Purchasing a house, unit or land is an exciting time. If you are undertaking a residential conveyance, you should seek legal advice from a law firm that has the experience and knowledge to help you through the process. Failing to do so may turn an exciting time into a complete disaster.
Every contract is unique and you need a law firm that can assist you throughout the process to ensure you meet all critical dates and do not breach the terms of the Contract.
Spranklin McCartney Lawyers have over 40 years experience in residential conveyancing in Brisbane and Queensland and can assist you throughout the conveyancing process.
A residential conveyance contract can take on a variety of forms, including :
- A standard REIQ Contract;
- A QLD ADL Contract;
- An Off the Plan Contract; or
- A specially drafted Contract.
Before signing a Contract you should consider whether you:
- have sufficient funds (or require finance) to cover the purchase price, legal fees and stamp duty – if purchasing;
- are legally authorized to sign the Contract in your personal capacity, as trustee, under power of attorney, as nominee or director of a company;.
- understand and are capable of complying with your obligations under the Contract and at law;
- are eligible for any government exemptions or incentives relating to the purchase of property eg. First Home Owners Grant, stamp duty exemptions etc; and/or
- have any particular concerns about the property or the transaction which may require special conditions included in the Contract.
If you are unsure about any of the above, you should seek independent legal advice before signing the Contract. Otherwise, you may find that the Contract you have signed does not offer the protection you need.
Spranklin McCartney Lawyers can assist you with your residential conveyancing by:
- offering you pre-contractual advice;
- negotiating and drafting special conditions to address your concerns and protect your interests;
- handling all legal aspects of the conveyance (including ensuring all Transfer Forms are properly completed);
- monitoring your due dates and critical dates, including finance approval, building and pest conditions and any special conditions;
- negotiating extensions with the other party on extensions of critical dates where required;
- liaising with your financier or mortgagee to ensure funds will be available and avoid problems at settlement;
- advising you of any encumbrances on the title of the property and their ipact upon you as a purchaser (for example, an easement);
- conducting relevant land and government searches to ensure that are no adverse issues for the property you are purchasing; and
- ensuring that outgoings in respect of the property (e.g. council rates, land tax) are properly apportioned between the Buyer and the Seller at the settlement date.
Whether you are a first home buyer, needing assistance through this complicated yet exciting times, or an experienced property mogul seeking a law firm to undertake your next conveyance, Spranklin McCartney Lawyers can assist you.
Please contact us if you are in need of our services or information. We look forward to hearing from you.