Residential Sales & Purchases

Residential Sales & Purchases

Are you buying a property? 

Buying a property is likely for most people to be one of the biggest purchases you make and a valuable asset. Having a smooth transaction without any expensive surprises is what is required.

 

From our experience most transactions will have stumbling blocks and problems whether it’s a finance issue, negative building and pest reports or simply getting the keys handed over expeditiously the earlier we are involved the better it is, we can help with:

  • conducting government agency searches of the property
  • pool/building/pest inspections to ensure contract conditions are met
  • pre-settlement inspections
  • understanding your body corporate obligations (if you’re buying a unit or townhouse)
  • help you with off the plan purchases
  • give practical information on proposed covenants and easements
  • price negotiations
  • dealing with banks and financers
  • assisting brokers with their requirements to ensure a smooth process
  • understanding contract conditions (and special conditions)
  • keeping the process on track so you settle on the agreed date (and request extensions if needed).

 

The property law team have a strong working knowledge of property legislation and we will ensure your residential or investment purchase is in good hands.

 

Are you selling a property? 

The sale of a residential property can be more complex than you may think.  There are specific legal obligations that a seller must undertake between contract execution and completion.

In our experience, it is very easy (and very much avoidable) for sellers to lose tens of thousands of dollars in otherwise preventable circumstances, simply because they failed to consult with a conveyancing solicitor to properly understand their contractual obligations.

We’ll help you manage your financial and legal obligations and keep things on track.

 

For sellers here are a few things to consider:

  • Sustainability Declarations – any false or misleading information contained in such a declaration can lead to contractual breaches as well as compensation been awarded to the buyer
  • Safety Switches – there are specific legal requirements for sellers in regards to safety switches and declarations will need to be made in transfer documents
  • Smoke Alarms - All new and significantly renovated homes from January 2017 are required to have interconnected Australian Standard 3786-2014 photoelectric smoke alarms (IP smoke alarms) installed in all hallways where bedrooms are connected, and in addition on every level of the home (at the time of construction or alteration).  Requirements for owners of older style homes and units will be phased and IP smoke alarms will be required:
    • from 1 January 2022 in all homes leased and sold; and
    • 1 January 2027 in all other homes
  • Pool Safety Certificates – when selling a home a pool safety certificate must be provided by a licensed pool safety inspector prior to settlement

 

The property law team have extensive knowledge in the hidden problems when selling a residential home and ensure a smooth transaction.