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Conveyancing

If you are asking yourself this question, then rest assured you are not the only one out there!

Many people when they reach the stage of buying or selling a property for the first time are often asked by the Agent, " So which Solicitor is acting for you for the Conveyancing?", to which most first home buyers just like yourselves may reply , "I wasn't aware I needed a Solicitor, let alone someone who does this Conveyancing?".

Conveyancing is the process by which the ownership of a property is transferred to the other party being either the Buyer or the Seller which will be finalised by the registration of the new title details with the Land Titles Office who maintain a record of land interest in Queensland.

  1. The fun begins when you have a fully signed Contract of Sale and we will obtain a copy of this Contract;
  2. We then ensure that you meet any due dates under the Contract such as the Cooling Off Period, Finance Approvals, Building and Pest Inspections or any other Special Conditions you may require in the Contracts.

    Time is off the essence with all due dates under the Contract so it is important that we keep in touch to monitor the progress of your contract.
  3. Conducting appropriate Searches on the property as recommended by the Queensland Law Society which will provide you with peace of mind in relation to Council requirements, Main Roads, Land Tax and any other additional searches which you may request that we order on your behalf that you may have particular concerns about.

    It is important to remember that if you do not include the appropriate special conditions in your contract you may find that you do not have any rights to end the contract so it is important to contact your Conveyancing Solicitor well before you sign the Contract in case you need some personalised Special Conditions included in the Contract;
  4. Organising Settlement which includes calculating funds required for settlement including making adjustments for outgoings such as rates, water, body corporate and many other various adjustments, booking your banks as required, attending settlement on your behalf and ensuring that all require Forms are prepared and signed in readiness for Settlement as required by the Land Titles Office Queensland and any other associated bodies at the time of settlement.

    Settlement occurs on the due date at an allocated time agreed by all parties including the releasing bank, advancing bank, buyers solicitors, sellers solicitors and any other party relevant to the transaction. This is where the exchange of monies, Transfer Forms and other relevant paperwork is exchanged in order to Transfer the property.
  5. Arranging for payment of any Stamp Duty Payable under the Contract. We will advise you of the amount payable and attend to stamping on your behalf with the Office of State Revenue.
  6. Post settlement, it is important to note that if you have an advancing bank taking a Mortgage over the property that they will usually attend to the transfer of the title with the Land Titles Office on your behalf. Should you require we are able to advise you once registration has occurred and forward a copy of the title search noting your ownership.

    If you are buying a property in cash then we will look after the Registration of the Transfer and any other relevant documents required after settlement is effected

    Once the Transfers are lodged and registered with the Land Titles Office this is when the Local Authorities will be notified of the change of ownership on the property.

    Usually the Local Authority will also issue a change of ownership fee which is payable by the new owner of the Property.