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Conveyancing (QLD and NSW)

Buying a property, whether to live in or for investment, is one of the most important decisions you will make. Let us guide you through this process to ensure your purchase is hassle free and your rights are protected.

Selling Property

The sale of residential property in Queensland under the Property Occupations Act 2014 (“POA”) is now a very complex matter. We recognise that the laws are continuing to evolve and change and we ensure that we are kept up to date with these changes that may have an impact on sellers of residential property. When selling property, our expertise will ensure that any requirements under the POA, and any other relevant laws, are met.

Our services for sellers of property include:

  • Conveyancing (residential - land, houses and units)
  • Large rural residential sales
  • Commercial and industrial property (whether strata titled or not)
  • Compliance with the Property Occupations Act 2016 (Qld)
  • Pre-contractual advice
  • Preparation of complex contracts of sale
  • Refinance settlements
  • Option deed arrangements

Purchasing Property

The process of purchasing residential property in Queensland is primarily dictated by the Property Occupations Act 2014 (“POA”). This process has become quite cumbersome in recent years. Whether as a first home buyer or investor, we provide practical easy to understand advice as to the complex nature of purchasing property from contract stage to settlement. We consider the purchase of property to be one of the most important decisions you will make in your lifetime and we are here to guide you through every step of the way. We remain in constant communication with you from beginning to end.

The introduction of the Australian Consumer Law in 2011 also provides a compliance framewor for unfair contract terms, which sellers and buyers need to be aware of. We take that into consideration when providing our advice to clients.

Our services for purchasing property include:

  • Conveyancing (residential - land, houses and units)
  • Commercial and industrial property
  • Large rural or farm purchases
  • Pre-contractual advice and negotiating terms of contract
  • Refinance settlements
  • Advice on available government grants
  • Advice on stamp duty exemptions and concessions in both Qld and NSW (see below on Foreign Buyers regarding the Additional Foreigner Acquirer Duty that is now applicable in Qld for foreign buyers)
  • Compliance with new laws that have an impact on both sales and purchases, such as the
  • Option deed arrangements (Qld and NSW)
  • Retirement Village freehold title purchases

Off the Plan Purchases

When purchasing property “off the plan” you are contracting to buy a property yet to be constructed and completed. You are not able to view what you are buying like you would if you were purchasing a house or unit already existing. Instead, in an “off the plan” contract you are provided with plans and specifications of what the developer intends to build and construct as the finished product. Our extensive expertise in acting for developers over the years allows us to easily explain to you the nature of an “off the plan” contract and what you may expect from such a transaction from a buyer’s perspective.

Our services include:

  • Pre-contractual advice on the nature of the contract terms and disclosure information
  • Negotiating terms with developer pre-contract
  • Advice on any furniture package documentation applicable
  • Advice on any proposed letting pool arrangements

Foreign Buyers

With the introduction of the Additional Foreigner Acquirer Duty (AFAD) in Queensland in the latter part of 2016, foreign buyers need specialist advice to understand how this will impact on their purchase of real property. Generally, foreign buyers will be taxed at a rate of 7% of the purchase price, known as the AFAD, in addition to the usual stamp duty that is applicable for their transaction. We assist foreign buyers in understanding these laws and how they may apply to contracts of sale, in particular the “off the plan” purchase process that applies in Australia, and provide a detailed, but easy to understand time-line from A to Z for their purchase. We work with the buyer and the developer to negotiate any particular terms required to effect settlement favourably for the foreign buyer.

Our services include:

  • Pre-contractual advice for off the plan purchases
  • Existing and new residential property purchases
  • Commercial acquisitions
  • Assistance with obtaining FIRB approval where required

New Zealand Citizens are in a unique position to other foreign buyers and we have acted for many buyers from New Zealand who have either purchased investment property or relocoated here permanently and made Australian their new home. New Zealand Citizens may be exempt from the AFAD however, there are conditions in order to qualify and we can provide advice to you in this regard.

SMSF

Many prospective investors of real property are turning towards the establishment or use of a self-managed superannuation fund in acquiring such an asset.

We can assist such prospective investors with the following:

  • Establishment of the bare trust documentation required for the relevant acquisition
  • Acting in the conveyance of the purchase from A to Z for the self-managed super fund

Instalment Contracts/Vendor Finance

In this market, some buyers are finding it difficult to obtain funding through major banks and other lenders. For buyers who obtain vendor finance through an instalment contract, it is a means to an end to purchasing property. However, there are pros and cons and such a transaction should not be entered into lightly.

We have acted for both buyers and sellers in these transactions and the structure of such transactions can differ depending on the parties’ intentions.

Our services include:

  • Preparation of instalment contracts for sellers
  • Review and advice on instalment contracts for buyers
  • Preparation of ‘rent to buy’ agreements
  • Caveat preparation and lodgement

Manufactured Homes

We have acted and continue to act for developers who have acquired and developed sites into Over 50’s Resorts, pursuant to the Manufactured Homes (Residential Parks) Act in Qld and the Residential Parks Act in NSW. We also assist these park owners with the ongoing management and operaton of these resorts, including the preparation of relevant sale agreements, site agreements and park rules and special terms, tailored to suit their individual needs. This legislation is constantly changing and has been through a substantial overhaul during 2018 and 2019 and is continuing. We have assisted our clients in updating their documents, procedures, processes and rules to ensure compliance with the legislation at all times.

We also act for buyers wishing to purchase into manufactured home parks both existing and yet to be constructed. As buyers are not purchasing land but rather are acquiring a manufactured home, specialised knowledge and advice in this area is highly recommended and we can certainly provide this service. We have assisted many home owners in purchasing manufactured homes in local and well established manufactured home parks such as 'Seachange Lifestyle Resort' both at Arundel and Emerald Lakes, and Halcyon Waters at Hope Island.

Conveyancing Videos on Talking Law

"All you can eat" Conveyancing - Really???

Is there such a thing as, "all you can eat conveyancing"? We take a look at why cheap conveyancing fees are not the way to go for one of the biggest financial commitments any one can ever make, whether you are buying or selling property. The term, "all you can eat" denotes that you can get as much as you want and take as much as you can, for one fixed fee. Cheap conveyancing fees provide the exact opposite. Buying and selling property is not a simple process, it can be quite complex, due to our lovely laws we must know and comply with, and the intricacies that inevitably play out when buying and selling property. The behaviour and conduct of people in these transactions can very much play a substantial role and if you choose to use a firm that has very little experience, skills and knowledge for cheap cheap fees, then how is that firm going to navigate the choppy waters that often follow with conveyancing. Time to invest properly in one of the biggest financial decisions you can make for you and your family.

How to make your sale contract watertight!

Don't forget to disclose those Services on your land, could have catastrophic consequences for a Seller. Here are some invaluable handy tools for sellers and their agents to use to check their property before going to auction or signing that sale contract. It is all about proper disclosure to a buyer to ensure the buyer has no right to terminate the contract priro to settlement for a lack of disclosure. These tools are so simple to use and the first two links are free, the third one, for the cost of a cappuccino ($6.60) if we do the search for you: Here is the link with the interactive mapping tool called, ‘City Plan interactive mapping tool’ for Gold Coast: https://cityplan.goldcoast.qld.gov.au/eplan/property/0/0/184 Dial before you dig: https://www.byda.com.au/ Develo – Property Search Reports, Instantly!

Qld Econveyancing Mandate! Finally Qld has made it.

From 20 February 2023 Qld will be part of the mandatory econveyancing mandate. Very exciting news indeed. What does this mean for property transactions in Qld? Anyone who doesn't join in, will be out of the game. Take a listen!

 

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