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Conveyancing Lawyer Sydney
Property purchases and sales (whether commercial or residential) can be a stressful process without the added legal work involved. Our law firm can provide you with legal services for all types of conveyances and handle the legal matters involved in the process!
The term conveyancing services is so broad as it covers a variety of transactions and transaction types. This includes:
- Sale of residential property
- Purchase of residential property
- Sale of commercial property
- Purchase of commercial property
- Commercial Lease
- Retail Lease
- Residential Lease
- Sale of Business
- Purchase of Business
Generally speaking, our conveyancing services are provided on a fixed fee basis. This means that your conveyancing lawyer will advise at the start of your matter, of their fees for all the work involved in the conveyance, from preparing or reviewing the contract of sale, lease agreement etc, through to the settlement process.
Sale or purchase of property
Depending on whether you are the vendor (selling) or the purchaser (buying), you would be after a different legal service.
In the case of a vendor, you should engage a solicitor once your real estate agent advertises your property on the property market.
Your conveyancing lawyer will prepare a contract of sale which sets out the terms of the transaction. Once the contract is signed and exchanged, your lawyer should ensure that you discharge your mortgage (if any). They should then attend to the settlement process which includes ensuring that the balance payable at settlement is correct and that you receive the money owing to you at the conclusion of the transaction (and of course everything in between).
If you are the purchaser, it is recommended that you engage a conveyancing lawyer as soon as you decide to purchase a particular property and ask them to look over the contract before you sign. Note: Once you have signed the contract, it is very difficult to seek any changes to it and in most cases, you will not be able to do so. From the time of signing (unless at auction), you will have 10 days cooling-off period to change your mind, HOWEVER, there is a catch. At the time of signing the contract, you are required to make a payment of 0.25% of the purchase price which is then put towards your 10% deposit (which is due and payable at the conclusion of the 10 days cooling-off period). If you elect to withdraw from the purchase at or prior to the 10 days, you will forfeit your 0.25% payment. Otherwise, if you withdraw from the purchase at any point in time thereafter, you forfeit your entire deposit of 10% unless otherwise specified in the contract or agreed by the vendor. Your lawyer is unable to provide financial advice, so ensure you contact a mortgage broker or lender and have all your financials in orders, including unconditional loan approval PRIOR to entering into a contract. If for some reason your finances are delayed and/or you do not receive loan approval before the settlement date, you will have to proceed with the settlement using your own funds or otherwise forfeit your deposit.
The process is slightly different in each state in Australia; that is the process of selling/purchasing in NSW is different from Queensland, and Victoria. So, if you are buying a house in Sydney, Brisbane, or Melbourne, make sure you speak to the right person about your conveyance. This process is not necessarily the same across Australia.
The process of entering into a lease agreement whether commercial, retail, or residential is similar, however your obligations and entitlements both as a landlord (lessor) and lessee differ. It is important that you seek legal advice when entering into a lease agreement so that you are well aware of your rights and obligations under the terms of the contract. Lease agreements should also be registered with the land registry service (LRS) and it is important that the requirements are strictly adhered to so as to avoid complications with registration including additional costs for requisitions from LRS asking that amendments be made in order to complete the registration process.
Sale and Purchase of Business
It is important to be clear on what you are selling or purchasing when it comes a business. It can become very messy when the terms of the contract specify what is being sold or purchased and one of the parties is not clear on the terms. Make sure you consult a Solicitor before entering into a contract.
Stamp duty is payable on almost any purchase of a property. In NSW this amount is payable to Revenue NSW for the transfer of property from one person to another. It is critical that you are advised of the stamp duty amount from the onset of your conveyance as this can be a substantial sum of money. The amount payable in stamp duty differs depending on the purchase price.
Your conveyancing lawyer should advise you of the exact amount of stamp duty payable on your property in their initial advice to you. The Revenue NSW website contains a duty calculator that tells you the exact amount of stamp duty payable for your property (including the $20.00 stamping fee which is payable on every transaction).
In NSW there is a first home buyers’ grant and assistance to encourage the purchase of property, noting that stamp duty can sometimes be a deal-breaker as you may have to pay that sum of money out of pocket if your loan amount does not exceed the purchase price for the property. However, there are certain eligibility requirements in order to apply for this grant. You can make a claim for this grant if you are purchasing a newly constructed home with a total value of less than $600,000 or intend to build a dwelling on land which has a combined value of $750,000 (land and dwelling). The eligibility criteria is as follows:
- Any individual/individuals over the age of 18 (individual not company); and
- You are an Australian citizen (or at least one person you’re buying with must be an Australian citizen); and
- Never owned or co-owned property in Australia; and
- Your spouse has never owned or co-owned property in Australia; and
- You have never received homeowner grant in Australia; and
- Your spouse has never received homeowner grant in Australia.
Note: Number (1) above has been included as part of the eligibility requirements as some people elect to purchase a property under a company name or ABN. If this is something you are looking to do, speak to one of our solicitors today about the difference.
Residential Property Calculator
Commercial Property Calculator
Our residential property conveyance calculator is currently being updated. Sorry for any inconvenience caused.
Our commercial property conveyance calculator is currently being updated. Sorry for any inconvenience caused.
The term conveyance refers to the process of transferring ownership of a property from one person to another; in other words, property transactions. Although it may seem straightforward, this process is not always as smooth sailing as one would hope and may in fact be riddled with legal issues.
It is important that you seek legal advice from the moment you decide to sell or buy a property.
At Jameson Law, our conveyancing lawyers and conveyancers can help you along the way and provide you with all the conveyancing services you require.
Our legal professionals have years of experience and can run your conveyancing process from start to finish so that your transaction is stress-free. Speak to one of our property lawyers today!
Buying a House or Property
Seeking legal advice when looking at a real estate contract is critical. There are many horror stories of purchasers being blindsided by vendors and/or their agents and ending up in an absolute mess. When conducting a conveyancing transaction on behalf of a purchaser, our conveyancing lawyers ensure you are prepared for critical due dates that will arise during the three major stages of conveyancing transactions. These are generally categorised as the pre-contract, pre-completion and the post-completion stages. During a conveyance, our conveyancers will:
- Prepare and lodge legal documents such as the sale of contract and memorandum of transfer
- Research the property by checking its certificate of title for easements, type of title, any odd listings and conditions and address any concerns with the property purchaser
- Calculate and deposit the correct monies into a trust account
- Settle the property by acting on your behalf during the settlement, liaising between both bank representatives, the seller’s conveyancer, the regulator and any other 3rd parties required for the transaction. The purchaser will then be advised once the property has settled successfully.
- Ensure the purchasers rights and interests are adequately represented with a vendor or the sellers agent
Selling a House or Property
When you decide to sell your house or property, you should engage a conveyancing solicitor to prepare a contract for sale of land. This applies to house, land, townhouse, unit, shop, warehouse sales and everything in between.
Buying or Selling at Auction
Auctions can be a dynamic and interesting process, however, you must be aware of the rights you waive from purchasing at auction, and critical aspects of selling via the Auction process.
Retail and Commercial Leasing
Whilst real estate agents sometimes water it down, there are clauses that can catch you out in Retail and Commercial leases that will break the bank. While logically speaking, you may expect Retail and Commercial leases to be similar, but in fact, they governed by different laws and regulations.
Buying or Selling a Business
What to expect from our conveyancing lawyers
There’s more to conveyancing services than just qualifications and legal advice. If you’re still in doubt, here’s precisely how our conveyancing lawyers can help with the property conveyancing process.
Full Property Lawyer Representation
You can rely on us to fully represent you in your next real estate transaction. Our property lawyers are well acquainted with the property market and its regulations. And backed by the Australian property law, you are guaranteed fairness and honesty in every step of the process.
Real estate decisions and transactions are significantly detailed and can be full of loopholes if not appropriately handled. Because our property lawyers are familiar with both conveyancers as well as the property law, we offer you conveyancing advice to make sure you’re getting your property’s worth and inform you of possible issues that need addressing.
Full Disclosure Conveyance Fee
At Jameson Law we tackle costings by using experienced lawyers who can efficiently and effectively undertake the conveyancing transaction and process. We make sure that every client of ours receives a full cost disclosure agreement upfront consisting of both fixed legal fees and disbursements.
It’s worth noting that a one-size-fits-all set of legislation for property transactions in Australia doesn’t exist. Rather, each state and territory has its own property laws governing the market. Accordingly, it’s always important to rely on a lawyer to ensure abidance by the respective law and avoid any losses.
Don’t risk it!
Don’t run the risk of losing your property or losing a large sum of money. Mistakes are a likely occurrence for anyone who is not a seasoned conveyancer working amid the tremendous amount of legal documentation, and work that goes into the transaction. Our experienced conveyancer lawyers take on every case personally and process every document and detail themselves, leaving nothing to chance.
Conveyance Pricing and fees
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Buying a Property
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Selling a Property
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Frequently Asked Questions.
Usually they are much more expensive due to the added value and advice they are able to bring to the table and ensure your conveyance is successful. Having said this, at Jameson Law our conveyancing rates are fixed and very competitive. This is only made possible due to the efficient structure of our dedicated conveyancing team and the effective legal and business processes we follow. Contact us today for a competitive fixed price quote.
The difference between a conveyancing lawyer and a conveyancer is in the name; that is the former is a lawyer while a conveyancer is not.
While a licensed conveyancer specialises in the process of property transfer, they are not property lawyers and are not otherwise familiar with Australian property law or other legal matters or legal issues that may arise. In other words, conveyancers are able to assist you with your conveyancing needs and conveyancing transactions only. Beyond that, you will require a property lawyer to assist with any legal issues relating to property law.
Conveyancing lawyers are those that practice conveyancing. They act in the same capacity as a conveyancer when simply assisting a client with a property transaction, however, they are able to also provide legal advice regarding other property law matters or legal issues that arise.
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