Northern Beaches Conveyancing & Property Lawyers
We are experienced conveyancing and property lawyers in the Northern Beaches. In addition to residential and commercial transactions, our conveyancers cover the full spectrum of property matters including transfers between family members, commercial leases, mortgages and loan agreements.
Northern Beaches Conveyancing Services
Conveyancing is the legal process of transferring an interest in land from one person to another. Buying and selling property is often the largest financial transaction many of our clients will undertake. Our proactive approach to communication ensures you are kept advised on the progress of your conveyancing matter so you know what’s happening and can make informed decisions.
We are members of PEXA, and all our settlements are conducted electronically and securely. The PEXA workspace provides greater efficiency in the conveyancing process and real-time registration of documents and payments.
Buying a Residential Property
Our Northern Beaches property lawyers can help whether you are a first home buyer or a seasoned investor and whether you are buying vacant land, an off-the-plan strata unit, or an existing dwelling.
Our conveyancers focus when acting for a purchaser is to ensure they are aware of the risks involved in buying property, and that they understand their rights and obligations under the contract. We will explain the contract terms and, if necessary, negotiate certain provisions to help better protect your interests. We can assist with due diligence and recommend pre purchase and other inspections that you should consider before you enter binding contracts. We will explain any cooling-off rights under the contract and, when you are ready to move forward, organise an exchange of contracts and guide you through to settlement.
Following exchange of contracts, we make certain enquiries with relevant government departments to ensure the property is not adversely affected by any proposals, to establish whether the land has a land tax charge and determine rates outstanding to the council and water authority. We will ensure that water rates, council rates and strata levies are adjusted at settlement and will arrange for a mutually convenient time with the vendor and lender for settlement to occur.
Buying at Auction
If you are successful at an auction, you will need to exchange contracts on the day of the auction. There is no cooling-off period and after you exchange, you may be stuck with whatever terms and conditions are included in the contract at that time. For this reason, we recommend obtaining advice on the contract of sale and seeking any changes to terms ahead of the auction. Examples of common requested changes include variations to the length of the contract and the deposit sum required.
Selling a Residential Property
Vendors have certain obligations when selling residential property including the preparation of a written contract and the inclusion of certain disclosure material. The contract for sale must be available before marketing the property. Our Northern Beaches conveyancers can explain your responsibilities as a seller, prepare the contract and obtain the relevant disclosure documents. We can also draft special conditions to suit your specific circumstances, for example, a longer or shorter settlement period.
Once a sale has been negotiated, we work closely with the agent to ensure exchange of contracts occurs as quickly as possible. After exchange, we will liaise with your lender, if relevant, so any mortgage can be discharged in time for settlement. We will ensure that water rates, council rates and any strata levies are adjusted at settlement before organising completion through the electronic conveyancing platform.
Family and other Property Transfers
Sometimes shares or interests in real estate are transferred without a standard sale/purchase transaction. There are various reasons for this, for example, when an owner or co-owner of real estate dies, or when a relationship breaks down and the parties have reached a property settlement or court orders have been made. Shares in property may also be transferred as part of your estate planning or to protect assets.
While the idea of transferring the whole or a share in property might seem simple, there are legal and financial implications to consider. The transfer of property can trigger tax and stamp duty liabilities, so it is essential to get the right advice up-front and complete the correct documentation.
Speak to a Northern Beaches Conveyancer Today
Our conveyancing and property lawyers in the Northern Beaches can prepare the necessary documents for the assessment of transfer duty (or application for duty concession) and attend to registration of the transfer on your behalf. You may also want to consult your accountant to ensure that you understand any taxation and financial implications of the proposed transfer.
If you need assistance, contact one of our lawyers at [email protected] or call 02 9949 4022 for expert legal advice.