At Peter G Williams & Associates we understand that the purchase of a residential property, whether it be a dwelling house a townhouse or building unit, is for many clients probably their biggest investment. We also understand that moving residence can be a stressful time. We take care of all of the usual steps of completing the Conveyance on behalf of our clients with the aim of ensuring the transaction proceeds smoothly.
Whether a Buyer or a Seller, we strongly advise you to obtain proper legal advice on the proposed contract
Before you Sign ensure that:
- We are given the opportunity to provide you with options by professionally drafting Special Conditions which protect the your rights in circumstances where a “Standard” Contract even if an REIQ Contract does not of itself give the Buyer the right to terminate the Contract, for example on the ground of an unsatisfactory Flood search or in the event of an adverse Council Building Approvals or Inspections search
- The correct legal entity is utilized by a Buyer to enter into the Contract especially in the case of investment Contracts, whether the property is to be aquired by the client as an individual, a number of individuals, or under a company or Trust structure from a risk management and Taxation perspective
- The Purchaser client should be appraised of all expected Transfer duty liabilities and out of pocket expenses relating to the transaction such as government search fees and Titles office registration fees, and as to when they must be paid
- In the case of a Seller client it is important that the Contract provides that the Buyer must pay a reasonable deposit PRIOR to the Buyer’s offer to purchase being presented to the seller by the agent
- The Seller should be alerted to any capital gains tax considerations
- Sellers need to ensure they are in a position to provide a clear title to settlement or else risk being sued by the Buyers for breach of Contract.
The fact that a qualified lawyer rather than a paralegal or law clerk is responsible for your file during all stages of the Conveyance, encouraging our clients to consult our solicitors BEFORE the Contract is signed, having our solicitor draw special conditions to protect the client’s rights and offering to peruse and advise clients in respect of their Loan and Mortgage documents, all at no extra cost, are what sets us apart from many of our competitors.
We are able to provide fixed fee conveyancing quotes on request.
The searches conducted in a conveyance will vary depending on the parties to the Transaction and the features of the property, but typical searches we perform in the purchase of an existing building unit include the following:-
Searches could include
- Council – Full rates search (including Flood Search)
- Council Limited Planning & Development Certificate (limited)
- Council Certificate of Classification
- Council Property Notices Search
- Foreign Ownership search
- Current title search
- Registered plan search
- Title check search
- Community Management Statement and Documents Search
- Body Corporate Title Deed
- Contaminated Land search
- Land Tax search
- Main Roads search
- Queensland Transport search
- Powerlink search
- Energex search
- Bankruptcy Search (per seller) or Company serach
- Queensland Building Services Authority search (only required if structure or any improvements are 6 years old or less)
- Fire Safety Search
- Body Corporate Information Certificate
- Body Corporate Inspection (plus 55 cents per page of photocopying)
- QCAT tree dispute search
*The particular circumstances of your transaction will affect the type and number of searches which we will recommend.
