Conveyancing

Our experienced conveyancing team help clients through all aspects of their residential conveyancing requirements. Whether you are Buying or Selling a House, Vacant Land or a Unit, we can assist you.

Are you Purchasing a Property?

Are you Selling a Property?

 

Guide to Buying 

What We Do

The services provided would include:

  • Perusal of proposed/binding Contract and Disclosure Statement (if applicable);
  • Contact with you by telephone to discuss the same;
  • Preparation of all transfer documentation and stamp duty concession documentation (if applicable);
  • Attendance to all required searches;
  • Liaising with your financier to organise settlement;
  • Witnessing of all mortgage documentation if required by you or your financier;
  • Arranging for and witnessing your signature(s) on any of our required documentation;
  • Arranging settlement;
  • Stamping of documentation as necessary;
  • Calculation of settlement adjustments;
  • Contact with you by telephone to discuss the same;
  • Attendance at settlement;
  • Registration of the transfer documentation should you not have a financier;
  • Complete settlement documentation for accounting/tax return purposes; and
  • Advise agent that Settlement effected and directing the agent to account to the Seller for the balance deposit less commission and release the keys to you directly (if any).

Required searches undertaken on your behalf:

  • Department of Natural Resources (Title and Plan).
  • Local Authority, including:
  1. Rates position; and
  2. Water Reading.
  • A Body Corporate Search including Form 13 Information Certificate, Form 3 Search of Orders and CMS Searches (for units only);
  • Company Search (if relevant);
  • Land Tax;
  • Pre-settlement Title search; and
  • Pool Safety Register Search (if there is a pool at the property).

Other searches which may be required by your financier or by yourself:

  • Council Building Approval Search;
  • Council Sewerage Plans;
  • Town Planning Certificate;
  • Queensland Transport Search;
  • Main Roads Search;
  • Contaminated Land Search;
  • Energes / Ergon / Telco Cable Searches;
  • Court Register Search;
  • Bankruptcy Search;
  • Body Corporate Record Search;
  • Flood Search;
  • Powerlink Search;
  • Coastal Erosion Search;
  • Coast Development Application;
  • Heritage Listing Search (Certificate of Effect);
  • ATSI Cultural Heritage Register;
  • Queensland Mines and Energy;
  • Queensland Building Services Authority Search; and
  • Vegetation Management Search.

 

What You Do

After arranging for the Contract to be forwarded to us:

  • Diarise the Important Contract Dates as advised by our office;
  • Respond to our initial correspondence within 48 hours of receipt (if possible) including providing:
    1. Copy of your registered Power of Attorney if the Contract was signed pursuant to the same;
    2. Copies of your Proof of Identity Documentation;
    3. Original Trust Deed (if applicable).
  • Advise if you or your financier require any other searches;
  • Insure the Property;
  • Arrange your own property valuation (if required by you);
  • Make reasonable endeavours to obtain finance and provide written confirmation (from your financier only) on or before 5pm on the day before the Finance Date that:
    1. Your finance has been unconditionally approved; or
    2. Your finance has been declined and your instruction that you wish to terminate the Contract; or
    3. You wish to seek an extension of the Finance Date as you have been unable to arrange finance.
  • Once finance has been approved, ensure that all mortgage documents are signed and returned to your financier/broker and you advise our office once completed;
  • Arrange for Building and Pest Inspection to be conducted on the property at least two (2) days before the Inspection Date;
  • Advise our office by 5pm the day before the Inspection Date that you:
    1. Are satisfied with the Building and Pest Report;
    2. Are not satisfied with the Building and Pest Report and wish to terminate the Contract or seek compensation or rectification of the significant matters raised by the Inspector and provide a copy of the Report; or
    3. Wish to seek an extension of the Inspection Date as you have been unable to arrange for a search to be conducted.
  • Provide instructions where necessary;
  • Telephone us if you are going away throughout the matter with your amended contact details;
  • Provide us with a bank cheque for stamp duty (unless being provided at settlement by your financier);
  • If any funds are being provided by you for settlement, you must provide those funds as a telegraphic transfer as directed by our office no later than one (1) business day prior to settlement;
  • Arrange a pre-settlement inspection of the Property with the Agent;
  • Following settlement, collect keys (if any) from the Agent;
  • If any improved property, attend to matters such as connection of telephone and electricity, change locks and finalise insurance;
  • If a financier advanced funds, compare the Statement from your financier with the Settlement Statement forwarded to you by us; and
  • Chase Council, any Water Authority and any Body Corporate for your future levy notices.

 

Guide to Selling

What We Do

  • Perusal of proposed/binding Contract;
  • Contact with you by telephone to discuss the same;
  • Perusal and confirmation of the accuracy of Transfer documentation;
  • Arranging for and witnessing your signature(s) on the Transfer documentation;
  • Organising the payout of any existing mortgage;
  • Arranging settlement;
  • Perusal and confirmation of the accuracy of the settlement adjustments;
  • Contact with you by telephone to discuss the same;
  • Attendance at settlement;
  • Banking of balance settlement funds to your nominated bank account; and
  • Complete settlement documentation for accounting / tax return purposes.

 

What You Do

After arranging for the Contract to be forwarded to us:

  • Diarise the Important Contract Dates as advised by our office;
  • If you currently have a mortgage, inform your mortgagee about the Contract of Sale, complete a Release Form and anticipated Settlement Date;
  • Respond to our initial correspondence within 48 hours of receipt (if possible) including providing:
    1. Copy of current rates notice/water notice/body corporate levies notice for the property;
    2. Certificate of Title to property if one is in your possession (this should be forwarded by Registered Mail);
    3. Copy of your registered Power of Attorney if the Transfer documentation is being signed pursuant to the same;
    4. Copy of any Tenancy Agreement; and
    5. Copies of your Proof of Identity Documentation.
  • Sign the transfer documents in presence of a C.Dec, JP or Solicitor and return them to our office within 48 hours of receipt (if possible);
  • Provide instructions where necessary;
  • Telephone us if you are going away throughout the matter with your amended contact details;
  • If property is being sold with Vacant Possession, move all belongings from house and provide the keys to the Agent prior to Settlement;
  • Collect balance of deposit from Agent (if any);
  • If any improved property, attend to matters such as cancellation of telephone, electricity and insurance; and
  • If you had a mortgage, compare the Final Statement from your Financier with the Settlement Statement provided by our office following settlement.

 

About Us

Fox Taylor Mildwaters Lawyers have in excess of 60 years combined experience and are admitted to practice in all Courts of Queensland, the Family Court and the High Court of Australia.

 

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Our Services

We assist with Business Structuring, Business Acquisition and Sales, Commercial Law, Commercial and Retail Shop Leasing, Property Law & Development, Conveyancing, Criminal Law, Traffic Law, Family Law, General and Commercial Litigation.

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