Buying a home is one of the most stressful and expensive things you will ever do. It is vital that you seek legal advice from someone experienced in property law and who knows the area.
Before You Start
The first round of decisions you will likely need to make is in regard to finance. Make sure you read everything thoroughly, from the pre-contractual statement, which outlines the fees and charges you will have to pay, to the actual mortgage contract itself. Remember you are entitled to legal advice and are under no obligation to sign anything on the spot.
Once you have found a property you like, you will need to arrange a pre-purchase building inspection report and perhaps a pest inspection report. These are written reports about the condition of the property and will help you find out any potentially costly problems. You may be able to use this information to negotiate a reduction in the purchase price. If you are not sure who to trust to do this inspection, talk to your conveyancing lawyer. They will be well aware of which property inspectors are worth hiring.
Making an Offer
If you are happy to proceed with the property purchase, you can make an offer. You might be asked to pay a small sum as an initial deposit, but this is fully refundable if you do not end up signing the contract. It does not mean that the property is yours yet either, as the agent can take other offers.
Signing the Contract
If your offer is accepted, then you must take the contract to your lawyer or property conveyancer to discuss and review with them. There may be several things that can be negotiated in your favour, and you need to be absolutely clear on your rights and responsibilities before signing.
When you do sign the contract, you will need to pay the 10% deposit, unless your lawyer or conveyancer has negotiated a special condition otherwise. This is held with the real estate agent and is released to the seller after the property is settled. If you do not have the 10% available, your lawyer or conveyancer can advise in regard to getting a deposit guarantee in lieu of the cash.
After the contract has become binding, your lawyer or conveyancing solicitor has a number of tasks to perform including:
- Arranging payment of stamp duty
- Liaising with the lender in regard to the mortgage
- Checking with various government authorities to see if they have a vested interest in the property
- Checking to see if there are any outstanding debts to local council
- Calculating adjustments for council, water and strata rates
- Making final checks on the title
On settlement day your lawyer or conveyancer will attend a meeting that will include the seller’s lawyer or conveyancer, as well as any lenders involved. The funds will be handed over in exchange for the title and the keys.
CCS Lawyers are experienced conveyancing solicitors and can help with all your conveyancing needs.