you in complying with Government requirements;
- prepare all necessary documents and attend settlement to ensure you gain good title to the property.
If you are selling, we will:
- check that all of the documents you are required to sign are in order;
- ensure all outstanding charges such as rates, water and body corporate levies are paid;
- calculate the settlement adjustments;
- ensure compliance with ATO requirements for capital gains tax and GST withholding (where applicable);
- arrange settlement with your bank for the repayment of any loan and discharge of mortgage on your property;
- ensure you are paid in full for the property.
Additionally, we can also help you with:
- Reviewing contracts and advising you on fundamental terms and conditions
- Drafting special conditions as may be appropriate for your particular situation
- Drafting contracts for private sales (ie. without a sales agent)
- General legal advice regarding real estate contract law
- Acting for you in “off-the-plan” purchases
We only charge a single fixed fee for conveyancing services (all administrative costs are included in the fee). Clients assume the costs of building/pest inspections, soil tests and surveys (if applicable), PEXA fees, stamp duty, and registration fees. Clients are also responsible for bank charges for new loans or release of mortgage as applicable.
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Developments, STRATA TITLING & Body Corporate
From Land subdivisions and Multi-lot/strata title developments to and drafting disclosure documents and “off the plan” contracts, Navigate Law is experienced in residential and commercial property developments.
Our office will be closed for the holiday period from 5pm December 21st and will re-open 9am Monday 4th January 2021. Please note that our emails / phone will not be monitored during this period and if you have an urgent matter or query, we recommend you seek alternate legal advice.
We wish you all a very Merry Christmas and a Happy New Year and look forward to working with you in 2021!
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Contact us to find out more, or to arrange an appointment with one of our experienced and friendly legal professionals.