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Celebrating 20 years in business



PHONE:
0438 635 829

EMAIL:
melanie@ulladullaconveyancing.com.au



ARE YOU BUYING OR SELLING A PROPERTY IN THE SHOALHAVEN?

If so, you will need to use either a Solicitor OR Conveyancer to do the conveyancing for you
to change over the ownership of the house, unit or block of land.



HERE ARE THE REASONS WHY YOU SHOULD USE ULLADULLA CONVEYANCING...




* Melanie is a Licensed Conveyancer and Justice of the Peace and has over 25 years experience in Conveyancing.


* Melanie has owned and operated Ulladulla Conveyancing since 2006 – starting it when she was just 23 years old.


* Melanie grew up in Lake Conjola and apart from living in Sydney for 4 years to work and study at Macquarie University as well as living & working in London for a year – she has been a local her whole life. Melanie is currently raising her family in Lake Conjola.


* Ulladulla Conveyancing is a member of the Australian Institute of Conveyancers, is a registered agent for the Office of State Revenue and is a subscriber to PEXA.


* Ulladulla Conveyancing has won loads of business awards and has successfully completed thousands of matters.


* A fixed fee is charged to avoid hidden costs.



SCHEDULE OF FEES



Schedule of Fees for a Sale





SALE OF RESIDENTIAL PROPERTY:



Fixed Conveyancing Fee

(including GST

& usual disbursements)



$2,750.00



This amount is payable in 2 instalments being:


~ $750.00 upfront for the preparation of the Listing Contract so that the agent can market the property for sale.


~ $2,000.00 deducted at Settlement from the sale proceeds

​___________________________


* If the property does not sell within 12 months of preparing the Listing Contract, an updated Contract will need to be prepared and the initial fee of $750.00 will be forfeited.



Fixed Fee Excludes:


- LRS Registration Fees on Transfer,

Discharge of Mortgage etc.

(current cost is $182.73 per document)

- PEXA Online Settlement Fee

(current cost is $146.30)



Schedule of Fees for a Purchase





PURCHASE OF RESIDENTIAL PROPERTY:



Fixed Conveyancing Fee

(including GST

& usual disbursements)



$2,750.00



This amount is payable at Settlement




Fixed Fee Excludes:


- Building/Pest Inspection Reports


- Strata Inspection Report & Strata Certificates


- Survey Report & Building Certificate


- Title Insurance Policy


- LRS Registration Fees

on Transfer & Mortgage

(current cost is $182.73 per document)


- PEXA Online Settlement Fee

(current cost is $146.30)







INFORMATION FOR SELLING





It is law that a complete Contract must be available before a real estate agent (or yourself if selling privately) can advertise your property for sale.


Once you have decided to sell your property, Melanie will take instructions from you over the telephone (which usually takes approx. 10 minutes).


Melanie will then order all of the required searches/certificates for the Contract on the same day that she takes instructions from you to ensure that the Contract is prepared and emailed to either you or your Agent without delay.


Once an offer has been accepted by you, the agent (or yourself if selling privately) will advise Melanie of the details and she will then email a copy of the Contract to you for you to sign and send a copy of the Contract to the purchaser's solicitor/conveyancer.


An exchange of contracts should then usually take place within approximately 2 weeks.


EXCHANGE


Once the purchaser's solicitor/conveyancer has reviewed the Contract (and possibly asked questions or requested amendments to the Contract), completed the searches/enquiries, made sure the purchaser's finance is arranged and had the Contract signed by the purchaser - contracts can then be "exchanged" which will result in a legally binding agreement.


The exchange takes place after the contracts are swapped i.e. the owner is given the purchaser's contract and the purchaser is given the owners contract and the purchaser has handed over the deposit. This is now usually all done via email.


Completion/Settlement will then usually take place within 6 weeks, which is when your mortgage will be paid out and you will receive the balance purchase price and will have to hand over the keys.


Once an exchange of contracts has taken place, Melanie will complete all necessary documentation on your behalf and arrange for your Bank to release the mortgage, if required.


SETTLEMENT / COMPLETION


Completion (also known as settlement) is when the purchaser pays the balance of the purchase price, becomes the legal owner and collects the keys before moving in.


Settlements are now done online via PEXA and the balance proceeds of sale will be transferred into your bank account as cleared funds within a few hours of settlement taking place.


To avoid a cyber crime attack, Melanie has processes in place to ensure this does not happen - such as dual authentication - so clients are never to rely solely on email instructions when transferring funds.


If you are buying a house on the same day using the funds from the sale of your current house, this is called a Simultaneous Settlement. Melanie can act on your behalf for a Simultaneous Settlement and will co-ordinate settlement to go through smoothly.



INFORMATION FOR BUYING



THE CONTRACT


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.


PROPERTY INSPECTIONS


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. $800.00)


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. $600.00)


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. $500.00)



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. $1,500.00)


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: www.stewartau.com 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.





EXCHANGE OF CONTRACTS


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.


Once "exchange" takes place - 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.


STAMP DUTY


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.


If you are a First Home Buyer you may be eligible for benefits and there are sometimes various other exemptions/concessions 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.


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.



PRIVACY POLICY



Melanie Guise (trading as Ulladulla Conveyancing) (ABN 70 881 871 974) takes the protection of personal information seriously. This Privacy Policy explains how we collect, hold, use and disclose personal information in connection with our conveyancing services. It is prepared in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). In this policy, “AML/CTF Act” means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). As a small business reporting entity under s 6E(1A) of the Privacy Act 1988 (Cth), this practice is subject to the Privacy Act in connection with its AML/CTF obligations. This policy covers personal information handled in connection with conveyancing matters, including personal information collected simultaneously for AML/CTF and conveyancing purposes, which describes most client identity and verification records. Personal information handled for business activities entirely unrelated to AML/CTF obligations and conveyancing matters is not covered by the Privacy Act for small business operators, but may remain subject to applicable legislation and professional obligations. This policy applies to personal information we collect about our clients and other individuals involved in their property transactions. References to "you" in this policy include those individuals where the context permits. It should be read alongside our Privacy Collection Notice, which is provided to clients at the start of their matter. Under APP 2, individuals may interact with us anonymously or using a pseudonym where this is lawful and practicable. However, this is not possible where we are required to verify identity under the AML/CTF Act or applicable conveyancing legislation. Due to these legal obligations, it is not practicable for us to provide conveyancing services to individuals who have not identified themselves.2. Who we are: Melanie Guise (trading as Ulladulla Conveyancing) is a licensed conveyancing practice operating in NSW. We provide conveyancing and property settlement services to individuals and entities buying, selling and transferring real property. Our privacy contact is Melanie Guise. You can reach Melanie at melanie@ulladullaconveyancing.com.au or phone 0438 635 829.3. What personal information we collect: We collect personal information that is reasonably necessary to provide conveyancing and property settlement services. This includes: – full name, date of birth and residential address – contact details, including phone number and email address – identification documents, such as driver's licence and passport details – identity verification data, including facial images or biometric data, which may be collected directly from you by a third-party identity verification service we engage for this purpose (see Section 4) – financial account and payment details relevant to your property settlement – details of the property being bought, sold or transferred – information about your personal circumstances where relevant to your matter, such as information relating to a deceased estate or a relationship breakdown – details of other persons involved in your matter, such as a co-purchaser, co-vendor, mortgagee or beneficiary – sensitive information collected for AML/CTF compliance purposes, which may include information about your political opinions or membership of a political association where required to assess whether you are a politically exposed person (PEP), and information about your criminal record where relevant to AML/CTF risk assessment (see Section 4) We collect only the personal information we reasonably need. We do not collect personal information indiscriminately.4. Sensitive information: Some of the information we collect, or that is collected on our behalf, is sensitive information under the Privacy Act 1988 (Cth). This may include: biometric data such as a facial image, collected as part of the identity verification process information about political opinions or membership of a political association, collected where required to assess whether you are a politically exposed person (PEP) under our AML/CTF obligations and information about criminal record where relevant to AML/CTF risk assessment. We collect sensitive information only where it is reasonably necessary for your conveyancing matter. In most cases, we will seek your consent before collecting sensitive information. However, in some cases we may collect sensitive information without consent where collection is required or authorised by law, including under the AML/CTF Act, for example where collection is necessary to assess PEP status or conduct sanctions screening. Where we collect sensitive information on this basis, we will generally tell you at the time of collection. We take additional steps to protect sensitive information and handle it in accordance with our obligations under the APPs. Where we rely on your consent to collect sensitive information, including biometric or identity verification data, you may notify us at any time that you wish to withdraw that consent. Please note, however, that we are required by law, including under the Electronic Conveyancing National Law, the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) Model Participation Rules and applicable state conveyancing legislation, to retain evidence of verification of identity for at least seven years from the date of lodgement of the relevant registry instrument. This obligation exists independently of your consent and cannot be overridden by a withdrawal of consent or a request for erasure. Where personal information is not subject to a mandatory legal retention obligation, we will give effect to a withdrawal of consent as soon as reasonably practicable after receiving your request. Withdrawal of consent in relation to identity verification may affect our ability to continue to provide conveyancing services to you.5. How we collect your information: We collect most of your personal information directly from you during the onboarding process, by phone, email or in person. We may also collect information about you from third parties where this is necessary for your matter. Third-party sources may include: – real estate agents – financiers, lenders and mortgage brokers – the other party's conveyancing or legal representative – title insurers and settlement agents – e-conveyancing platforms, including PEXA – land registries and government agencies – third-party identity verification providers: we may direct you to a third-party identity verification service to complete the identity verification process required by law. That service will collect your identity documents and may collect a facial image or biometric data directly from you. We take reasonable steps to select identity verification providers that handle your information in accordance with Australian privacy law. The provider also operates under its own privacy policy, which we encourage you to read. Where we collect information about you from a third party, we take reasonable steps to ensure you are made aware of that collection.6. Why we collect and use your information: We collect and use your personal information to: – provide conveyancing and property settlement services to you – verify your identity: we are required by law to verify your identity before providing conveyancing services to you – prepare and lodge documents with land registries and government agencies – communicate with third parties involved in your matter, including the other party's representative, your financier and real estate agents – comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), including: conducting customer due diligence and verifying your identity before providing designated services monitoring transactions and making reports required by law to AUSTRAC (the Australian Transaction Reports and Analysis Centre) and meeting record-keeping obligations under that Act – manage, administer and improve our practice, including maintaining records, managing files, improving internal processes and service delivery – respond to your enquiries and manage our relationship with you – contact you about our services where you have not opted out (see Section 13 if included) We will not use or disclose your personal information for a purpose other than the purpose for which it was collected unless you have consented or an exception under the APPs applies.7. Who we share your information with: We may disclose your personal information to the following types of recipients: – land registries and government agencies – the other party's conveyancing or legal representative – your financier, lender or mortgage broker – real estate agents involved in your matter – title insurers and settlement agents – e-conveyancing platforms, including PEXA – third-party identity verification providers – AUSTRAC (the Australian Transaction Reports and Analysis Centre) and other regulators, where required by law – our professional advisers, including accountants and insurers – cloud-based software providers and AI tools we use to manage our practice (see Section 8) We will not sell your personal information to any third party. We are prohibited by law from notifying you if we have made, or are considering making, a report to AUSTRAC under the AML/CTF Act. We may also be prohibited from disclosing the reasons for declining to answer certain questions or for refusing certain access requests. This is a legal obligation under section 123 of the AML/CTF Act and is not within our discretion. Practice sale or transfer: If our practice is sold, merged or transferred, your personal information may be disclosed in confidence as part of a due diligence process and may transfer to the new owner as part of the transaction. We will take reasonable steps to notify you before your personal information becomes subject to a different privacy policy.8. Offshore storage and processing: We may use cloud-based software and AI tools to manage our practice. Some of these tools may store or process personal information on servers located outside Australia. This means your personal information may be held or processed in another country. We take reasonable steps to ensure that offshore service providers handle your information in a way that is consistent with Australian privacy law. However, once your information is held offshore, it may be subject to the laws of that country, including laws that allow government agencies in that country to access it. Under Australian Privacy Principle 8, we remain accountable for the handling of your personal information by overseas recipients. These providers may operate in countries including the United States, Ireland and other countries where cloud infrastructure is commonly hosted. Please ask us if you would like more information about the offshore providers we use.9. How long we keep your information: We will keep your personal information contained for a minimum of seven years from the completion of your matter, in accordance with the Conveyancers Licensing Regulation and the Conveyancing Rules made by the Registrar General under Section 12E of the Real Property Act 1900 (NSW). To protect your privacy and meet our compliance obligations under the Privacy Act 1988 (Cth), the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and the Conveyancing Rules, we apply a strict document retention and destruction protocol to your records: • Identity verification and compliance records: All highly sensitive personal information collected solely for Verification of Identity (VOI), including copies of passports, driver’s licences, birth certificates, and AML/CTF search results, will be held securely for a strict period of seven years. Upon the expiration of this mandatory seven-year statutory period, these specific identity documents and compliance data will be permanently and securely destroyed. • General Matter Files: After the seven-year mandatory period has elapsed, we may continue to retain general file records, including correspondence, contracts and transfer documents, securely for the purpose of managing our legal and professional obligations. Files retained beyond the mandatory period are subject to periodic review and will be destroyed once they are no longer needed for that purpose. We regularly review our electronic archives to ensure that any retained information is proportionate, secure, and limited strictly to what is necessary to manage legal risk.10. How we protect your information: We take reasonable steps to protect the personal information we hold from misuse, interference, loss, and unauthorised access, modification or disclosure. Our security measures include: – password-protected systems with access limited to authorised staff – encrypted file storage and transmission where practicable – staff training in privacy obligations and data handling – physical security measures for any paper-based records If we become aware of a data breach that is likely to result in serious harm to any individual, we will take immediate steps to contain the breach, assess the risk of harm, and notify the affected individual and the OAIC as required under the Notifiable Data Breaches scheme (Part IIIC, Privacy Act 1988 (Cth)).11. Accessing and correcting your information: You have the right to request access to the personal information we hold about you, and to ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading. To make a request, contact our privacy contact using the details in the "Contact us" section at the end of this policy. We will respond within a reasonable time and in a manner that meets your needs where possible. We will not usually charge a fee for an access request, but we may charge a reasonable fee where the request requires significant time or resources to fulfil, or where a request is manifestly unfounded or excessive. We will tell you about any fee before proceeding. Additional restrictions on fees may apply to clients located in the UK, EU or EEA under the GDPR or UK GDPR. There are limited circumstances in which we may refuse an access or correction request. If we refuse, we will give you written reasons and information about how to complain.12. Changes to this policy: We may update this Privacy Policy from time to time to reflect changes in our practice, our technology or the law. The current version of this policy is available on our website at www.ulladullaconveyancing.com.au and/or on request from our office. Where we make a material change to this policy, we will take reasonable steps to notify affected clients, including by publishing the updated policy on our website.13. Complaints: If you believe we have not handled your personal information in accordance with the Australian Privacy Principles, we encourage you to contact Melanie Guise in the first instance. We take privacy complaints seriously and follow this internal process: – Acknowledgement: We will acknowledge receipt of your complaint within seven days. – Investigation: Our privacy contact will review the circumstances of the complaint, assess our compliance with the APPs and our internal procedures, and may contact you for further information. – Response: We will provide you with a written response setting out the outcome of our review and any steps we propose to take within 30 days of receiving your complaint. If you are not satisfied with our response, or if you do not wish to raise the matter with us directly, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC): – Website: www.oaic.gov.au – Phone: 1300 363 99214. Clients located or resident in the United Kingdom, European Union or European Economic Area If you are located in the UK, EU or EEA, or a resident of the UK, EU or EEA, please ask us for a copy of our GDPR Privacy Notice, which sets out your full rights and our obligations in more detail. Please note that your personal information is held in Australia, which, as at the date of this policy, is not a country recognised by the EU as providing an adequate level of data protection. Where required, we rely on appropriate safeguards permitted under the GDPR, such as your explicit consent to the transfer, or the necessity of the transfer for the performance of a contract between you and us. We also handle your information in accordance with the APPs and take reasonable steps to protect it. If you are located in the United Kingdom (UK), European Union (EU) or European Economic Area (EEA), or are a resident of the UK, EU or EEA, the EU General Data Protection Regulation (GDPR) or UK General Data Protection Regulation (UK GDPR), as applicable, may apply to the personal information we hold about you, in addition to the Privacy Act 1988 (Cth). In addition to your rights under Australian privacy law, you may have the following rights under the GDPR: a. The right to withdraw consent: where we process your personal information on the basis of your consent, including consent to the processing of biometric or identity verification data under Article 9(2)(a) of the GDPR, you may withdraw that consent at any time by contacting us using the details in the "Contact us" section. Withdrawal of consent does not affect the lawfulness of any processing carried out before the withdrawal. Important: We are required under Australian law, including the Electronic Conveyancing National Law and ARNECC Model Participation Rules, to retain identity verification records for at least seven years. This is a legal obligation that applies regardless of any withdrawal of consent or request for erasure. If you do not accept this requirement, you must inform us as we may need to decline to act for you. Where information is not subject to such an obligation, we will give effect to a withdrawal of consent as soon as reasonably practicable. b. the right to object to certain types of processing c. the right to data portability d. the right to restrict our processing of your personal information e. the right to rectification of inaccurate or incomplete personal information f. the right to erasure of your personal information in certain circumstances (however see paragraph (a) above for circumstances where this may not be possible) g. the right to access the personal information that we hold about you If you are a UK, EU or EEA resident, you also have the right to lodge a complaint with the relevant data protection authority (in the UK, the Information Commissioner's Office in the EU or EEA, your local supervisory authority). Clients with complex UK, EU or EEA privacy needs are encouraged to seek independent legal advice from an adviser with expertise in UK or EU privacy law.15. Contact Melanie for any questions about this Privacy Policy or how we handle your personal information.