Buying a Property

What is the process of selling a property?

pre-contract inspection
Step 1

PREPARE A CONTRACT AND ADVERTISE YOUR PROPERTY

When you have made the decision to sell your property, you will need to consult us as soon as possible so that we can prepare the contract for sale. You will not be able to advertise your property until a contract for sale has been provided to the agent.

Certain documents must be included in the contract, which include a council zoning certificate (also known as a ‘s 149 certificate’), a drainage diagram showing the location of the sewer lines, a copy of certificate of title confirming who the owner of the property is, and copies of documents creating easements or covenants. We will order these documents for you and include these in the contract for sale.


Step 2

NEGOTIATING AND EXCHANGE OF CONTRACT

Whether you are selling at auction or through private treaty, we will respond to any requests from the solicitors of the purchasers to ensure that we have a contract is agreed by all the parties. Once agreed, two identical copies of the contract for sale are signed by both you as the vendor and the purchaser (Exchange). The purchaser is then obliged to pay the deposit of the purchase price specified under the contract (which is usually 10% of the purchase price). When the payment for the deposit is made, this will then make the contract binding on both parties.

negotiation and exchange of contract

pre-settlement
Step 3

PRE-SETTLEMENT

Under new changes to the property law, all sellers of property must:

  • Include a land tax certificate.
  • Provide a capital gains withholding certificate if the sale price is more than $750,000.
  • Provide a GST notification if it is a new dwelling being sold.

As experienced lawyers, we are up to date with all the changes to property law, and will arrange for all of the above requirements to be obtained so that you do not have to stress.


Step 4

SETTLEMENT

After settlement, you will relinquish the keys and legal rights of your property once all of the sale price has been paid to you. At this stage, full ownership will have completely transferred to the purchaser.

settlement

What is included in our legal service for acting on a sale?

  • To facilitate the marketing of your property with your agent.
  • Negotiate the terms of the contract for sale to an agreed position with your purchaser.
  • Assist you to sign and exchange contracts.
  • Attending to all conveyancing procedures and arrangement of settlement.
  • Preparing the contract for sale, including the ordering of all the relevant title, plans and certificates required to be included in the contract.
  • Liaise with your agent, your discharging lender and the purchaser’s solicitor/conveyancer.
  • Finally, achieving settlement on the sale of your property and receiving of the proceeds from the sale.

We are here to help

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