For most people buying or selling property is a significant financial decision. While you are managing sales agents, banks and accountants, it's important to know that you have an experienced conveyancer handling the legal process. At Whiteacre Legal, we are here to guide you through the process every step of the way.
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Thinking about buying a property? We can help you understand the process in a simple, easy to understand way.
Looking to sell your property? Our professional and experienced team can ensure a smooth, hassle free process.
Have a property law question? Our expert legal team has the knowledge and experience to help you solve any property law problem.
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This is a paragraph. Writing in paragraphs lets visitors find what they are looking for quickly and easily.
Once you have found your new property, contact us to start your journey.
Below is a helpful summary of the process of buying a property.
We will review the Contract for Sale and complete all the necessary checks such as title searches, covenants on title, special conditions and section 10.7 certificate.
We will also confirm the stamp duty payable and if you are eligible for any exemptions or grants and discuss your ownership options.
To buy a property, most people will need funding from a lender. If you need to borrow money to purchase the property, you will need to have your finance pre-approved by a lender. You should not exchange contracts unless you have written finance approval from your lender.
When you purchase property in NSW you are buying the property “as is”. It is important to understand what it is you are actually buying. We recommend obtaining a Building & Pest Inspection, and a strata report (if applicable) and we can assist you with this.
To exchange contracts, you are required to pay a deposit, which is usually 10% of the purchase price. This can be varied or negotiated depending on your circumstances.
All property purchasers in NSW must complete an identity check. You will be required to complete a Land Title Verification of Identity form to ensure the correct name is recorded on the property title.
Once all the checks are completed and your finance is approved you are ready to sign and exchange contracts. Exchange of contracts happens when both buyer and seller exchange signed copies of the Contract of Sale. Following exchange there is a mandatory five day cooling off period in which you can withdraw from the purchase. If you withdraw from the purchase during this time you will forfeit 0.25% of the purchase price. If you sign a section 66W certificate or purchase under auction conditions, you waive the cooling off period.
After exchange of contracts, and before settlement, we will prepare the necessary title transfer documents, check land and water rates and prepare for settlement. You will be required to do things like sign mortgage documents, arrange property insurance, and arrange service connections.
In the week before settlement, we will ask you to complete a final inspection on the property to ensure it is in a similar condition to when you inspected it and that the fittings and fixtures listed in the contract are still in place.
We will prepare the necessary information to advise your lender of the amount required for settlement.
This is the most exciting day in the process! On the day of settlement, the balance of the purchase price is paid, the title is transferred, funds are disbursed, stamp duty is paid and keys can be handed over. We will contact you immediately after settlement is completed.
Congratulations you are now the new official owner of the property. We will send you final documentation to retain for your records.
At this stage you may also want to consider updating your will (or having one drafted if you don’t already have one) to reflect the changes in your personal assets.
With 20 years of experience achieving successful legal outcomes, Whiteacre Legal are a trusted, strategic partner for our clients.
We are here to make selling your property an easy and stress free process.
Contact us if you are thinking of selling, and we can guide you through each step of the process. Remember that in order to sell or market a residential property in NSW you need a Contract for Sale.
There are two main ways to sell your property, Private Treaty or by Auction. In both cases you will need a contract for Sale to start the sale process.
To begin, we will have an initial consultation with you and ask questions to tailor the Contract for Sale to your specific needs.
We will prepare, order and compile all the necessary documents and deliver a completed contract to you or your agent in a timely manner.
During this stage you will also be required to complete Verification of Identity requirements.
Once you have secured a buyer we will work with all parties to facilitate exchange of contracts. Exchange of contracts happens when both buyer and seller exchange signed copies of the Contract of Sale. This is one of the most important parts of the sale process.
Prior to signing the Contract, we will review the terms, ensure the deposit has been paid and set a settlement date.
The contract has a 5 day cooling off period, during which the purchaser can withdraw from the sale. The cooling off period can be waived or negotiated at the time of exchange.
Once you have secured a buyer we will work with all parties to facilitate exchange of contracts. Exchange of contracts happens when both buyer and seller exchange signed copies of the Contract of Sale. This is one of the most important parts of the sale process.
Prior to signing the Contract, we will review the terms, ensure the deposit has been paid and set a settlement date.
The contract has a 5 day cooling off period, during which the purchaser can withdraw from the sale. The cooling off period can be waived or negotiated at the time of exchange.
Settlement usually occurs 6 weeks after exchange. During this time we will stay in touch with you to ensure you are ready for settlement. We will prepare documents for discharge of mortgage (if applicable) and request bank details for payment of surplus funds.
We will also use this time to calculate any adjustments on council rates, water rates, strata levies and bank discharge fees.
We will attend to settlement on your behalf. This is where all parties including the respective banks come together to complete settlement through an online settlement system. The transfer of title is completed with the NSW Land Registry, any mortgages are discharged and surplus funds are paid to you.
At this time we also authorise the agent to hand over keys to the new owner and disburse the deposit to you that has been held in trust by the agent.
You can now celebrate a successful sale.
At this stage you may also want to consider updating your will (or getting a will drafted if you don't already have one) to reflect the changes in your personal assets.
Speak to Whiteacre for Expert Conveyancing Advice
Looking to streamline your residential or commercial property transaction? Get in touch today and we’ll help you navigate the conveyancing process.
Whiteacre Legal are committed to achieving solutions for clients.
Book an initial consultation today so we can assist you further.
Whiteacre is a boutique property law firm specialising in planning and environment law. We bring more than 20 years of experience acting for private developers, private equity funds and local councils, giving us a unique insight into the significant challenges that each side faces for development applications, planning agreements or support for complex litigation matters.
Phone:
Wollongong
Suite 3, 129 Crown Street,
Wollongong NSW 2500
LinkedIn Page
Sydney CBD
Level 13, 111 Elizabeth Street,
Sydney NSW 2000
Whiteacre is a boutique planning and property law firm specialising in planning and environmental law. We bring more than 20 years of experience acting for private developers, private equity funds and local councils, giving us a unique insight into the significant challenges that each side faces for development applications, planning agreements or support for complex litigation matters.
Phone
Head Office
Wollongong
Suite 3, 129 Crown Street, Wollongong NSW 2500
LinkedIn Page
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