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.
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.

QUEENSLAND RESIDENTIAL CONVEYANCING PACKAGES

Pricing

Please contact our office to obtain a personalised fixed fee quote.

What is not included beyond the standard fixed fee above:

1. Bank Cheque Fees – Please note that if you are required to use our trust account there will be additional charges for use of our trust account and for the cost of the bank cheque fees. Usually this fee is a minimum of $50.00. As you can appreciate, we are charged by our bank for use of this trust account and therefore need to pass this on to you.

2. If you do not have an incoming financier and are a cash buyer please note that our office is required to attend to the registration of your Transfer documents after settlement and that we charge a Professional Fee for Lodgement of Transfer Documents at Titles Office which allows us to attend the titles office on your behalf of $66.00 (inclusive of GST)

3. If your bank requires a Priority Notice to be lodged at Titles office please note that the cost of this is an additional $68.00.

4. We also advise that should your purchase involve Super Fund or Trust Name that we will charge an additional Professional Fee of $400.00 + GST to allow for this additional work involved in booking settlement with your bank and dealing with the transfers. Please note that we do not provide advice as to the establishment of the trust and we do not provide any legal and or financial advice as to the suitability, eligibility or financial viability or purchase under a trust.

5. Should your purchase involve an amendment to the contract purchase price or rebate negotiated after the execution of the contract then our professional fees for this additional work will be $190; if a Deed of Rescission or Variation is required then additional professional fees in the sum of $400.00 will apply. Please note that these fees are GST exclusive.

6. Please also note that our estimated fees quoted to you are for a standard conveyance and that this will not cover extensive building and pest inspection negotiations, extension and legal advice in relation to building and pest conditions. Please request an estimate of fees for building and pest disputes at the time.

7. Extensions of time for Settlement where settlement is extended more than one time. As you can imagine there is a substantial amount of work involved in rebooking settlement and even negotiating an extension of time for settlement which is a contractual date to meet. If we are required to extend settlement more than once we will charge an additional professional fee of $110.00 per extension request.

8. Extensions of time for other contract due dates more than once. If we are required to keep extending due dates we reserve our rights to charge an additional professional fee of $35.00 per extension request. It is important to work together as a team to ensure that due dates are met on time and to minimise the amount of extensions required by giving consideration to the amount of time which is actually required when you need an extension.

NSW, VICTORIA, WESTERN AUSTRALIA CONVEYANCING PACKAGES

We offer a fixed professional fee of $990.00 plus any searches and outlays in your matter. Contact our office for a price on your searches for your matter as this is dependent on your property.

Get in touch with us

Call us today and speak to one of our qualified Property Lawyers and experienced Conveyancing staff.