House Sales & Purchases
Buying and selling property
Homes – Land – Units – Commercial – Buying and selling property will be one of the most important financial transactions you make. To be confident in your decision, do not sign any contract without first seeking our expert legal advice.
Property Transfers or Conveyancing
Property transfers or conveyancing are terms used to describe the transfer of ownership of property from seller to buyer. The Land Title Act 1994 is the main piece of legislation governing the transfer of property in Queensland.
A standard contract for the transfer of property has been developed by the Queensland Law Society and the Real Estate Institute of Queensland.
When you find the property you wish to buy, the agent will usually ask you to sign the standard contract.
Seek advice before you sign
Be warned. No standard contract can deal with the individual circumstances of every transaction. For instance, you may need to add special clauses to the standard contract to cover your particular circumstances, for example, your purchase may depend on the sale of your existing property.
You should also consider the entity you are purchasing the property in.
Please fax or email a copy of the draft contract to us before signing and we will discuss your needs with you immediately.
When buying a property
If you are buying a residential property you will have a 5 day cooling off period. The cooling off period expires 5 days after you or we receive a fully signed copy of the contract.
If you wish to terminate the contract, waive the cooling off period or shorten the cooling off period, we suggest that you contact us immediately. If you terminate the contract during the cooling off period, you are liable to pay 0.25% of the purchase price to the seller as a termination fee.
- check the title and plan of the land for easements, caveats, and other encumbrances;
- prepare all documents and make sure you gain good title to the property you are buying
When selling a property
Once a buyer has signed and paid a deposit, you will be handed the standard contract to sign. Before signing, speak with us about:
- the inclusion of fixtures and fittings;
- any alterations you have made to the property;
- the date of settlement and, if relevant, the timing of any new purchase;
- GST, capital gains tax and general tax implications; and
- any encumbrances (such as easements) on the property
Up to the date of settlement, we will:
- check that all documents you are required to sign are in order;
- ensure all outstanding government charges such as water rates have been paid;
- arrange for the repayment and legal discharge of any mortgage on your property; and
- ensure you are paid in full for the property.
Our service to you
We appreciate the importance of your personal affairs. Throughout our relationship you will receive expert guidance to assist you in your decisions. Our experienced team will be responsible for preparing any documents relevant to your transaction and will meet you personally to discuss your wishes.
We guarantee professionalism, personal service and knowledge. If you are not 100% satisfied with the quality of our service, we will do whatever is necessary to achieve your satisfaction.
Where to from here?
Contact us to find out how we can assist you.