Ulladulla Conveyancing will complete ALL the legal work involved when buying a property and assist you every step of the way
INCLUDED IN THE FIXED FEE Melanie will also process all stamp duty grants/exemptions
The law states that there must be a Contract in place before residential property is offered for sale. This means that if you are shown a property you can ask to see the Contract before you make your decision to buy it.
The Contract contains all the legal obligations that you are committing to and discloses some problems there may be with the property. It is Melanie's job as a conveyancer to advise you in relation to all aspects of the Contract.
Melanie recommends that you get a property inspection report done by an independent inspector before signing the Contract.
There are many different types of inspections that can be carried out (all of which are not compulsory):
Building Inspection Report - A building inspection report is a visual inspection that looks at the structure of the home and will detail the defects and advise if there are any repairs that are needed to the property (cost approx. $275.00 - $350.00)
Pest Inspection Report - A pest inspection report is a visual inspection to see if there is any evidence of termites, termite damage or conditions that are conducive to termite attack (cost approx. $250.00)
Strata Inspection Report - If you are purchasing a unit/apartment within a Strata, Community or Neighbourhood plan (where levies are paid for the upkeep of common property) an inspection is carried out on the financial and minuted records of the Body Corporate. This is necessary to determine whether or not the Body Corporate is underfunded or may have other risks that are not evident from just looking at the property. (cost approx. $300.00 - $350.00)
Survey Report - A survey report will identify where the structures (i.e. house, shed, swimming pool etc.) have been built on the land in comparison to where the actual legal boundaries are. This is required in case part of a structure is built on a neighbour's property and/or a neighbour's structure is built on the land that you are buying. An up to date survey is also required if you want to get a Building Certificate from Council (cost approx. $750.00)
Building Certificate - A building certificate is obtained from the local Council and is a certificate guaranteeing that all of the buildings erected on the property either have been approved or would be approved by Council (cost approx. $250.00)
Title Insurance - The protection under a title insurance policy is broad, providing cover for loss arising from certain unknown defects which are pre-existing to your ownership. The policy would cover illegal structures that have been erected, survey errors, boundary disputes, unregistered easements, access problems, zoning problems, fraud etc. The premium is a one-off payment. If you would like further information about this insurance visit the website Stewart Title or contact Melanie and she will send you a brochure.
Other Inspections - Other types of inspections and reports can be obtained for a variety of things if it is deemed necessary. The other types of reports (although not limited to these) are: Smoke/Appliance tests, Engineers certificate, Swimming Pool report.
For more information on property Inspections click here
Once you are satisfied with your inspections and you have the money available to purchase (or if borrowing from a Bank you have received an unconditional loan approval) Melanie will meet with you to explain and sign the Contract. If you are happy with the contents of the Contract, you can then pay your deposit and contracts can be "exchanged". Until Contracts are physically exchanged, there is no legally binding agreement in place. The exchange takes place after both the owner and purchaser have signed their respective contracts and the purchaser has handed over the deposit. To effect an exchange, Melanie will meet with the seller's solicitor/conveyancer (or receive the Contract via email) and both Contracts will be compared to ensure they are identical and the contracts are then swapped i.e. the owner is given the purchaser's contract and the purchaser is given the owners contract. The "exchange" has then taken place and the Contract is legally binding on both parties.
DEPOSIT / DEPOSIT BOND
The deposit which is required to be paid at exchange of contracts is 10% of the purchase price. The deposit is usually transferred into the agent's trust account.
On some occasions it may be possible to negotiate payment of only a 5% deposit.
If you do not have a 10% cash deposit you can order a Deposit Bond.
A Deposit Bond is basically an insurance policy in favour of the seller, for which you pay a premium, and if you decide not to go ahead with the purchase after exchange, the seller will then claim the 10% from the insurance company. If you would like more information about deposit bonds click here
Stamp duty must be paid at or before settlement and is payable on most contracts for the sale of property. It is paid to the NSW Government and is based on a scaled formula. To work out how much stamp duty will be payable on your purchase click here
If you are a First Home Buyer you may be eligible for benefits and there are sometimes various other exemptions/concessions currently available so please discuss your situation with Melanie and she can find out whether you are eligible for any, which could save you thousands in stamp duty.
Melanie will organise and process the applications for the grants and exemptions at no extra charge.
SETTLEMENT / COMPLETION
Your contract will have a completion period (normally 6 weeks) from the date that it is exchanged. However, this period can be shortened or lengthened by negotiation before you sign the Contract.
On the completion date (also known as settlement) Melanie will arrange for the settlement to be done online via PEXA. For more information on the process, please have a read of the factsheet titled 'Timeline for a Purchase' under the factsheet tab on this website. Once settlement has taken place, your name will be instantly recorded as owner of the property on the deeds and you can collect the keys and move in to the property immediately following settlement. Settlements usually take place at 2pm.
SIMULTANEOUS SALE & PURCHASE
If you are buying a house using the funds from the sale of your current house this is called a Simultaneous Settlement. Melanie can act on your behalf and will co-ordinate your sale and purchase settlement to go through smoothly.