Buying Property

Buying a home is one of the most stressful and expensive things you will ever do. It’s vital that you seek legal advice from someone experienced in property law and who knows the area.

Before You Start

The first round of decisions you will likely need to make is in regard to finance. Make sure you read everything thoroughly, from the pre-contractual statement which outlines the fees and charges to which you’ll be subject to the actual mortgage contract itself. Remember you are entitled to legal advice and are under no obligation to sign anything on the spot.

Pre-Purchase Inspections

Once you have found a property you like, you will need to arrange a pre-purchase building inspection report and perhaps a pest inspection report. These are written reports about the condition of the property and helps you find out any potentially costly problems. You may be able to use this information to negotiate a reduction in the purchase price. If you’re not sure who to trust to do this inspection, talk to us. We are well aware of which inspectors are worth hiring.

Vendor Statement

The Vendor Statement also known as Section 32, is a vital information statement about the property you are looking to purchase, it is imperative that you:

1. Receive it before making an offer,
2. Contact our office to review the statement before making any new moves,
3. Fully understand the contents of the Statement, including your future obligations, liabilities and restrictions if any.

When we review the Section 32 / Vendor Statement, we are looking at the whole picture, if something is odd or missing, we have time to request the mission information or make investigations that otherwise may be too late to change your mind after the fact.

It is also wise to ask for a copy of the contract so we can review it at the same time.

We provide two property reviews within our service fee. Additional reviews have a small fee to cover our time and enquiry.

Making An Offer

If you’re happy to proceed, you can make an offer. You might be asked to pay a small sum as an initial deposit, but this is fully refundable if you don’t end up signing the contract. It does not mean that the property is yours yet either, as the agent can take other offers.

Signing The Contract

If your offer is accepted then take the contract you’ve been given to us and we will discuss your situation. There may be several things that can be negotiated in your favour, and you need to be absolutely clear on your rights and responsibilities before signing.

When you do sign the contract you will need to pay the 10% deposit, unless we have negotiated a special condition otherwise. This is held with the real estate agent and is released to the seller after the property is settled. If you don’t have 10% available we can advise in regard to getting a deposit guarantee in lieu of the cash.

Settlement

After the contract has become binding, we will have a number of tasks to perform including:

• Arranging payment of stamp duty
• Liaising with the lender in regard to the mortgage
• Checking with various government authorities to see if they have a vested interest in the property
• Checking to see if there are any outstanding debts to local council
• Calculating adjustments for council, water and strata rates
• Making final checks on the title

On settlement day we will attend a meeting that will include the seller’s lawyer/conveyancer as well as any lenders involved and the funds will be handed over in exchange for the title and the keys.

Contact us using the attached “Online Enquiry” form to discuss the specific property you are considering buying to arrange a consultation with a conveyancer experienced in property law.

Consider checking out our page on General Advice for Purchasers.