Buying and Selling Properties

Have you found a property to buy? Or are you selling your properties?

Buying or selling a residential, commercial, or industrial property is one of the most important decisions a person can make. We respect that at Auslaw Partners and our experienced team provides comprehensive legal advice in all aspects of property law and conveyancing. Our conveyancing staff strive to ensure that your property matter is dealt with in a smooth and efficient manner, and we offer a fixed price fees regardless of whether buying or selling.

Buying and selling a property will be one of your most important financial transactions. When buying property, it is essential that transfer to your name goes smoothly. This detailed step by step process is called “Conveyancing”. Our depth of legal and conveyancing experience combined has helped many people to complete their property purchase with ease.

When buying or selling commercial real estate there are many issues to consider. We can assist you in negotiating special conditions for your contract that reflect your plans and protect you from risks. We can also help you conduct your due diligence investigations including reviewing associated leases and service contracts and conducting appropriate searches. Our experienced team can help guide your important investment decisions.

To be confident in your decision, and to ensure that no avoidable costs or issues arise, Auslaw Partners provide advice before contract signing.

We provide fast, competitively priced conveyancing works for house sales with a personally tailored service.

If you are purchasing a property, we can help you:

• • Provide peace of mind by reviewing your contract of sale: We can review your draft contract prior to you signing to advise you on the terms and any adverse terms and conditions present in the contract.
  • Help you manage time limits: We will keep you informed on key due dates and provide you with reminders on the day that the conditions of the contract become due. In relation to Settlement progress, we will provide you with regular updates so you know what to expect and when to expect it.
  • Perform Title searches on your behalf: We will provide you with copies of initial searches, undertake searches for Settlement, and undertake the pre-Settlement Title check to ensure that no changes have been made to the Title from the time that you entered into the contract to the Settlement Date.
  • Assist First Home Buyers: We will provide you with legal advice on whether you clarify for a concession on your stamp duty. If you do, we will draft your first home transfer duty concession forms. We are self-assessors for stamp duty so we will assess your concession in-house.
  • Prepare you for Settlement: If the contract goes unconditional, we will prepare the Transfer Documents, prepare the Settlement figures, and supply copies of signed documents to your financier if they request these from us. If you do not have a financier, we will provide an estimate of funds required for Settlement. As we have a trust account, we can receive your Settlement funds into our trust account and draw bank/trust cheques for Settlement on your behalf. Alternatively, we will liaise with you to bring the relevant cheques into our office prior to Settlement. We are conveniently located close to the major banks in the CBD and close to the train station, so it is easy to visit our office if that is your preference.
  • Assist with the completion of Settlement: We will attend Settlement of your matter personally if completion is due to occur in the Brisbane CBD. If your settlement is occurring regionally, we will arrange for a Settlement Agent to attend on our behalf. Once Settlement has been effected, we will notify the Real Estate Agent and authorise them to release the keys to you. If cheques are received at Settlement for outstanding bills, we will send these to the necessary authority, so everything will be up to date when you move in.
  • Ensure transfer of ownership proceeds smoothly: If you do not have a financier, we will attend the Titles Registry to lodge the Transfer Documents, which will transfer the legal ownership to you. If you have a financier, they will lodge the Transfer Documents along with their mortgage at the Titles Registry.
  • Liaise with the Body Corporate: If you are purchasing within a community management scheme, for example, a unit or townhouse, we will notify the Body Corporate of the change of ownership to amend the body corporate roll.

If you are selling a property, we will:

• • Review your contract of sale: We can review your draft contract, prior to you signing, to advise you on the terms and any adverse terms and conditions present in the contract.
  • Advise you due dates: If the Buyer is satisfied with the conditions of the contract, we will apprise you on key due dates. If we do not receive notice from the Buyer on the due date of a condition, we will advise you of your legal rights under the terms of the contract.
  • Prepare you for Settlement: If the contract goes unconditional, we will send the Transfer Documents to you for execution, including instructions on how to execute. If you are overseas, we will advise you of the additional execution requirements. We will ask the Buyer for copies of their search results, prepare the Settlement figures, liaise with your outgoing mortgagee to book in Settlement and ask them for the payout figure on the loan.
  • Assist with the completion of Settlement: We will liaise with the Real Estate Agent to ensure the deposit has been paid and ascertain if any commission is required to be paid at Settlement. We will attend the Settlement if completion is due to occur in the Brisbane CBD. If your Settlement is occurring regionally, we will arrange for a Settlement Agent to attend. We will notify your Real Estate Agent that the Settlement has been effected and authorise the balance of the deposit to be refunded to you after the Agent’s commission has been deducted.
  • Manage sales proceeds received at Settlement: If cheques are received at Settlement for the sales proceeds, we will bank these into your nominated account as a matter of priority.

Disclaimer: the materials presented on this website are distributed by Auslaw Partners as an information source only. Auslaw Partners make no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information contained in this publication. Despite our best efforts, Auslaw Partners makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Auslaw Partners disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.