Electronic conveyancing is now the norm in Queensland with the new mandate having come into effect on Monday, 20 February 2023.

Queensland now joins Western Australia, South Australia, New South Wales and Victoria in having mandatory Electronic conveyancing in place.

The new mandate means that property transactions throughout Queensland will need to be completed electronically, through the use of the Electronic Lodgement Network (ELN).

From the mandate date of 20 February 2023, the majority of transactions/documents must be settled electronically – including transfers of land, mortgages, requests to record death on a title and caveats, which encompass the majority of transactions.

There are some exceptions to this, for example if the ELN does not have the required functionality to prepare or lodge a certain type of document, it will be required to be manually lodged via paper at the Titles Office.

For a full list of what is included and excluded, please click here to visit the Titles QLD Website.

Property Exchange Australia (PEXA), is the ELN that is used in Queensland. Established in 2010, PEXA operates nationally and will facilitate the hundreds of transactions that occur every day throughout Queensland.

The move towards electronic conveyancing is being driven by a desire to make the property buying and selling process more efficient and secure. By using PEXA, conveyancing practices will be able to lodge and withdraw documents, pay and receive funds, and exchange information with other parties in a secure online environment.

The Benefits of Electronic Conveyancing

One of the main benefits of electronic conveyancing is the speed and convenience it offers. Transactions can be completed faster, with less need for paper-based documents and in-person meetings. This can save time and money for all parties involved, as well as reducing the risk of errors and delays.

It also makes cross jurisdictional conveyancing much easier – for example if a client is selling a property in Queensland and simultaneously purchasing in New South Wales, these two transactions can be linked in PEXA so that the funds flow smoothly from the client’s sale through to their purchase.

Another major benefit is improved security. The ELN uses advanced encryption and authentication technologies to ensure that all transactions are secure and protected from fraud. This helps to give buyers and sellers peace of mind that their personal and financial information is safe and protected.

Both buyers and sellers have the ability to track the progress of their settlement and safely manage their account details through the use of the PEXA KEY. This is a smartphone app that allows clients to securely input their banking details, which eliminates risk of cybercrime via phishing, email interception and of course human error.

Sellers will receive their proceeds of sale the day of settlement (usually within the same hour), instead of waiting up to 3 business days for settlement monies to clear via bank cheque. Similarly, agents, council and water rates, body corporate levies etc will all be paid in clear funds on the settlement day, instead of waiting for a bank cheque to clear.

For the Buyers, the title is immediately transferred, putting the property in their name almost instantaneously with the settlement (instead of taking weeks manually via paper). Buyers will receive a Registration Confirmation Statement showing that they are the new registered owners of the property usually within half an hour of settlement being effected.

The mandate to use electronic conveyancing is a significant step forward for the property industry in Queensland. It will bring benefits for buyers, sellers, lawyers, real estate agents and banks, making the property buying and selling process quicker and more secure.

Contract updates

In response to the Electronic conveyancing mandate coming into effect, the Queensland Law Society and the Real Estate Institute of Queensland (REIQ) have prepared updated REIQ contracts which have also been released this week.

These changes include:

1. Amendments to the current electronic settlement clauses
2. The cluse will apply if a transfer is required document under the Land Title Regulation 2022
3. The clause outlines a process for nominating an electronic lodgement network operator (ELNO) system by the seller
4. Where there was previously a right to withdraw from an electronic settlement, this option has now been removed.

We are #PEXAexperienced

Despite many law firms only subscribing to PEXA during 2020 in the middle of the COVID-19 pandemic as a necessity, Lockett McCullough Lawyers first subscribed to PEXA in March 2019, long before any indication of electronic settlements becoming mandatory. We are among the most prolific users of PEXA among conveyancing practices in Queensland and proudly promote that we are not just #pexasubscribed but #pexaexperienced.

We have years of experience and have completed thousands of transactions on the platform. We completed our first ELN QLD property transaction via the PEXA platform in March 2019 and not long after that we were trying to settle as many transactions as possible through the PEXA platform.

Along with many conveyancers and solicitors around Queensland, we are genuinely excited for the mandate, and look forward to continuing to help thousands of buyers and sellers every year with their conveyancing.

If you are wanting to buy or sell and need a conveyancer, please don’t hesitate to contact our experienced conveyancing team:

Toowong – 07 3870 8244

Albany Creek – 07 3264 7692

Noosa – 07 5449 7500

It is that time of the year again – Christmas and New Year are fast approaching! It is quite common for us property lawyers and conveyancers to see the volume of contracts and settlements increase exponentially in late November and early December in anticipation of Christmas.

Quite simply, it is very convenient for buyers and sellers to use the Christmas/New Year period as an opportunity to move.

What happens if the building and pest condition, finance condition or Settlement Date fall over the Christmas / New Year period?

Do the solicitors and banks still have to work? Generally speaking – yes they do! This means that buyers and sellers need to be aware of the impact of the holiday period on the critical dates in their conveyancing contracts.

Under the standard REIQ Contracts (residential or commercial), they provide that if a critical date falls on a non-business day, then it must be done on the following business day. This means that if you are required to notify the seller whether you have finance on a Saturday, then this date will automatically hold over and fall due on the Monday (when everyone is back working).

In the most recent version of the REIQ Contract, the following applies:

“Business Day” is usually defined as meaning –

• Monday to Friday; except where there is a public holiday
• A day in the period 27 – 31 December 2019 (inclusive)

This year, the last business day of the year falls on Friday 23 December 2022 and the first business day after the shutdown period is Tuesday 3 January 2023, due to Monday 2 January 2023 being the Public Holiday for New Years Day.

This means that any conditions which fall between Saturday 24 December 2022 and 2 January 2023 will automatically default to Tuesday 3 January 2023.

From a practical point of view, all the work to prepare for settlement will need to be finalised by the banks and solicitors/conveyancers prior to Christmas to ensure a smooth Settlement in the New Year.

In saying this, not all banks will be ready to book before the Christmas holidays commence as loan documents may not all be returned or verified by the banks on time. It is crucial that you try to have your bankers and brokers escalate matters with your banks to try and avoid any settlement delays.

If it is possible, we recommend that the parties agree for contract dates to fall a couple of days into the New Year or a week into the New Year and not the first day back. That way, there is a better chance that the parties will be able to settle and the banks are able to provide funds.

It is good practice and prudent to have your solicitor confirm what version of the Contract you have signed, to ensure that the current version of the Contract is being used and that the above dates are effective.

Cooling Off Periods

Despite our advice above, the same does not apply to Cooling-Off periods. As the Cooling-Off period is imposed by statute, the period is not covered by the standard conditions in conveyancing contracts, but by legislation.

As a result, the non-public holidays between Christmas and New Year are counted in the calculation of the 5 business day cooling off period. If you are looking at signing a Contract to purchase a property over the next week, you should keep this in mind because it is likely that the cooling-off period for your Contract will expire during the time that most law firms and real estate agencies are closed.

If you think that you will need to terminate a Contract in the cooling-off period and the expiry of that period will fall in the holidays, you should contact our experienced conveyancers at Lockett McCullough Lawyers to discuss your options.

Other things to consider

• Please note that the calculation of dates above only applies to standard REIQ Contracts. It may not apply to Off The Plan Contracts or where there are special conditions to the contrary.
• For REIQ Contracts which are the 17^th edition (introduced from February 2023), there is the option under clause 6.2 for either party to extend Settlement for up to 5 business days without penalty. This may give you more time to prepare for Settlement is required.

Our Toowong, Noosa and Albany Creek offices will remain open over the Christmas and New Year period except for the Public Holidays. However, on the Public Holidays we will still be available by email should you wish for us to review a Contract of Sale for you.

You will have seen our previous blog about which searches you need to undertake when buying a property, both houses and units. We have now written this separate blog which details the searches which are relevant only to units in a community titles scheme.

In this blog, we reiterate our recommendation that if you are purchasing a unit in a community titles scheme, you should have a conversation with your solicitor once you have signed a Contract and give them as much information about the property as possible so that they can order the searches which are going to be most relevant to the unit you are buying.
Below we outline each of the main searches that solicitors will undertake on your behalf for the purchase of a unit, the purpose of each search and the rough cost. It is important to note that solicitors use different search providers, so our costs are an indication only and will vary amongst solicitors.

TITLE SEARCHES

As outlined in our previous blog, the following searches are still relevant (for the same reasons) for the purchase of a unit and should be considered by you in consultation with your solicitor:

• Title Search
• Registered Plan
• Easements and Encumbrances
• Land Tax Search
• Transport and Main Roads Property Search
• Transport Noise Corridor Search
• Pool Safety Register
• Rates search
• Special Water Meter Reading
• ASIC Search
• Personal Property Securities Register (PPSR) Search
• Bankruptcy Search
• Court Registers – Supreme, District and Federal Court Searches

SEARCHES SPECIFIC TO UNITS

Community Management Statement (CMS)

The Community Management Statement includes information relating to the community titles scheme in which the unit is constructed, such as lot entitlements, by-laws (the rules of the complex), details of progressive development of the scheme (if it is a staged development) and administrative advices. The cost of this search is around $55.00.

Form 13 Information Certificate

This certificate provides you with levy information, the by-laws, lot entitlements and a list of the insurance policies and their values held by the body corporate. It is particularly important because it advises on how much the body corporate levies are each quarter and whether or not the seller is up to date with their levy payments.

It allows you to ensure that the payments are up to date at settlement and allows your solicitor to make an adjustment to the purchase price so that the seller is responsible for body corporate levies up until settlement and you to be responsible for the levies from settlement. For this reason, you will need to order the search when purchasing a unit. The cost of the Form 13 is around $64.00.

Body Corporate Orders Search (Form 3)

A body corporate dispute may go to adjudication if it cannot be resolved by conciliation or self-resolution. To resolve a dispute, an adjudicator makes an order. You can apply to see if any orders (or current adjudication applications) have been made for a particular community titles scheme.

This search will reveal whether there are any Orders which have been made against a particular community title scheme. This search is beneficial so that you can see if you are buying to a potentially unstable body corporate scheme. You may be able to terminate the Contract if an Order requires work to be done or money to be spent on the Lot of Common Property. The cost of this search is around $20.00.

Body Corporate Records Inspection/Purchaser’s Strata Inspection

This search is the most extensive and involves an inspector going through all documentation of the body corporate and highlighting any issues. For example, the inspector will go through minutes of meetings to see if there is any major expenditure that has been agreed upon, any major issues with particular tenants or owners, any claims which have been made on any insurance policies held by the body corporate and so on. We would hate for you to sign a Contract for a unit only to find after settlement that a resolution was passed in a body corporate meeting which requires owners to make payment of a special levies which are outside the ordinary body corporate levies, or to find that the body corporate was going broke.
The cost of this search will vary depending on the cost of the individual inspector, however you can expect to pay around $200.00 for the search.

Certificate of Classification

The Certificate of Classification will inform you as to whether the classification of the building allows you to use the premises for your intended use (for example, if you are purchasing the property as a permanent residence as opposed to temporary letting that this use is permitted under the certificate of classification). The cost of this search is around $75.00.

Building Management Statement

A Building Management Statement is a document which is used to regulate the relationship between different body corporates or other lots in a development. For example, if you are buying in a high rise building which comprises both residential and commercial lots.

The BMS sets out and regulates the use of facilities that might be owned by one of those parties that will be shared with others. It also deals with how costs will be apportioned for the maintenance and management of those areas. Any building management costs are usually paid by the body corporate and are factored into your body corporate levies. Whilst generally, you would not need to order this (given that it is a matter between body corporates and will not affect you), you may wish to order it out of interest. The cost will be around $60.00.

YOUR RIGHTS IF YOU ARE NOT SATISFIED WITH YOUR SEARCH RESULTS

Once your solicitor has undertaken the searches, they will send you a copy of the searches and a report highlighting anything that appears to be an issue. In the event that you are not satisfied with your search results, you may have a right to terminate the Contract or to seek compensation from the seller, depending on what the issue is. Alternatively, you may not have any rights at all and will be stuck buying the property. It is all dependent on the particular search which has revealed unsatisfactory results.

Generally speaking, if the search results do not relate to a specific breach of the Contract, then you will not have a right to terminate the Contract. However, you can protect your interests by having your solicitor insert a special condition into the Contract so that the Contract is subject to you receiving satisfactory search results – this must be inserted prior to signing the Contract.

As we have advised above, every property is different and will require different searches to be done. It is therefore important to have an in-depth discussion about the property with your solicitor so that they can determine which searches will need to be undertaken for your specific property. If you are buying property for the first time, you could also discuss the property with your solicitor prior to signing the Contract so that they can advise you of anything in particular to look out for and to look over the Contract before you sign it.

If you have any questions in relation to a sale, purchase or searches in your Toowong conveyancing matters please contact our experienced conveyancers – (07) 3870 8244 (Toowong) and (07) 3264 7692 (Albany Creek).

Buying a property can be a daunting experience, particularly when you are a first home buyer who is new to the conveyancing process and working with solicitors. Once you have signed a Contract to purchase a property and have contacted your solicitor, the next in the buying process step will be for your solicitor to order searches relating to the property.

>We have written this blog at the request of our facebook followers to provide home buyers with more information on the types of searches which are available for your solicitor to order for you. The searches that we outline can be undertaken for all properties, houses and units, however we will be writing a separate blog on searches for the purchase of units.

Searches are undertaken in your conveyancing process either for your general information, for the purposes of making adjustments to the purchase price at settlement (for example, water, rates, body corporate etc), but most importantly are undertaken to ensure that there are no major issues with the property which, had you otherwise known about, you may not have purchased the property.

Every solicitor will have a different idea of which searches are ‘essential’ and which are not. Some may prefer to be thorough and order many different searches, whilst others may be more cut price and only do the bare basics. Whilst the bare basic searches can save you money, you are also at more risk of not finding out important information about the property which may hinder your ability to deal with your property in the future. For example if your property is in a flood zone, you may not be able to put a pool in at a later date and it is better to know this before you buy than find out later and have no recourse.

Our recommendation would be to have a conversation with your solicitor once you have signed a Contract and give them as much information about the property as possible so that they can order the searches which are going to be most relevant to the property you are purchasing.

Below we outline each of the main searches that solicitors will undertake on your behalf, the purpose of each search and the rough cost. It is important to note that solicitors use different search providers, so our costs are an indication only and will vary amongst solicitors.

NON-NEGOTIABLE SEARCHES

Title Search

The title search is crucial and a non-negotiable search. It will show you who the registered owner is and any dealings which have been registered on the title, such as the seller’s mortgage, easements and any caveats which need to be removed before settlement. Your solicitor need to order this search twice – once when you sign the Contract (to ensure the details on the Contract are correct) and again on the morning of settlement (to ensure that nothing has been registered on the title which may prevent you from settling, eg a caveat). The cost will be around $20.00-$30.00 per search.

Registered Plan

A search of the registered plan is also a non-negotiable search. It will show you the exact boundary of the lot, the area and where the lot is situated on the street. Your solicitor will likely ask you to confirm that that is the correct lot you are buying to ensure that the correct lot is being transferred to you. The cost will be around $20.00-$30.00.

Easements and Encumbrances

If the title search reveals any easements or encumbrances, it is important that you have your solicitor order a copy of this search as easements and encumbrances may prohibit you from doing something to your land, or allow another party access to your land. This search will enable you to find out what the easement is for – drainage, access, stormwater etc. For example, manholes are common easements which allow the council to access your land for the purposes of maintaining the manhole – this means that you are unlikely to ever be able to build over this manhole. Searches of this nature will be around $50.00 per easement.

Land Tax Search

A land tax search will reveal whether there are any outstanding amounts payable for land tax, which may be passed on to you as the buyer if the seller does not make payment of the overdue amount at settlement. If you are purchasing a property off-the-plan or where the seller is a company or an individual with a number of properties, is it likely that they will be liable to pay land tax, which means this search will be necessary. The only situation where you would not order a land tax search is if you know that the seller only owns one property and where the land value of the property owned by the seller is more than $650,000.00 (the threshold at which the seller will be liable to start paying land tax). The cost will be around $50.00.

STANDARD SEARCHES

Transport and Main Roads Property Search

This search will show any current proposals and resumption information for all roads, ports and railway lines. This means that it will indicate whether Council are planning to build roads near the property you are purchasing (which may decrease the value of your property once this occurs). The cost is around $32.00.

Energex

This search will reveal if the property is connected under normal tariff conditions, if the property is connected under guarantee conditions and the amount of the guarantee, if the property is not connected upon what conditions is may be connected and whether there are any underground cables running through the property. Whilst it is normally undertaken for your information, you may be entitled to termination or compensation under the Contract if the seller fails to disclose any undisclosed easement over cables. The cost is around $50.00.

1. Choose a conveyancing solicitor with offices close enough to you

2. Shop around and choose a conveyancing solicitor you trust

3. Choose an experienced conveyancing solicitor

4. How busy are they?

5. Don’t just pick the cheapest

In our latest blog, we focus on the implementation of the new GST Withholding Regime.

The Government has lost $1.8 billion in GST revenue between 2012-2017 from phoenixing. This occurs when developers complete residential developments and collect their GST at Settlement, however then declare the company insolvent without remitting the required GST to the ATO from their sales.

According to the ATO, phoenixing is one of the main forms of non-compliance and over $2 billion in GST debt has been written off.

In order to address the risks associated with this practice, the Government has introduced a GST Withholding Regime which comes into effect on 1 July 2018.  The changes will affect both buyers and sellers of “new residential premises” eg. new residential vacant land, subdivisions, newly constructed units/townhouses or newly constructed house and land packages.

What must the Buyer do?

The Buyer must withhold the GST, by either:-

1. paying the GST amount to the ATO on or before settlement, or
2. providing a bank cheque drawn to the ATO to the Seller on settlement.

What must the Seller do?

The Seller must provide notice to the Buyer if the property being sold is captured by the GST Withholding Regime.  It is an offence not to provide the relevant notice.

Time Frames

The GST Withholding Regime will apply to all contracts entered into on or after 1 July 2018.

Contracts entered into prior to 1 July 2018 which do not settle until on or after 1 July 2020 are also captured by the new provisions.

The ATO has created a short video which explains the upcoming changes.

Moving Forward

We will provide further updates to you when they become available.  As with most changes to property or taxation legislation, we anticipate that changes to the standard REIQ contract and Disclosure Statements will be necessary.  In addition, an approved Form may become available for use by sellers in complying with their notice obligations.

The inevitable impact of the proposed amendments is the loss of cash flow to developers who will lose the benefit of holding GST payments made at settlement for up to three months before their next Business Activity Statement is due. Additionally, financiers and developers will be impacted by a reduction in the funds available to pay down debt at settlement caused by the delayed mechanism for applying the margin scheme.

Developers may need to speak with financiers about the likely short-term cash flow impacts, and arrangements between property development partners may need to be revisited to the extent distribution or ‘waterfall’ payment arrangements include payment to compensate for one party’s GST liability.

If you have any questions regarding the new GST Withholding Regime or require conveyancing services, please contact our experienced conveyancers and property lawyers on (07) 3870 8244 (Toowong conveyancing) or (07) 3264 7692 (Albany Creek conveyancing).

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Albany Creek Conveyancing – Arana Hills Conveyancing – Banksia Beach Conveyancing – Beachmere Conveyancing – Bellara Conveyancing – Bongaree Conveyancing – Bray Park Conveyancing – Brendale Conveyancing – Bunya Conveyancing – Burpengary Conveyancing – Caboolture Conveyancing – Caboolture South Conveyancing – Cashmere Conveyancing – Clontarf Conveyancing – Dakabin Conveyancing – Deception Bay Conveyancing – Eatons Hill Conveyancing – Elimbah Conveyancing – Everton Hills Conveyancing  – Ferny Hills Conveyancing – Godwin Beach Conveyancing – Griffin Conveyancing – Joyner Conveyancing – Kallangur Conveyancing – Kippa-Ring Conveyancing – Kurwongbah Conveyancing – Lawnton Conveyancing – Mango Hill Conveyancing – Margate Conveyancing – Moodlu Conveyancing – Morayfield Conveyancing – Murrumba Downs Conveyancing – Narangba Conveyancing – Newport Conveyancing – Ningi Conveyancing – North Lakes Conveyancing – Petrie Conveyancing – Redcliffe Conveyancing – Rothwell Conveyancing – Sandstone Point Conveyancing – Scarborough Conveyancing – Strathpine Conveyancing – Upper Caboolture Conveyancing – Warner Conveyancing – Whiteside Conveyancing – Woody Point Conveyancing – Woorim Conveyancing
Armstrong Creek Conveyancing – Bellmere Conveyancing – Bellthorpe Conveyancing – Booroobin Conveyancing – Bracalba Conveyancing – Camp Mountain Conveyancing – Campbells Pocket Conveyancing – Cedar Creek Conveyancing – Cedarton Conveyancing – Clear Mountain Conveyancing – Closeburn Conveyancing – Commissioners Flat Conveyancing – D’Aguilar Conveyancing – Dayboro Conveyancing – Delaneys Creek Conveyancing – Donnybrook Conveyancing – Draper Conveyancing – Highvale Conveyancing – Jollys Lookout Conveyancing – King Scrub Conveyancing – Kobble Creek Conveyancing – Laceys Creek Conveyancing – Meldale Conveyancing – Moorina Conveyancing – Mount Delaney Conveyancing – Mount Glorious Conveyancing – Mount Mee  Conveyancing – Mount Nebo Conveyancing – Mount Pleasant Conveyancing – Mount Samson Conveyancing – Neurum Conveyancing – Ocean View Conveyancing – Rocksberg Conveyancing – Rush Creek Conveyancing – Samford Valley Conveyancing – Samford Village Conveyancing – Samsonvale Conveyancing – Stanmore Conveyancing – Stony Creek Conveyancing – Toorbul Conveyancing – Wamuran Basin Conveyancing – Wamuran Conveyancing – Welsby Conveyancing – White Patch Conveyancing – Wights Mountain Conveyancing – Woodford Conveyancing – Yugar Conveyancing

If a Contract of Sale is in place for a property, conditional or not, what happens if the buyer or seller passes away before settlement occurs?

Seller

In the event that the seller passes away before settlement, the Contract remains on foot and proceeds to settlement as normal. However, the rights that are usually afforded to the seller under the Contract pass instead to the seller’s personal representative (executor of the seller’s estate) who will then be entitled to receive payment of the balance of the purchase moneys on behalf of the estate.

Despite the Contract remaining on foot and proceeding to settlement, the buyer cannot be compelled to complete until the seller’s personal representative has obtained a grant of probate of the estate from the Supreme Court.

This is so that the seller’s personal representative can be formally appointed to administer the estate of the deceased. This process can take a few months.

Buyer

Similarly, in the event that the buyer passes away before settlement, the Contract will remain on foot and proceed to settlement. Once settlement has been effected, the property will form part of the buyer’s estate.

Once the buyer’s personal representative has obtained a grant of probate or letters of administration, the property will vest in their legal personal representative.

If the seller wishes to bring proceedings to enforce the Contract, the appropriate defendant is the legal personal representative of the buyer.

The common law position is enforced by the standard REIQ contract which states that a party to the contract includes that person’s executors, administrators and successors.

Issues

The main issues that arise when a party to a Contract passes away prior to settlement is the fact that the time limits under the Contract remain.

This means that, from a practical perspective, the deceased parties’ personal representatives/executors may not be in a position to settle on time which would give the other party a right to terminate.

This is particularly a problem when the deceased party is the buyer under the Contract and obtaining finance to complete the purchase. It is likely that the buyer’s personal representative will then have issues convincing the buyer’s financier to complete the purchase.

If the buyer was paying cash for the property prior to passing away, the Contract should be able to proceed to settlement without any timeframes creating a hurdle to completion.

In most circumstances an extension of time can be agreed upon.

If a seller who is terminally ill enters into a Contract of Sale for a property, a special condition should be inserted in the contract allowing for an extension of time if required so that the Contract can not be terminated by the other party or penalties imposed.

If you have any questions in relation to your Contract of Sale or require any special conditions to be drafted in the event of the death of a party, please contact our experienced Conveyancers and Property Lawyers today.

Bowen Hills Conveyancing – Brisbane Conveyancing – East Brisbane Conveyancing – Fortitude Valley Conveyancing – Herston Conveyancing – Highgate Hill Conveyancing – Kangaroo Point Conveyancing – Kelvin Grove Conveyancing – New Farm Conveyancing – Newstead Conveyancing – Paddington Conveyancing – Petrie Terrace Conveyancing  – Red Hill Conveyancing – South Brisbane Conveyancing – Spring Hill Conveyancing – Teneriffe Conveyancing – West End Conveyancing – Woolloongabba Conveyancing
Albion Conveyancing – Alderley Conveyancing – Ascot Conveyancing – Aspley Conveyancing – Bald Hills Conveyancing – Banyo Conveyancing – Boondall Conveyancing – Bracken Ridge Conveyancing – Bridgeman Downs Conveyancing – Conveyancing –  Brighton Conveyancing – Brisbane Airport Conveyancing – Carseldine Conveyancing – Chermside Conveyancing – Chermside West Conveyancing – Clayfield Conveyancing – Deagon Conveyancing – Eagle Farm Conveyancing  – Everton Park Conveyancing – Ferny Grove Conveyancing – Fitzgibbon Conveyancing – Gaythorne Conveyancing – Geebung Conveyancing – Gordon Park Conveyancing – Grange Conveyancing – Hamilton Conveyancing – Hendra Conveyancing – Kalinga Conveyancing – Kedron Conveyancing – Keperra Conveyancing – Lutwyche Conveyancing – McDowall Conveyancing – Mitchelton Conveyancing – Myrtletown Conveyancing – Newmarket Conveyancing – Northgate Conveyancing – Nudgee Conveyancing – Nudgee Beach Conveyancing – Nundah Conveyancing – Pinkenba Conveyancing – Sandgate Conveyancing – Shorncliffe Conveyancing – Stafford Conveyancing – Stafford Heights Conveyancing – Taigum Conveyancing – Virginia Conveyancing – Wavell Heights Conveyancing – Wilston Conveyancing – Windsor Conveyancing – Wooloowin Conveyancing – Zillmere Conveyancing
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Bahrs Scrub Conveyancing – Bannockburn Conveyancing – Beenleigh Conveyancing – Belivah Conveyancing – Berrinba Conveyancing – Bethania Conveyancing – Boronia Heights Conveyancing – Browns Plains Conveyancing – Buccan Conveyancing – Carbrook Conveyancing – Cedar Creek Conveyancing – Cedar Grove Conveyancing – Cedar Vale Conveyancing – Chambers Flat Conveyancing – Cornubia Conveyancing – Crestmead Conveyancing – Daisy Hill Conveyancing – Eagleby Conveyancing – Edens Landing Conveyancing – Forestdale Conveyancing – Greenbank Conveyancing – Heritage Park Conveyancing – Hillcrest Conveyancing – Holmview Conveyancing – Jimboomba Conveyancing – Kagaru Conveyancing – Kingston Conveyancing – Logan Central Conveyancing – Logan Reserve Conveyancing – Logan Village Conveyancing – Loganholme Conveyancing – Loganlea Conveyancing – Lyons Conveyancing – Marsden Conveyancing – Meadowbrook Conveyancing – Mount Warren Park Conveyancing – Mundoolun Conveyancing – Munruben Conveyancing – New Beith Conveyancing – North Maclean Conveyancing – Park Ridge South Conveyancing – Park Ridge Conveyancing – Priestdale Conveyancing – Regents Park Conveyancing – Rochedale South Conveyancing – Shailer Park Conveyancing – Slacks Creek Conveyancing – South Maclean Conveyancing – Springwood Conveyancing – Stockleigh Conveyancing – Tamborine Conveyancing – Tanah Merah Conveyancing – Underwood Conveyancing – Undullah Conveyancing – Veresdale Scrub Conveyancing – Veresdale Conveyancing – Waterford West Conveyancing – Waterford Conveyancing – Windaroo Conveyancing – Wolffdene Conveyancing – Woodhill Conveyancing – Woodridge Conveyancing – Yarrabilba Conveyancing
Alexandra Hills Conveyancing – Amity Point Conveyancing – Birkdale Conveyancing – Capalaba Conveyancing – Cleveland Conveyancing – Coochiemudlo Island Conveyancing – Dunwich Conveyancing – Karragarra Island Conveyancing – Lamb Island Conveyancing – Macleay Island Conveyancing – Mount Cotton Conveyancing – North Stradbroke Island Conveyancing – Ormiston Conveyancing – Point Lookout Conveyancing – Redland Bay Conveyancing – Russell Island Conveyancing – Sheldon Conveyancing – Thorneside Conveyancing – Thornlands Conveyancing – Victoria Point Conveyancing – Wellington Point Conveyancing
Albany Creek Conveyancing – Arana Hills Conveyancing – Banksia Beach Conveyancing – Beachmere Conveyancing – Bellara Conveyancing – Bongaree Conveyancing – Bray Park Conveyancing – Brendale Conveyancing – Bunya Conveyancing – Burpengary Conveyancing – Caboolture Conveyancing – Caboolture South Conveyancing – Cashmere Conveyancing – Clontarf Conveyancing – Dakabin Conveyancing – Deception Bay Conveyancing – Eatons Hill Conveyancing – Elimbah Conveyancing – Everton Hills Conveyancing  – Ferny Hills Conveyancing – Godwin Beach Conveyancing – Griffin Conveyancing – Joyner Conveyancing – Kallangur Conveyancing – Kippa-Ring Conveyancing – Kurwongbah Conveyancing – Lawnton Conveyancing – Mango Hill Conveyancing – Margate Conveyancing – Moodlu Conveyancing – Morayfield Conveyancing – Murrumba Downs Conveyancing – Narangba Conveyancing – Newport Conveyancing – Ningi Conveyancing – North Lakes Conveyancing – Petrie Conveyancing – Redcliffe Conveyancing – Rothwell Conveyancing – Sandstone Point Conveyancing – Scarborough Conveyancing – Strathpine Conveyancing – Upper Caboolture Conveyancing – Warner Conveyancing – Whiteside Conveyancing – Woody Point Conveyancing – Woorim Conveyancing
Armstrong Creek Conveyancing – Bellmere Conveyancing – Bellthorpe Conveyancing – Booroobin Conveyancing – Bracalba Conveyancing – Camp Mountain Conveyancing – Campbells Pocket Conveyancing – Cedar Creek Conveyancing – Cedarton Conveyancing – Clear Mountain Conveyancing – Closeburn Conveyancing – Commissioners Flat Conveyancing – D’Aguilar Conveyancing – Dayboro Conveyancing – Delaneys Creek Conveyancing – Donnybrook Conveyancing – Draper Conveyancing – Highvale Conveyancing – Jollys Lookout Conveyancing – King Scrub Conveyancing – Kobble Creek Conveyancing – Laceys Creek Conveyancing – Meldale Conveyancing – Moorina Conveyancing – Mount Delaney Conveyancing – Mount Glorious Conveyancing – Mount Mee  Conveyancing – Mount Nebo Conveyancing – Mount Pleasant Conveyancing – Mount Samson Conveyancing – Neurum Conveyancing – Ocean View Conveyancing – Rocksberg Conveyancing – Rush Creek Conveyancing – Samford Valley Conveyancing – Samford Village Conveyancing – Samsonvale Conveyancing – Stanmore Conveyancing – Stony Creek Conveyancing – Toorbul Conveyancing – Wamuran Basin Conveyancing – Wamuran Conveyancing – Welsby Conveyancing – White Patch Conveyancing – Wights Mountain Conveyancing – Woodford Conveyancing – Yugar Conveyancing

Given conveyancing is now a common area of practice for most legal practices, buyers and sellers are shopping around to compare prices for conveyancing more than ever before. However, one big mistake that we see buyers and sellers make is automatically opting for the cheapest price. Unfortunately, the cheapest option is not always the best option. We look at the main questions that you should be asking when you are getting quotes to avoid the extra fees creeping up on you and to ensure that your interests are being adequately protected.

1.What are your professional fees?

 Professional fees are the fees that are charged by the legal practice for the conveyancing service that they are providing you. When enquiring about the professional fees, it is also important to ask whether the amount quoted is GST inclusive or exclusive, as some firms will quote a fixed fee and then add GST onto that later, when you may have been of the understanding that the fee was actually GST inclusive. Most clients have a tendency to go with the firm that has the lowest professional fee, however as we will outline below, these firm’s do not always end up the cheapest when it comes time to pay their invoice at settlement. 

2. What outlays are you going to be charged?

Outlays, or disbursements, are costs that are incurred as part of the conveyancing process that are not part of the professional fee for the services provided. They can include photocopying, postage and petties, phone calls, bank cheque fees, agent’s fees and the like. Some firms will even include the cost of searches as their outlays – we will look at this further below.

As it is not economical for all law firms to send their clerks to attend settlement, most firms will engage a settlement agent to attend settlement on their behalf – this may also be added on to your conveyancing fees and can range from $30.00 – $80.00 depending on the amount of work required of the agent.

Some firms will include most or all of the outlays above in their fee, whilst others will add it on top of their fee by giving you a quote of “$X plus GST and outlays”. In these situations, the outlays can add up but the actual price to expect is not fully disclosed under the guise of the use of the word “outlays”. These outlays can add up to a few hundred dollars depending on what firms do or don’t include under their definition of “outlays”.

3. What searches will you do?

When acting for a seller, the searches that a conveyance or solicitor are required to do are minimal. Generally only a title search will be done and perhaps a search of the registered plan and contaminated land register. If you are selling and have received a quote, you should query whether or not the cost of the title search has been included in the quote.

When acting for a buyer, your conveyancer or solicitor will undertake more extensive searches for you in order to ensure that your rights are adequately protected and that there are no outstanding issues with the property. Again, many “cut price” firms will undertake the most basic searches – title search, registered plan and rates. Others may go a step further and search the Contaminated Land Register, check for council approvals and notices, land tax, Transport and Main Roads searches etc. Others may be completely through and undertake almost every search available.

The cost of searches will vary depending on which ones you are wanting and what you are seeking to find out about the property or the seller. The most basic searches may only incur say $100.00 where undertaking more extensive searches can cost up to $1,000.00. It is not necessary to do every single search (unless your budget allows), but doing only the bare basic searches can also be dangerous. It is therefore important to discuss aspects of your property with your conveyancer so that the most appropriate searches can be obtained. For example, has the property been renovated, where is it located, is it in a flood zone etc.

4. Do you charge for pre-contract advice or Special Conditions?

Most conveyancers will look over your Contract before you sign to ensure that your rights are protected and that any Special Conditions are drafted correctly. However, other firms may charge you to do this or to draft conditions for you. Obviously, if your conveyancer is going to charge you for this, you will need to enquire as to whether this fee is in addition to their professional fee, or whether it has been factored into the quote you have been given.

5. Do you charge for extensions on conditions?

As we have outlined above, going for the firm with the lowest professional fee is not always going to be the cheapest. These firms often recover their costs by charging their clients for each extension. This means that every time the client, or the other party in the transaction, requests an extension to a Finance, Building and Pest, Due Diligence condition etc, an additional fee (usually an extra $50 plus GST) will be incurred by the client. This can really add up, without any fault by you, if the other party to your transaction is disorganised or is struggling to fulfil the conditions in the Contract on time.

Whilst incurring charges will be less of a concern where you have signed an unconditional Contract, the extent of your expense will mostly be unknown at the time of signing the Contract – your conveyance could go through smoothly with every condition being met on time, or you or the other party could require multiple extensions, thereby adding a few extra hundred dollars onto your costs. If you are looking at a firm with the lowest professional fee, it is imperative that you confirm any charges for extensions and approach the firms that charge for extensions with caution.

6. Do you charge if the Contract falls over?

Some firms may charge you for their work done on your Contract to date if the Contract is terminated for some reason. Whilst this is a completely justifiable charge, given a lot of time and effort can go into trying to keep a Contract on foot, it is an important consideration when getting quotes. A firm that charges a higher fee but does not charge for work done on a terminated Contract is likely to work out cheaper than a firm that charges a lower professional fee but then charges a few hundred dollars for the work done on a terminated Contract.

If a firm does charge for the Contract falling over, it will also be difficult to determine how much this will be when you first sign a Contract. For example, the price you might pay if the Contract falls over on its first due condition will be less than taking a Contract nearly to Settlement and then having it fall over.

7. How many files does the conveyancer deal with at one time?

This question may be viewed two ways:

1. If the conveyancer handles a large number of files at once, it indicates capability and experience, however;
2. If the conveyancer handles a large number of files it can also serve as a red flag that you may not receive great service because the conveyancer simply can not dedicate as much time to your particular file as you would like because they are juggling so many others at once. This can be important when satisfying conditions; for example, a conveyancer with minimal files will be better equipped to peruse lengthy building and pest reports in detail and then engage in negotiations on this condition than a conveyancer who is handling a large number of files.

If obtaining the cheapest price is your priority, you are not concerned about the level of service you receive and are happy with a “sausage factory” approach to your conveyancing, then perhaps you can justify a cut-price firm. You just need to bear in mind that the reason why their prices are likely to be cheap is because they rely on a certain volume of files to come in to cover their expenses. This can mean that the conveyancers can be overloaded.

Conversely, if you are expecting good service, you are unlikely to receive it from a cheaper firm and perhaps it is worth spending a little extra to be adequately serviced.

***Disclaimer: our comments are not suggesting that firms offering cheaper conveyancing necessarily provide poor service, we are merely stating this as a consideration when deciding on a conveyancer.

8. Is there a solicitor on hand to provide advice if things go pear-shaped and how much will that cost?

Every client hopes that they will proceed to settlement smoothly and without any issues. However, it is always comforting to know that in the event your conveyancing does hit a hurdle, that there will be a solicitor on hand to assist your conveyancer with your transaction.

Whilst conveyancers can have years of experience, they are not qualified to give legal advice and as such, having a solicitor present to immediately assist you and provide advice on your rights will be beneficial.

Assuming that the firm does offer a solicitor to provide advice to overcome any hurdles, it is also important that you enquire as to whether you will be charged for this qualified advice and if so, how much it will be.

9. Are there any kickbacks going to third parties?

Have you been referred to a particular conveyancer by your real estate or mortgage broker etc? If so, it could be worthwhile you enquiring as to whether or not that third party seeks to gain anything from the transaction or receive a kickback of some description.

Real Estate Agents are required to disclose any kickback they are receiving from a third party (such as a solicitor) in their Property Occupations Act forms. However if you have been referred by another party then it might be worthwhile asking the question, as you could be paying a heightened price for your conveyancing because your conveyance has factored the kickback that a third party may be receiving from your conveyance into your price.

When selecting your conveyancer, you need to decide whether you are wanting good service or whether you are just happy to go with the cheapest option. If your just concerned with the cheapest option, then make sure it is actually the cheapest option after taking into consideration each of the factors we have outlined and not just go ahead with the firm with the lowest professional fee.

Another main consideration – do you really want to leave the sale or purchase of your biggest asset (a property) to a cut-price firm? Is cheap always the best? Given the amount of money at stake it is imperative that you ensure that your rights are adequately protected and that your conveyancer has the time, skill and resources to be able to address any issues and provide you with great service.

If you have any questions in relation to the breakdown of conveyancing fees or would like a quote for your conveyancing, please contact our experienced conveyancers today – (07) 3870 8244 (Toowong) or (07) 3264 7692 (Albany Creek).

Bowen Hills Conveyancing – Brisbane Conveyancing – East Brisbane Conveyancing – Fortitude Valley Conveyancing – Herston Conveyancing – Highgate Hill Conveyancing – Kangaroo Point Conveyancing – Kelvin Grove Conveyancing – New Farm Conveyancing – Newstead Conveyancing – Paddington Conveyancing – Petrie Terrace Conveyancing  – Red Hill Conveyancing – South Brisbane Conveyancing – Spring Hill Conveyancing – Teneriffe Conveyancing – West End Conveyancing – Woolloongabba Conveyancing
Albion Conveyancing – Alderley Conveyancing – Ascot Conveyancing – Aspley Conveyancing – Bald Hills Conveyancing – Banyo Conveyancing – Boondall Conveyancing – Bracken Ridge Conveyancing – Bridgeman Downs Conveyancing – Conveyancing –  Brighton Conveyancing – Brisbane Airport Conveyancing – Carseldine Conveyancing – Chermside Conveyancing – Chermside West Conveyancing – Clayfield Conveyancing – Deagon Conveyancing – Eagle Farm Conveyancing  – Everton Park Conveyancing – Ferny Grove Conveyancing – Fitzgibbon Conveyancing – Gaythorne Conveyancing – Geebung Conveyancing – Gordon Park Conveyancing – Grange Conveyancing – Hamilton Conveyancing – Hendra Conveyancing – Kalinga Conveyancing – Kedron Conveyancing – Keperra Conveyancing – Lutwyche Conveyancing – McDowall Conveyancing – Mitchelton Conveyancing – Myrtletown Conveyancing – Newmarket Conveyancing – Northgate Conveyancing – Nudgee Conveyancing – Nudgee Beach Conveyancing – Nundah Conveyancing – Pinkenba Conveyancing – Sandgate Conveyancing – Shorncliffe Conveyancing – Stafford Conveyancing – Stafford Heights Conveyancing – Taigum Conveyancing – Virginia Conveyancing – Wavell Heights Conveyancing – Wilston Conveyancing – Windsor Conveyancing – Wooloowin Conveyancing – Zillmere Conveyancing
Acacia Ridge Conveyancing – Algester Conveyancing – Annerley Conveyancing – Archerfield Conveyancing – Burbank Conveyancing – Calamvale Conveyancing – Coopers Plains Conveyancing– Darra Conveyancing – Doolandella Conveyancing – Drewvale Conveyancing– Durack Conveyancing – Dutton Park Conveyancing – Eight Mile Plains Conveyancing – Ellen Grove Conveyancing – Fairfield Conveyancing – Forest Lake Conveyancing – Greenslopes Conveyancing – Heathwood Conveyancing – Holland Park Conveyancing – Holland Park West Conveyancing – Inala Conveyancing – Karawatha Conveyancing – Kuraby Conveyancing – Larapinta Conveyancing – MacGregor Conveyancing – Mackenzie Conveyancing – Mansfield Conveyancing – Moorooka Conveyancing – Mount Gravatt Conveyancing – Mount Gravatt East Conveyancing – Nathan Conveyancing – Pallara Conveyancing – Parkinson Conveyancing – Richlands Conveyancing – Robertson Conveyancing – Rochedale Conveyancing – Rocklea Conveyancing – Runcorn Conveyancing – Salisbury Conveyancing – Seventeen Mile Rocks Conveyancing – Sinnamon Park Conveyancing – Stones Corner Conveyancing – Stretton Conveyancing – Sumner Conveyancing – Sunnybank Conveyancing – Sunnybank Hills Conveyancing – Tarragindi Conveyancing – Tennyson Conveyancing – Upper Mount Gravatt Conveyancing – Wacol Conveyancing – Willawong Conveyancing – Wishart Conveyancing – Yeerongpilly Conveyancing – Yeronga Conveyancing
Balmoral Conveyancing – Belmont Conveyancing – Bulimba Conveyancing – Camp Hill Conveyancing – Cannon Hill Conveyancing – Carina Conveyancing – Carina Heights Conveyancing – Carindale Conveyancing – Chandler Conveyancing – Coorparoo Conveyancing – Gumdale Conveyancing – Hawthorne Conveyancing – Hemmant Conveyancing – Lota Conveyancing– Lytton Conveyancing – Manly Conveyancing – Manly West Conveyancing – Moreton Island Conveyancing – Morningside Conveyancing – Murarrie Conveyancing – Norman Park Conveyancing – Port of Brisbane Conveyancing – Ransome Conveyancing – Seven Hills Conveyancing – Tingalpa Conveyancing – Wakerley Conveyancing – Wynnum Conveyancing – Wynnum West Conveyancing
Anstead Conveyancing – Ashgrove Conveyancing – Auchenflower Conveyancing – Bardon Conveyancing – Bellbowrie Conveyancing – Brookfield Conveyancing – Chapel Hill Conveyancing – Chelmer Conveyancing – Chuwar Conveyancing – Corinda Conveyancing – Enoggera Conveyancing – Enoggera Reservoir Conveyancing – Fig Tree Pocket Conveyancing – Graceville Conveyancing – Indooroopilly Conveyancing – Jamboree Heights Conveyancing – Jindalee Conveyancing – Karana Downs Conveyancing – Kenmore Conveyancing – Kenmore Hills Conveyancing – Kholo Conveyancing – Lake Manchester Conveyancing – Middle Park Conveyancing – Milton Conveyancing – Moggill Conveyancing – Mount Coot-tha Conveyancing – Mount Crosby Conveyancing – Mount Ommaney Conveyancing – Oxley Conveyancing – Pinjarra Hills Conveyancing – Pullenvale Conveyancing – Riverhills Conveyancing – Seventeen Mile Rocks Conveyancing – Sherwood Conveyancing – Sinnamon Park Conveyancing – St Lucia Conveyancing – Taringa Conveyancing – The Gap Conveyancing – Toowong Conveyancing – Upper Brookfield Conveyancing – Upper Kedron Conveyancing – Westlake Conveyancing
Augustine Heights Conveyancing – Barellan Point Conveyancing – Basin Pocket Conveyancing – Bellbird Park Conveyancing – Blacksoil Conveyancing – Blackstone Conveyancing – Booval Conveyancing – Brassall Conveyancing – Brookwater Conveyancing – Bundamba Conveyancing – Camira Conveyancing – Carole Park Conveyancing – Churchill Conveyancing – Chuwar Conveyancing – Coalfalls Conveyancing – Collingwood Park Conveyancing– Dinmore Conveyancing – East Ipswich Conveyancing – Eastern Heights Conveyancing – Ebbw Vale Conveyancing – Flinders View Conveyancing – Gailes Conveyancing – Goodna Conveyancing – Ipswich Conveyancing – Karalee Conveyancing – Karrabin Conveyancing – Leichhardt Conveyancing – Moores Pocket Conveyancing – Muirlea Conveyancing – New Chum Conveyancing – Newtown Conveyancing – North Booval Conveyancing– North Ipswich Conveyancing – North Tivoli Conveyancing – One Mile Conveyancing – Raceview Conveyancing – Redbank Conveyancing – Redbank Plains Conveyancing – Riverview Conveyancing – Sadliers Crossing Conveyancing – Silkstone Conveyancing – Springfield Conveyancing – Springfield Central Conveyancing – Springfield Lakes Conveyancing – Tivoli Conveyancing – West Ipswich Conveyancing – Woodend Conveyancing – Wulkuraka Conveyancing – Yamanto Conveyancing
Amberley Conveyancing – Ashwell Conveyancing – Calvert Conveyancing – Deebing Heights Conveyancing – Ebenezer Conveyancing – Goolman Conveyancing – Grandchester Conveyancing – Haigslea Conveyancing – Ironbark Conveyancing – Jeebropilly Conveyancing – Lanefield Conveyancing – Marburg Conveyancing – Mount Forbes Conveyancing – Mount MarrowConveyancing – Mutdapilly Conveyancing – Pine Mountain Conveyancing – Purga Conveyancing – Ripley Conveyancing – Rosewood Conveyancing – South Ripley Conveyancing – Spring Mountain Conveyancing – Swanbank Conveyancing – Tallegalla Conveyancing – Thagoona – The Bluff Conveyancing – Walloon Conveyancing – White Rock Conveyancing – Willowbank Conveyancing – Woolshed Conveyancing
Bahrs Scrub Conveyancing – Bannockburn Conveyancing – Beenleigh Conveyancing – Belivah Conveyancing – Berrinba Conveyancing – Bethania Conveyancing – Boronia Heights Conveyancing – Browns Plains Conveyancing – Buccan Conveyancing – Carbrook Conveyancing – Cedar Creek Conveyancing – Cedar Grove Conveyancing – Cedar Vale Conveyancing – Chambers Flat Conveyancing – Cornubia Conveyancing – Crestmead Conveyancing – Daisy Hill Conveyancing – Eagleby Conveyancing – Edens Landing Conveyancing – Forestdale Conveyancing – Greenbank Conveyancing – Heritage Park Conveyancing – Hillcrest Conveyancing – Holmview Conveyancing – Jimboomba Conveyancing – Kagaru Conveyancing – Kingston Conveyancing – Logan Central Conveyancing – Logan Reserve Conveyancing – Logan Village Conveyancing – Loganholme Conveyancing – Loganlea Conveyancing – Lyons Conveyancing – Marsden Conveyancing – Meadowbrook Conveyancing – Mount Warren Park Conveyancing – Mundoolun Conveyancing – Munruben Conveyancing – New Beith Conveyancing – North Maclean Conveyancing – Park Ridge South Conveyancing – Park Ridge Conveyancing – Priestdale Conveyancing – Regents Park Conveyancing – Rochedale South Conveyancing – Shailer Park Conveyancing – Slacks Creek Conveyancing – South Maclean Conveyancing – Springwood Conveyancing – Stockleigh Conveyancing – Tamborine Conveyancing – Tanah Merah Conveyancing – Underwood Conveyancing – Undullah Conveyancing – Veresdale Scrub Conveyancing – Veresdale Conveyancing – Waterford West Conveyancing – Waterford Conveyancing – Windaroo Conveyancing – Wolffdene Conveyancing – Woodhill Conveyancing – Woodridge Conveyancing – Yarrabilba Conveyancing
Alexandra Hills Conveyancing – Amity Point Conveyancing – Birkdale Conveyancing – Capalaba Conveyancing – Cleveland Conveyancing – Coochiemudlo Island Conveyancing – Dunwich Conveyancing – Karragarra Island Conveyancing – Lamb Island Conveyancing – Macleay Island Conveyancing – Mount Cotton Conveyancing – North Stradbroke Island Conveyancing – Ormiston Conveyancing – Point Lookout Conveyancing – Redland Bay Conveyancing – Russell Island Conveyancing – Sheldon Conveyancing – Thorneside Conveyancing – Thornlands Conveyancing – Victoria Point Conveyancing – Wellington Point Conveyancing
Albany Creek Conveyancing – Arana Hills Conveyancing – Banksia Beach Conveyancing – Beachmere Conveyancing – Bellara Conveyancing – Bongaree Conveyancing – Bray Park Conveyancing – Brendale Conveyancing – Bunya Conveyancing – Burpengary Conveyancing – Caboolture Conveyancing – Caboolture South Conveyancing – Cashmere Conveyancing – Clontarf Conveyancing – Dakabin Conveyancing – Deception Bay Conveyancing – Eatons Hill Conveyancing – Elimbah Conveyancing – Everton Hills Conveyancing  – Ferny Hills Conveyancing – Godwin Beach Conveyancing – Griffin Conveyancing – Joyner Conveyancing – Kallangur Conveyancing – Kippa-Ring Conveyancing – Kurwongbah Conveyancing – Lawnton Conveyancing – Mango Hill Conveyancing – Margate Conveyancing – Moodlu Conveyancing – Morayfield Conveyancing – Murrumba Downs Conveyancing – Narangba Conveyancing – Newport Conveyancing – Ningi Conveyancing – North Lakes Conveyancing – Petrie Conveyancing – Redcliffe Conveyancing – Rothwell Conveyancing – Sandstone Point Conveyancing – Scarborough Conveyancing – Strathpine Conveyancing – Upper Caboolture Conveyancing – Warner Conveyancing – Whiteside Conveyancing – Woody Point Conveyancing – Woorim Conveyancing
Armstrong Creek Conveyancing – Bellmere Conveyancing – Bellthorpe Conveyancing – Booroobin Conveyancing – Bracalba Conveyancing – Camp Mountain Conveyancing – Campbells Pocket Conveyancing – Cedar Creek Conveyancing – Cedarton Conveyancing – Clear Mountain Conveyancing – Closeburn Conveyancing – Commissioners Flat Conveyancing – D’Aguilar Conveyancing – Dayboro Conveyancing – Delaneys Creek Conveyancing – Donnybrook Conveyancing – Draper Conveyancing – Highvale Conveyancing – Jollys Lookout Conveyancing – King Scrub Conveyancing – Kobble Creek Conveyancing – Laceys Creek Conveyancing – Meldale Conveyancing – Moorina Conveyancing – Mount Delaney Conveyancing – Mount Glorious Conveyancing – Mount Mee  Conveyancing – Mount Nebo Conveyancing – Mount Pleasant Conveyancing – Mount Samson Conveyancing – Neurum Conveyancing – Ocean View Conveyancing – Rocksberg Conveyancing – Rush Creek Conveyancing – Samford Valley Conveyancing – Samford Village Conveyancing – Samsonvale Conveyancing – Stanmore Conveyancing – Stony Creek Conveyancing – Toorbul Conveyancing – Wamuran Basin Conveyancing – Wamuran Conveyancing – Welsby Conveyancing – White Patch Conveyancing – Wights Mountain Conveyancing – Woodford Conveyancing – Yugar Conveyancing

When you transfer a property from one individual or entity to another, this administrative process is known as conveyancing and needs to be undertaken whenever you buy or sell property. For most of us, property will be the most valuable asset we will ever own, so whether you are buying your first home or are trading up to a larger family residence, buying and selling property can be an overwhelming experience.

As a buyer or a seller, you will go through many emotional roller coasters during the course of your property transaction. The biggest stressor in most transactions is the money you spend as soon as you decide that you want to sell your home or purchase a new one.

As a seller you are spending money on rectification works to ensure the property is ready to sell, marketing fees and agents commission, just to name a few.

As a buyer you have the additional expense of building and pest inspections, local authority searches, bank application fees and stamp duty.

Whether you are a buyer or a seller, by the time you have calculated these expenses most people believe that conveyancing is too expensive and reasonably straightforward. I mean, how hard could it be?

This train of thought tempts some people to try to do their conveyancing themselves.

Whilst self-acting in your conveyance may save money, it can be extremely risky.  If you go through the process incorrectly, miss any crucial dates, the terms of the contract are not met and/or settlement fails, you could forfeit your deposit and you could be sued for damages by the other party.  You will end up spending far more in legal and court fees than you would have done by simply instructing a conveyancer.

What your Conveyancer will do for you

So let’s discuss the role of a Conveyancer. A good conveyancer will clearly explain the meaning and importance of each step during your transaction. Drawing upon your instructions, we will assist you to meet your legal obligations and protect your rights and interests.

Acting for you as a seller, the number one priority of your conveyancer is to ensure that you have a valid title that can be passed to the purchaser on payment of the agreed price. It is important that this process is carried out correctly as only then can the buyer, who has paid for the property, be confident of having a right of ownership that cannot be challenged in the future.

Acting for you as a buyer, your conveyancer will ensure that you are receiving a clear and unencumbered title at settlement and ensure that your pre-settlement rights are protected.

On your behalf, the conveyancer will:

• Provide you with advice on your Contract of Sale and any special conditions prior to signing to ensure that your interests are adequately protected
• Diarise key dates under your Contract of Sale explain each step of the process with a “Next Action Check List”, within the contract time limits e.g. instruct you to apply for finance and/or lodge your Discharge Request with your releasing mortgagee
• Help you to initiate building and pest inspections and undertake Certificate of Title searches and searches of government departments and local authorities.  Most conveyancers will provide you with copies of these searches and an easy to read and understand Search Report.
• Attend to the removal of any encumbrances on the title such as expired leases, caveats, writs and statutory charges
• Provide on notice periods required for tenanted properties, where the buyer requires vacant possession at settlement
• Peruse your building and pest reports and advise you on your right to have matters rectified or negotiate any reductions in the purchase price on your behalf
• Prepare, clarify, certify and lodge legal documents e.g. Transfer of Land
• Help you to sign any bank documents
• Stamping of required documents for lodgement with the Office of State Revenue (as a self acting buyer, you would need to pay a settlement agent to undertake this for you anyway)
• Calculation of adjustments of rates and taxes
• Preparation of settlement statements
• Liaison with mortgagors and financiers; and
• Attendance on your behalf at settlement;
• Attendance to post-settlement tasks, such as notifying the body corporate of the change of ownership, paying any overdue rates, water, body corporate or land tax liabilities.

Given the last thing you want when buying or selling property is to encounter costly delays or errors during the settlement period, can you afford not to engage a conveyancer, who specialises in property transfers, to undertake your conveyance for you?

It is a small price to pay to ensure that your property transaction proceeds smoothly. If the conveyance is for an investment property, the legal fees can be used as a tax deduction to offset any capital gain you make on the property when you sell the property.

If you choose to use a conveyancer, make allowances for all the costs in your budget – a good conveyancer will give you these costs upfront upon receiving your initial contact and most mortgage brokers can give you a rough estimate.

For more information on Buying or Selling property or advice on how we can assist you with your property transaction, please contact our experienced conveyancers today – (07) 3870 8244 (Toowong) or (07) 32647692.

Bowen Hills Conveyancing – Brisbane Conveyancing – East Brisbane Conveyancing – Fortitude Valley Conveyancing – Herston Conveyancing – Highgate Hill Conveyancing – Kangaroo Point Conveyancing – Kelvin Grove Conveyancing – New Farm Conveyancing – Newstead Conveyancing – Paddington Conveyancing – Petrie Terrace Conveyancing  – Red Hill Conveyancing – South Brisbane Conveyancing – Spring Hill Conveyancing – Teneriffe Conveyancing – West End Conveyancing – Woolloongabba Conveyancing
Albion Conveyancing – Alderley Conveyancing – Ascot Conveyancing – Aspley Conveyancing – Bald Hills Conveyancing – Banyo Conveyancing – Boondall Conveyancing – Bracken Ridge Conveyancing – Bridgeman Downs Conveyancing – Conveyancing –  Brighton Conveyancing – Brisbane Airport Conveyancing – Carseldine Conveyancing – Chermside Conveyancing – Chermside West Conveyancing – Clayfield Conveyancing – Deagon Conveyancing – Eagle Farm Conveyancing  – Everton Park Conveyancing – Ferny Grove Conveyancing – Fitzgibbon Conveyancing – Gaythorne Conveyancing – Geebung Conveyancing – Gordon Park Conveyancing – Grange Conveyancing – Hamilton Conveyancing – Hendra Conveyancing – Kalinga Conveyancing – Kedron Conveyancing – Keperra Conveyancing – Lutwyche Conveyancing – McDowall Conveyancing – Mitchelton Conveyancing – Myrtletown Conveyancing – Newmarket Conveyancing – Northgate Conveyancing – Nudgee Conveyancing – Nudgee Beach Conveyancing – Nundah Conveyancing – Pinkenba Conveyancing – Sandgate Conveyancing – Shorncliffe Conveyancing – Stafford Conveyancing – Stafford Heights Conveyancing – Taigum Conveyancing – Virginia Conveyancing – Wavell Heights Conveyancing – Wilston Conveyancing – Windsor Conveyancing – Wooloowin Conveyancing – Zillmere Conveyancing
Acacia Ridge Conveyancing – Algester Conveyancing – Annerley Conveyancing – Archerfield Conveyancing – Burbank Conveyancing – Calamvale Conveyancing – Coopers Plains Conveyancing– Darra Conveyancing – Doolandella Conveyancing – Drewvale Conveyancing– Durack Conveyancing – Dutton Park Conveyancing – Eight Mile Plains Conveyancing – Ellen Grove Conveyancing – Fairfield Conveyancing – Forest Lake Conveyancing – Greenslopes Conveyancing – Heathwood Conveyancing – Holland Park Conveyancing – Holland Park West Conveyancing – Inala Conveyancing – Karawatha Conveyancing – Kuraby Conveyancing – Larapinta Conveyancing – MacGregor Conveyancing – Mackenzie Conveyancing – Mansfield Conveyancing – Moorooka Conveyancing – Mount Gravatt Conveyancing – Mount Gravatt East Conveyancing – Nathan Conveyancing – Pallara Conveyancing – Parkinson Conveyancing – Richlands Conveyancing – Robertson Conveyancing – Rochedale Conveyancing – Rocklea Conveyancing – Runcorn Conveyancing – Salisbury Conveyancing – Seventeen Mile Rocks Conveyancing – Sinnamon Park Conveyancing – Stones Corner Conveyancing – Stretton Conveyancing – Sumner Conveyancing – Sunnybank Conveyancing – Sunnybank Hills Conveyancing – Tarragindi Conveyancing – Tennyson Conveyancing – Upper Mount Gravatt Conveyancing – Wacol Conveyancing – Willawong Conveyancing – Wishart Conveyancing – Yeerongpilly Conveyancing – Yeronga Conveyancing
Balmoral Conveyancing – Belmont Conveyancing – Bulimba Conveyancing – Camp Hill Conveyancing – Cannon Hill Conveyancing – Carina Conveyancing – Carina Heights Conveyancing – Carindale Conveyancing – Chandler Conveyancing – Coorparoo Conveyancing – Gumdale Conveyancing – Hawthorne Conveyancing – Hemmant Conveyancing – Lota Conveyancing– Lytton Conveyancing – Manly Conveyancing – Manly West Conveyancing – Moreton Island Conveyancing – Morningside Conveyancing – Murarrie Conveyancing – Norman Park Conveyancing – Port of Brisbane Conveyancing – Ransome Conveyancing – Seven Hills Conveyancing – Tingalpa Conveyancing – Wakerley Conveyancing – Wynnum Conveyancing – Wynnum West Conveyancing
Anstead Conveyancing – Ashgrove Conveyancing – Auchenflower Conveyancing – Bardon Conveyancing – Bellbowrie Conveyancing – Brookfield Conveyancing – Chapel Hill Conveyancing – Chelmer Conveyancing – Chuwar Conveyancing – Corinda Conveyancing – Enoggera Conveyancing – Enoggera Reservoir Conveyancing – Fig Tree Pocket Conveyancing – Graceville Conveyancing – Indooroopilly Conveyancing – Jamboree Heights Conveyancing – Jindalee Conveyancing – Karana Downs Conveyancing – Kenmore Conveyancing – Kenmore Hills Conveyancing – Kholo Conveyancing – Lake Manchester Conveyancing – Middle Park Conveyancing – Milton Conveyancing – Moggill Conveyancing – Mount Coot-tha Conveyancing – Mount Crosby Conveyancing – Mount Ommaney Conveyancing – Oxley Conveyancing – Pinjarra Hills Conveyancing – Pullenvale Conveyancing – Riverhills Conveyancing – Seventeen Mile Rocks Conveyancing – Sherwood Conveyancing – Sinnamon Park Conveyancing – St Lucia Conveyancing – Taringa Conveyancing – The Gap Conveyancing – Toowong Conveyancing – Upper Brookfield Conveyancing – Upper Kedron Conveyancing – Westlake Conveyancing
Augustine Heights Conveyancing – Barellan Point Conveyancing – Basin Pocket Conveyancing – Bellbird Park Conveyancing – Blacksoil Conveyancing – Blackstone Conveyancing – Booval Conveyancing – Brassall Conveyancing – Brookwater Conveyancing – Bundamba Conveyancing – Camira Conveyancing – Carole Park Conveyancing – Churchill Conveyancing – Chuwar Conveyancing – Coalfalls Conveyancing – Collingwood Park Conveyancing– Dinmore Conveyancing – East Ipswich Conveyancing – Eastern Heights Conveyancing – Ebbw Vale Conveyancing – Flinders View Conveyancing – Gailes Conveyancing – Goodna Conveyancing – Ipswich Conveyancing – Karalee Conveyancing – Karrabin Conveyancing – Leichhardt Conveyancing – Moores Pocket Conveyancing – Muirlea Conveyancing – New Chum Conveyancing – Newtown Conveyancing – North Booval Conveyancing– North Ipswich Conveyancing – North Tivoli Conveyancing – One Mile Conveyancing – Raceview Conveyancing – Redbank Conveyancing – Redbank Plains Conveyancing – Riverview Conveyancing – Sadliers Crossing Conveyancing – Silkstone Conveyancing – Springfield Conveyancing – Springfield Central Conveyancing – Springfield Lakes Conveyancing – Tivoli Conveyancing – West Ipswich Conveyancing – Woodend Conveyancing – Wulkuraka Conveyancing – Yamanto Conveyancing
Amberley Conveyancing – Ashwell Conveyancing – Calvert Conveyancing – Deebing Heights Conveyancing – Ebenezer Conveyancing – Goolman Conveyancing – Grandchester Conveyancing – Haigslea Conveyancing – Ironbark Conveyancing – Jeebropilly Conveyancing – Lanefield Conveyancing – Marburg Conveyancing – Mount Forbes Conveyancing – Mount MarrowConveyancing – Mutdapilly Conveyancing – Pine Mountain Conveyancing – Purga Conveyancing – Ripley Conveyancing – Rosewood Conveyancing – South Ripley Conveyancing – Spring Mountain Conveyancing – Swanbank Conveyancing – Tallegalla Conveyancing – Thagoona – The Bluff Conveyancing – Walloon Conveyancing – White Rock Conveyancing – Willowbank Conveyancing – Woolshed Conveyancing
Bahrs Scrub Conveyancing – Bannockburn Conveyancing – Beenleigh Conveyancing – Belivah Conveyancing – Berrinba Conveyancing – Bethania Conveyancing – Boronia Heights Conveyancing – Browns Plains Conveyancing – Buccan Conveyancing – Carbrook Conveyancing – Cedar Creek Conveyancing – Cedar Grove Conveyancing – Cedar Vale Conveyancing – Chambers Flat Conveyancing – Cornubia Conveyancing – Crestmead Conveyancing – Daisy Hill Conveyancing – Eagleby Conveyancing – Edens Landing Conveyancing – Forestdale Conveyancing – Greenbank Conveyancing – Heritage Park Conveyancing – Hillcrest Conveyancing – Holmview Conveyancing – Jimboomba Conveyancing – Kagaru Conveyancing – Kingston Conveyancing – Logan Central Conveyancing – Logan Reserve Conveyancing – Logan Village Conveyancing – Loganholme Conveyancing – Loganlea Conveyancing – Lyons Conveyancing – Marsden Conveyancing – Meadowbrook Conveyancing – Mount Warren Park Conveyancing – Mundoolun Conveyancing – Munruben Conveyancing – New Beith Conveyancing – North Maclean Conveyancing – Park Ridge South Conveyancing – Park Ridge Conveyancing – Priestdale Conveyancing – Regents Park Conveyancing – Rochedale South Conveyancing – Shailer Park Conveyancing – Slacks Creek Conveyancing – South Maclean Conveyancing – Springwood Conveyancing – Stockleigh Conveyancing – Tamborine Conveyancing – Tanah Merah Conveyancing – Underwood Conveyancing – Undullah Conveyancing – Veresdale Scrub Conveyancing – Veresdale Conveyancing – Waterford West Conveyancing – Waterford Conveyancing – Windaroo Conveyancing – Wolffdene Conveyancing – Woodhill Conveyancing – Woodridge Conveyancing – Yarrabilba Conveyancing
Alexandra Hills Conveyancing – Amity Point Conveyancing – Birkdale Conveyancing – Capalaba Conveyancing – Cleveland Conveyancing – Coochiemudlo Island Conveyancing – Dunwich Conveyancing – Karragarra Island Conveyancing – Lamb Island Conveyancing – Macleay Island Conveyancing – Mount Cotton Conveyancing – North Stradbroke Island Conveyancing – Ormiston Conveyancing – Point Lookout Conveyancing – Redland Bay Conveyancing – Russell Island Conveyancing – Sheldon Conveyancing – Thorneside Conveyancing – Thornlands Conveyancing – Victoria Point Conveyancing – Wellington Point Conveyancing
Albany Creek Conveyancing – Arana Hills Conveyancing – Banksia Beach Conveyancing – Beachmere Conveyancing – Bellara Conveyancing – Bongaree Conveyancing – Bray Park Conveyancing – Brendale Conveyancing – Bunya Conveyancing – Burpengary Conveyancing – Caboolture Conveyancing – Caboolture South Conveyancing – Cashmere Conveyancing – Clontarf Conveyancing – Dakabin Conveyancing – Deception Bay Conveyancing – Eatons Hill Conveyancing – Elimbah Conveyancing – Everton Hills Conveyancing  – Ferny Hills Conveyancing – Godwin Beach Conveyancing – Griffin Conveyancing – Joyner Conveyancing – Kallangur Conveyancing – Kippa-Ring Conveyancing – Kurwongbah Conveyancing – Lawnton Conveyancing – Mango Hill Conveyancing – Margate Conveyancing – Moodlu Conveyancing – Morayfield Conveyancing – Murrumba Downs Conveyancing – Narangba Conveyancing – Newport Conveyancing – Ningi Conveyancing – North Lakes Conveyancing – Petrie Conveyancing – Redcliffe Conveyancing – Rothwell Conveyancing – Sandstone Point Conveyancing – Scarborough Conveyancing – Strathpine Conveyancing – Upper Caboolture Conveyancing – Warner Conveyancing – Whiteside Conveyancing – Woody Point Conveyancing – Woorim Conveyancing
Armstrong Creek Conveyancing – Bellmere Conveyancing – Bellthorpe Conveyancing – Booroobin Conveyancing – Bracalba Conveyancing – Camp Mountain Conveyancing – Campbells Pocket Conveyancing – Cedar Creek Conveyancing – Cedarton Conveyancing – Clear Mountain Conveyancing – Closeburn Conveyancing – Commissioners Flat Conveyancing – D’Aguilar Conveyancing – Dayboro Conveyancing – Delaneys Creek Conveyancing – Donnybrook Conveyancing – Draper Conveyancing – Highvale Conveyancing – Jollys Lookout Conveyancing – King Scrub Conveyancing – Kobble Creek Conveyancing – Laceys Creek Conveyancing – Meldale Conveyancing – Moorina Conveyancing – Mount Delaney Conveyancing – Mount Glorious Conveyancing – Mount Mee  Conveyancing – Mount Nebo Conveyancing – Mount Pleasant Conveyancing – Mount Samson Conveyancing – Neurum Conveyancing – Ocean View Conveyancing – Rocksberg Conveyancing – Rush Creek Conveyancing – Samford Valley Conveyancing – Samford Village Conveyancing – Samsonvale Conveyancing – Stanmore Conveyancing – Stony Creek Conveyancing – Toorbul Conveyancing – Wamuran Basin  onveyancing – Wamuran Conveyancing – Welsby Conveyancing – White Patch Conveyancing – Wights Mountain Conveyancing – Woodford Conveyancing – Yugar Conveyancing