Conveyancing and Property Law

Have SOME QUESTIONS ABOUT CONVEYANCING?? – 0419 305 701 – PHONE OUR CONVEYANCING LINE AND SPEAK WITH CHOLM, OUR CONVEYANCING LAWYER.

OUR TEAM OF Conveyancing LAWYERS will provide you with the highest standard of legal conveyancing advice in a personal and friendly manner.

conveyancing gold coast mudgeeraba

The purchase or sale of property is likely to be one of the biggest financial transactions of your life. The transfer of property from seller to purchaser is governed by many complex rules, regulations and legislation and the consequences of making a mistake throughout the process severe and costly.  At RobertsLaw we make buying and selling property as stress-free as possible. Our conveyancing lawyers have a combined 70 years of experience in Conveyancing and Property Law in Queensland, which allows us to expertly guide you through all aspects of your sale or purchase.

In addition to managing the lengthy and complicated process of transferring ownership of your property, we will advise you of your rights and responsibilities and deal with any legal issues that may arise along the way. We have a wealth of knowledge and experience in the buying and selling of all types of residential and commercial properties, including houses; units and townhouses; off the plan purchases; land subdivision and residential and commercial leases.

Each year we help thousands of Queenslanders with their conveyancing

Conveyancing Fees

Our conveyancing service is provided on a competitive, upfront, fee basis. Give us a call on (07) 5530 5700 and we will be happy to discuss our fees for this service with you.

A snapshot of what we do for you

Our conveyancing team at Mudgeeraba will assist you both before and after you enter into a contract.  As part of our conveyancing service, we will review your contract before you sign to ensure that your legal rights are protected. We will identify and explain any potential legal problems with the contract to you.
There will often be “special conditions” to your contract that you should be properly advised on by a legal professional. Even if these conditions are in the contract for your benefit, you need to be sure that the wording used achieves what you intended it to. We take the time to ensure that the contract you sign achieves what it is that you expect it to. Further, we will explain any obligations that arise when you sign the contract, and the steps required to be taken by you throughout each part of the conveyancing process. Taking five minutes to have one of our conveyancing lawyers look over your contract may save you hours of time and much heart-break.

What you can expect as our client

  • We ensure that you are kept regularly updated and well informed along the way;
  • We will assist you to organise the payment of deposits;
  • We will assist you with attending to the requirements of your mortgagee;
  •  We make sure you are aware of important dates, such as those for finance approval, inspections and other conditions under the contract;
  • we negotiate on your behalf with the other-side should you require extensions of time or other changes to the contracted terms;
  • We perform searches relevant to your particular conveyance and explain the search results to you;
  • We ascertain any outstanding water, sewerage and other rates charges to ensure that you are only paying for your usage;
  • We attend settlement on your behalf and complete the necessary transfer documents for you.

OTHER USEFUL THINGS TO KNOW

What is Conveyancing?

Conveyancing is the process by which ownership of property is transferred from one person (the seller/ vendor) to another (the buyer/ purchaser).

Transfer Duty

Under a standard contact of sale, transfer duty (also known as stamp duty) is payable by the buyer of a property. How much stamp duty is payable is determined by the purchase price of the property, taking into account any stamp duty concessions or exemptions that may apply. We calculate your stamp duty for you and advise you of exactly how much duty you can expect to pay.

What is Settlement and what happens?

Settlement refers to the finalisation of the conveyancing process. There are usually four parties involved:

  • the seller’s lawyer or representative;
  • the seller’s bank representative;
  •  the buyer’s lawyer or representative; and
  • the buyer’s bank representative.

At the time of settlement, the Seller’s mortgage (if any) will be discharged and relevant documentation delivered to the Buyer’s representative. The Buyer’s representative checks the documentation to ensure it is all correct and delivers the same to the Buyer’s bank representative. The Buyer’s bank will then release cheques, which allow the transaction to settle.

Directly following settlement the Estate Agents are authorised to release any deposits held and deliver the keys to the property to the new owner.

What happens if either party can’t settle on the due date?

It is a reasonably common occurrence that for one reason or another a Buyer or Seller may not be able to settle as planned. In this case, an extension of time will likely be sought. This is of particular importance in Queensland as ‘time is of the essence’ which means that as a particular obligation (Settlement) has been set down for a particular day/ time, it must be done according to the agreement. An extension of time is usually granted, though not always. If an extension of time is refused, it may leave a party in breach of the agreement, which can result in forfeiture of any deposits paid, as well as other penalties. We have an in-depth understanding of the law concerning property transactions and will negotiate these (and other) conveyancing pitfalls for you!

What is the cooling off period?

Some agreements for the sale of real property in Queensland are subject to a statutory cooling-off period to afford the Buyer some extra protection. Statutory cooling-off periods and disclosure requirements have been established under the Property and Motor vehicle Dealers Act (PAMDA).

A cooling-off period is the right of a Buyer to cancel the agreement for any reason within 5 working days from the date the accepted contract is delivered back to the Buyer.

Cancelling the agreement may cost a Buyer 0.25% of the total purchase price and so we recommend that you seek our expert advice in relation to this before you cancel an agreement under cooling-off. We may be able to relieve you of your obligations by another method.

The cooling-off period does not apply to all transactions (for example, it does not apply at auction) and can be shortened or waived by completion of a certificate of independent advice signed off by your Solicitor.