Property Law & Conveyancing
Conveyancers & Conveyancing Solicitors Newcastle
Conveyancing is the area of property law that deals with the transfer of real estate between sellers and buyers. Burgess Thomson have a team of licensed conveyancers and conveyancing solicitors in Newcastle to help with all stages of property transactions whether you are buying or selling a residential home, unit, vacant block, strata title, commercial real estate or rural property.
Although it seems quite straightforward, property law can be quite complex and conveyancing has to consider issues such as contract terms and conditions, mortgages, covenants, easements, caveats, the type of property title, the type of tenancy, local council regulations and zoning to name just a few.
Buying and selling property is one of the biggest financial decisions you will make, so it pays to get sound legal advice from specialist conveyancing solicitors.
arrange a consultation with one of our experienced licensed conveyancers or conveyancing solicitors in Newcastle
The Conveyancing Process
01 Contract of Sale
The process starts with the draft contract of sale being drawn up. This includes street address and legal property title details, completion period, inclusions and exclusions of sale and any special conditions specific to the particular property.
02 Due Diligence & Legal Advice
The purchaser needs to get legal advice, review the contract, arrange inspections and start making loan arrangements before any contracts are signed.
03 Exchange of Contract
The contract is signed by both parties, and may be immediately binding, depending on the circumstances of the sale. You may however, have a cooling off period available, or be able to withdraw from the contract under certain conditions, so it’s important that you know the exact terms and conditions written into the contract.
04 Before Settlement
Prior to settlement, adjustments to the purchase price are agreed upon between the parties to cover council and water rates as well as other costs which may be allowed for in the contract. There is a set length of time between the contract becoming binding and the contract being settled or completed. In this time the purchaser of the property has a lot to do including conducting various checks on the property, paying stamp duty, organising insurance and getting any loan arrangements in order, and the seller of the property should be making arrangements with their bank to have any mortgage discharged as well as making plans to move.
05 Settlement Day
We’ll ensure everything is in place for a smooth settlement. The purchaser or the incoming mortgagee has to show up with the funds, and the seller or outgoing mortgagee has to turn up with the property title and the document/s needed to release the mortgage.
06 After Settlement
After settlement the new owner needs to be registered as the owner on the title, and various government bodies need to be informed of the change in ownership.
Our Conveyancing Services:
Our licensed conveyancers and specialist conveyancing solicitors at Burgess Thomson in Newcastle can assist you with the following conveyancing services:
- Legal advice in regard to real estate contract law
- Drafting and reviewing Contracts for Sale
- Auction Contracts and purchases off-the-plan
- Cost appraisal including stamp duty, GST and disbursements such as search and registration fees
- Tax considerations and asset protection including capital gains tax, and sales or purchases by companies, self managed superannuation funds, family and discretionary trusts and deceased estates
- Property Title including Torrens, old system, qualified and limited, strata, community, crown or leasehold
- Property tenancy including joint tenants and tenants in common
- Statutory warranties, contract conditions and special conditionsSection 66W Certificates, the cooling off period and deposits
- Put and Call Options
- Retirement Village purchases, leases and service contracts
- Dispute resolution and litigation
- Commercial property including leases
- Building contracts, owner builder issues and the Home Building Act 1989
- Liaison with financial institutions in regard to deposit bonds, loans, mortgages and discharges of mortgages
- Execution of contracts, exchange and settlement
- Adjustments to the purchase price in regard to rates and allowances
- Advice for first home buyers including the First Home Owner Grant
- Preparing Powers of Attorney and registering with the Land Titles Office
- Advice in regard to easements and covenants on title searches