SELLING A HOUSE
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Sell your property with the experts. Our property law consultant has 30+ years in property and environmental law.
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Are you looking to sell your home? Do you know what your obligations and responsibilities are? Selling a home is a complex and monumental task that should never be taken lightly. If not executed properly the results can be disastrous and financially damaging. Don’t leave your largest assets in the hands of inexperienced conveyancers. Settle with the best.
What is a Contract of Sale?
A contract of sale is the official name for the legal document that both the seller and the buyer of the property sign to confirm their agreement. The contract will lay out all the terms, of the agreement along with the responsibilities and obligations of both parties. A contract of sale will also include vital information regarding who the buyer’s lending institution is (lender) and what obligations the buyer has towards the lender.
A contract of sale is designed to finalise the agreement between the buyer and seller. Some common terms you may find in the contract are as follows:
- What the purchase price of the home is?;
- Whether there is a cooling-off period (i.e. a period of time that you can back out of the contract before it becomes binding)?;
- Which party is to pay the stamp duty (if there is stamp duty to be paid)?;
- The length of time for settlement (i.e. 30 days, 60 days, 90 days, etc.)?;
- Who will be responsible for paying the land tax associated with the property;
- etc.
What Area of Law Does Selling a House Fall Under?
Selling a house is an aspect of property law and there is legislation is precedent law in place that can look to if required. Precedent law refers to earlier property transaction disputes (cases) that may have arisen and subsequently determined or settled by the court. Those cases set a standard for how future cases might be determined and what legal principles and circumstances may be relied on.
This is a complicated area of law and your interests are best served by seeking legal advice from a property lawyer.
What is a Conveyancer?
A conveyancer is an expert in the preparation of documents for the sale of a house. You will need to find a good conveyancer to help you with this process. A conveyancer will draft all the documents and ensure that they comply with legislation as well as ensuring that the technical language is included. Conveyancing is a wide field and there will be an expert conveyancer in your local area. Often conveyancing is tied into different law firms or there may be specialty conveyancing firms that you can have to assist you.
A conveyancer will be able to help you no matter what type of property you are trying to sell. Both residential property and commercial property sales are done in the same manner and often include similar terms in their contract. If you are selling a commercial property, you may have the addition of including specific terms in relation to current leases of the property and conditions for the future of those leases.
Am I Required to Get a Valuation of the Property Done?
When you go to sell a house, a valuation of the property will help you gauge how much the house is worth. This is not to be confused with how much you will get for the property. Just because the value of your property may be high does not mean that people will pay that much to purchase it, it is merely an indication of where you should start.
There are two ways of getting a property price; one is to get an appraisal done and the other is to have a property valuation completed. Many people prefer to get appraisals done because they can be completed by a real estate agent and there is no charge for one. Often, people will obtain two or three appraisal’s and then meet in the middle of them to determine what value their property is sitting at.
Alternatively, you can seek a proper valuation but there are costs associated. This will provide you with an in-depth evaluation of the current market and where your property is sitting in light of that. As most people will have seen, property values have skyrocketed since the beginning of the coronavirus pandemic and they have yet to plateau. This is the most accurate way of determining what the sale price of your house should be in the current property market.
What is an Easement and How do I Know Whether There is an Easement on my Property?
An easement is an interest in a property. This may be a third party interest or a company interest in a property. The easement is normally registered on the title for the property so that it is well known and documented that the interest exists. Often, the easement may only affect a small section of the property such as a paddock.
When you go to buy or sell a house, your conveyancer or lawyer will do a title search on the property. This will tell them whether there are any easement or special interests in the property before the parties proceed with negotiations and contracts. Prospective buyers can also complete a title search if they are looking at purchasing your property and want to know what conditions might come with the sale. This is particularly relevant to companies who want to purchase a commercial
What is a Special Condition?
Special conditions of a contract means the conditions which amend or revise any of the General Conditions through either addition, deletion or substitution. Generally, these conditions are used to emphasize a standard condition to extend it to make it crystal clear to both parties what is expected.
An example of a special condition may be that the tenants agree not to rent, sublet or lease any part of the premises to another tenant. Another important condition may be the specifics of when the finance is to be finalized or what is to happen if the finance falls through for the buyer.
What is a Strata Title?
A strata title is a form of ownership that relates to multi-level apartment blocks and horizontal subdivisions with shared areas. The “strata” part of the term refers to the apartments being on different levels. If you are purchasing an apartment, unit or townhouse then your property will most likely be subject to a strata title. This is different to an individual property title where there are not multiple interested parties to the same piece of land. .
Case Study
Jill is looking to become a new homeowner in the New South Wales (NSW) property market. The sale of the property is being handled by a Sydney conveyancer along with both the buyer and the seller’s individual legal practitioners. The apartment is on the bottom floor of a well maintained but outdated building. Jill is wanting to do some renovations to the property and then rent it out as a means of supplementing her income.
Jill is one of five interested parties in the property. At Jill’s scheduled inspection, she notices that there are some minor holes in the wall and some small chips in the paint. Overall there is nothing too major wrong with the property. But as Jill is looking around she sees that there is some moulding in the bathroom and some claw marks on the floorboards. She also identifies a chewed wire in the lounge room where the TV previously sat. As part of the sale contract, should Jill consider having a condition put in that a pest inspection be completed? The short answer: YES. A pest inspection should definitely be completed given the current state of the house. By having this condition added to the contract, the buyer and seller can both enter into a sale agreement but the buyer can easily back out of the sale if the pest inspection report is not desirable.
Case Study
George is looking at becoming a first home buyer and is eager to enter into the property market in Melbourne, Victoria. The home is situated in a beautiful area and is located near a wonderful school district. George has spoken with the bank and they are offering him a fixed-term interest rate for 3 years. The property price is also a fixed fee. George is considering whether he should seek help from a conveyancer or a lawyer and wants to know what the most stress-free option will be.
The short answer: NEITHER. There is no option that is more appropriate than the other. Both options are considered legal services and both are experts in Australian property selling.
Case Study
Kathy has recently sold her home in Queensland (Qld). The settlement period has just past and the new owners have moved into the property. Kathy is upset because she feels that the contract was unfair towards her and did not include some critical conditions that she wanted to be included. Kathy felt like she had no choice but to sell the home to the owners because if she didn’t then she would not have the money to pay her legal fees. Kathy would like to put in a complaint against her lawyers for misrepresentation. How does she do it?
Answer: If Kathy is unhappy with her legal advice then she can write a complaint to the law society. The law society is an organisation running within each state which governs and oversees the legal profession. Any complaints regarding legal advice are directed to the legal society so that they can be reviewed and determined.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
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Frequently Asked Questions.
Our lawyers cover a multitude of areas, including more serious offences. Including but not limited to:
Family Violence
Family violence is among the most common cases we encounter, with both men and women subject to institutional abuse. While it doesn’t necessarily entail sexual abuse, in many cases, it does, and sexual assault is part of the Criminal Code. We handle such cases with confidentiality and cautiousness to ensure the best possible compensation outcomes.
Children-related Issues
The children’s court is frequently confronted with issues of child protection, children’s rights, custody arrangements as a result of divorce, parental responsibilities, and more.
Because we understand how far the impacts of such situations can go in the memories of children, we work rapidly and efficiently to establish protective measures against children’s trauma and minimize time spent in a children’s court. You and your children are fully protected with us!
Drugs
We have a track record of achieving outstanding results when it comes to drug offence charges, ranging from demolishing the possibility of a criminal conviction, dropping charges through negotiations, securing “not guilty” verdicts in court trials, and more.
Our drug offences include commercial drug charges, drug importation charges, drug possession charges, and cultivating prohibited plant charges. We also work with minor possessions of prohibited drug offences, providing you with legal representation throughout the process!
Fraud
Fraud is considered one of the most scheming criminal offences, and accordingly, it is punished severely by the court system’s penal code and criminal code. As specified by Australia’s penal code, the penalties can go as high as ten years of imprisonment.
Accordingly, understanding the criminal law adequately and reaching out for professional legal advice to be your intermediary with the criminal justice system is a must. We specialize in forgery, identity crimes, tax fraud, Medicare fraud, and ID fraud.
WE'RE IN IT TO WIN IT
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OUR SYDNEY OFFICES
Parramatta CBD - Head Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Suite 301, 67-69 Philip St Parramatta NSW 2150
Sydney CBD - Practice Office
- 02-8806-0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Tower One Barangaroo International Towers Level 35, 100 Barangaroo Ave Sydney NSW 2000
Blacktown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 3 81 Flushcombe Road, Blacktown NSW 2148
(By Appointment Only)
Liverpool CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 2, 215-219 George Street, Liverpool NSW 2170
(By Appointment Only)
Bankstown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- 23 Restwell Street, Bankstown NSW 2200
(By Appointment Only)
COURT HOUSES WE FREQUENT
Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Court Operating Hours: 9:30am-4:30pm
Blacktown Local Court
- 1300 679 272
- (02) 9672 2666
- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
- 1 Kildare Road Blacktown NSW 2148
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Burwood Local Court
- 1300 679 272
- (02) 9744 4144
- PO Box 235 BURWOOD NSW 1805
- local-court-burwood@justice.nsw.gov.au
- 7-9 Belmore Street BURWOOD NSW 2134
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Campbell Local Court
- 1300 679 272
- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
- local-court-campbelltown@justice.nsw.gov.au
- 150 George Street LIVERPOOL NSW 2170
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Central Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Downing Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- dclc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Fairfield Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
- 1300 679 272
- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
- local-court-hornsby@justice.nsw.gov.au
- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 92 Parramatta NSW 2150, Australia
- local-court-parramatta@justice.nsw.gov.au
- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday