Buying

Fixed price solution of $999 plus searches.
If you don't settle, you don't pay.

Why do I need a lawyer?

Conveyancing in Queensland is complex and is affected by at least 20 different pieces of State and Federal legislation, contract conditions, extensive case law and practice guidelines.

Additionally, time is of the essence in your contract. This means that failure to meet the deadlines could have serious legal and financial consequences for you. For example, the seller may become entitled to terminate the contract, keep your deposit and claim compensation from you.

Many things in a conveyance may not go as expected. You need an experienced lawyer on your side.

The process

You’ve found your dream home and agreed a price, what’s next?

  1. Usually, the agent will prepare a contract and arrange for it to be signed by both parties. If there is no agent, we can assist you with this step.

  2. Once the contract is signed, you will usually be required to pay the deposit to the agent (or the seller’s lawyer if there is no agent).

  3. The property will be at your risk from 5pm on the first business day after the contract is signed. This means you should immediately arrange for insurance cover so that it is in place before that time.

  4. In Queensland, unless the property is sold at auction, you will usually be entitled to a 5 business day statutory ‘cooling off period’. In this period you can terminate the contract, but the seller is entitled to keep 0.25% of the deposit.

  5. If the contract is subject to building and pest inspection, you will need to arrange for a building and pest inspection report from a licensed inspector. If the report is unsatisfactory, you may be able to terminate the contract.

  6. If the contract is subject to a pool safety inspection, you must engage a pool safety inspector to prepare a pool safety certificate. If a pool safety certificate cannot be obtained, you may be able to terminate the contract.

  7. If the contract is subject to finance, get looking for that perfect mortgage deal. If you are unable to obtain finance on satisfactory terms, you may be able to terminate the contract.

  8. By this point, the contract is usually unconditional. So you should definitely start packing if you haven’t already.

  9. We will prepare a settlement statement which details the various adjustments to be made between the parties (for example, for prepaid rates or expected water usuage). Once the settlement adjustments are agreed, a balance purchase price is determined. This is how much you must pay for property.

  10. In addition to the balance purchase price, you’ll likely have to pay the Government charges known as stamp duty and transfer fees. The amounts vary according to the purchase price and your circumstances. We can help you determine how much these amounts will be and ensure they are paid on time.

  11. Settlement day is here. You aren’t required to be at settlement, we take care of that for you. Just have the bubbles cold for when we call to confirm it is completed.

The process detailed above is general information only and does not consider the specifics of your contract. It should not be considered legal advice. If you have any queries about your contact, please get in contact with me.

Searches

The contract is drafted so that it may be signed by both parties without all matters which may affect the property having been investigated. You may, in certain circumstances, have rights of termination or compensation if the property is negatively affected.

The only way to check whether there are defects in the property is to conduct searches. We will help you determine which searches should be undertaken and advise you on the results.

Prices for standard searches vary depending on where the property is located, but are usually around $400 for house and $600 for units.