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- Purchase & Sale
- Residential & Commercial Property
- Off-the-plan Purchases
- Transfer of Property
- By-laws
- Retirement Villages
Our expert team can assist you with all aspects of buying and selling residential and commercial property, off-the-plan contracts, retirement village contracts, non-contract transfers of property , and the preparation of by-laws, anywhere in New South Wales.
We have one of the largest conveyancing teams in the area, providing the capacity to cater to a wide range of clients. Not only do we act for first home buyers, mums and dads, singles, couples, and property investors, but we also act for small and large developers.
Our clients are our number one priority, so we provide a flexible approach to client service. We tailor our approach to suit our clients’ needs, whether that means handling the matter electronically and via email and phone, meeting you at our office during business or after hours – or in your home.
Property law transactions can be complex, and each transaction is unique. We make the process as smooth as possible with our hassle-free, plain English approach, which ensures a stress-free process. We pride ourselves on outstanding communication, which ensures our clients are well informed throughout the progress of their conveyancing matter. To enhance the level of service provided by our team and make things easier for our valued clients, we tap into the latest technology and innovation.
We understand that buying and selling property is one of the most important decisions you will make in your lifetime. It is important to engage a knowledgeable and reliable solicitor who has your best interests at heart.
How can we help?
Our property law team can assist you by:
- Taking your detailed instructions and providing you with expert advice specific to your circumstances;
- Advising you in relation to the stamp duty payable and any grants or government incentives that may be available;
- Advising you in relation to the Contract;
- Negotiating the terms of the Contract;
- Advising you in relation to cooling off periods or finance clauses of the Contract;
- Advising in relation to lending requirements and how to meet those requirements;
- Arranging required searches;
- Preparation and confirming settlement figures;
- Attending settlement on your behalf;
- Advice in relation to building Contracts;
- Preparation of by-laws.
Track your matter with the Perfect Portal App
We understand how time- sensitive property transactions can be and have implemented a system to allow our clients to track their conveyancing matter, in real time, every step of the way.
With the Perfect Portal App (which can be downloaded from the Android and Apple App store) or by logging in through our website, clients always know the status of their matter with real time updates directly to their smart phone or computer. This innovation is just one way we strive to make things easier for our valued clients and referrers with our new age approach.
Download our app today
Keep your property transfer secure with PEXA Key
We use PEXA Key (downloaded from the Android and Apple App store), a settlement App for buyers and sellers. It offers high level settlement tracking from the palm of your hands and, most importantly, a secure way to communicate bank account details removing the vulnerability and high risk associated with email.
Download the PEXA Key App today
Frequently Asked Questions
Yes, buying a property at auction is very different to other property purchases. The bidding process is public, and if, at the falling of the hammer, you are the highest bidder, you must sign the Contract, to which you will be legally bound. You do not get the benefit of a cooling off period or finance clause. This means that you must have attended to your pre-purchase enquiries and attended to your due diligence prior to attending the auction, including having a solicitor review the Contract, having an independent pest and building inspection carried out, having your finance in order and having the 10% deposit available on the day of the auction.
We advise to always commission your own pest and building reports and never rely on reports provided by a third party. Why? If an agent provided you with a pest and building report, they may have a connection with the inspector and the report may not cover all the issues with the property. Also, if an issue was to arise, you will have no claim as you did not independently commission the report and there is no legal relationship between you and the report writer. If you are relying on a pest and building report provided by a third party, make sure the report is transferred into your name/s and you have an agreement with the report writer directly.
When purchasing a property, there are many inherent risks which may cause loss or affect your ownership to the property. Title insurance is a relatively new and specialised type of insurance. Title insurance offers home buyers’ protection against certain unknown and hidden risks which may be present at the time of purchase.
Title insurance covers issues such as:
- Planning and title defects;
- Survey and boundary defects;
- Illegal building works and structures;
- Fraud, forgery and identity theft; and
- Unpaid rates and levies.
A title insurance policy has a minimal fee and is prorated depending on the purchase price of the property. It is a one-off premium, with no excess payable if a claim is made and the policy offers protection for the lifetime of ownership of the property. For example, if you are purchasing a residential title property at a cost of $500,000, a title insurance policy will cost you a one-off premium of approximately 1% of the purchase price.
A real-life example…
Following settlement of the purchase of their home, the insured noticed building irregularities with the pergola. The insured applied for a building certificate with their local Council. Following the inspection, it was revealed that approval for the pergola had not been obtained by the previous owner and no final inspection has been carried out with respect to the carport and tool shed. Council ordered that the structures be demolished. The insurer paid for the demolition and reconstruction of the pergola, carport and tool shed. All correspondence with Council and the final inspection by Council was handled by the insurer.
Our preferred title insurance company is Stewart Title.
No cash deposit to purchase a property? No worries! We are finding many of our clients have their cash tied up and don’t have access to a cash deposit to secure their purchase. Deposit bonds is a smart alternative, contact our team today for more information.
Our preferred deposit bond issuer is Deposit Assure.
Off-the-plan Purchases
Purchasing a property off the plan involves entering into an agreement to buy or transfer residential property, where the home is to be erected, built or developed before the contract or transfer is completed.
Due to the recent boom in development in the Newcastle, Lake Macquarie, Port Stephens, the Hunter Region and across New South Wales generally, buying off the plan has, and will continue, to become increasingly common.
There are a number of risks when buying off the plan and you should contact us today to obtain advice specific to your purchase.
Two of the most common risks include:
1. Delays in construction
This can be very frustrating for purchasers and can mean that a buyer may not be able to move in when anticipated, resulting in the need for temporary accommodation for owner occupiers or a loss of income for investors. The standard timeframe of 1.5 years to 2 years for construction can suddenly stretch to 3 or 4 years. During this time, lenders can tighten their lending criteria and interest rates can increase. Even worse, on completion, the bank valuation may be less than what you contracted to pay. So, it is important that your legal representative advises you of the sunset and extended sunset dates included in the Contract. It may also be beneficial to ask the developer for their track record for delivering projects on time.
2. Incomplete works and potential defects
Developers are required to take out home warranty insurance to compensate a buyer if the building works are incomplete, there is defective building work, or the developer becomes insolvent. However, there are some exceptions, in particular, if the building is more than three stories and was or is constructed after December 2003, then home warranty insurance is not required. It is important that your legal representative advises you of the associated risks of a developer not having home warranty insurance. Whilst we have focused on the negatives, there are also positives buying off the plan including tax benefits and the potential increase in property value.
Retirement Villages
A retirement village is a residential estate occupied primarily by people aged 55 years and over who have entered into a form of Contract with the owner.
We strongly advise you to seek the advice from an experienced lawyer when interpreting the different types of retirement village options. Contracts for retirement villages are often complex, so it is important to ensure the terms and conditions suit your specific circumstances and you fully understand the contents of the Contract and any implications before signing.
Let our property law team help you by:
- Advising you of the different types of retirement village options and the pros and cons of each type;
- Interpreting the legislation and provide you with a full understanding of your legal position; and
- Advising you in relation to your obligations under the Contract.
Frequently Asked Questions
There are a number of different types of ownership options available for retirement villages depending on the village you are looking at moving into.
The most common type of ownership in a retirement village is leasehold. A leasehold ownership arrangement is where the village operator owns the unit and you sign a lease to live in the unit, commonly for a period of 99 years or more. The lease is then registered on title with Land Registry Services. In these circumstances, you are then considered a registered interest holder, as opposed to the registered proprietor of the unit.
By entering into the retirement village Contract, you will acquire a resident’s right to occupy the dwelling within the retirement village and be entitled to use the communal facilities and services. Ongoing recurrent charges will be payable for services and facilities and various shared residential costs, such as Council rates and maintenance.
When moving out of a retirement village, there is usually a liability to pay a departure fee to the operator, together with a share of any capital gain, which may be stipulated in the contract. The formula for calculating the departure fee and the share of capital gain is not regulated and is determined by the operator. Other fees payable following the permanent moving out of a retirement village may include costs of reinstating or refurbishing the premises, recurrent charges to a limited degree, and in some cases, costs of sale. The costs associated with moving out of the retirement village will normally be paid out of the proceeds of sale of the residence right, or from the operator’s refund of the ingoing contribution.
The operation of retirement villages is heavily regulated in New South Wales. The legislation sets out key rights and obligations for residents and operators, ensuring prospective residents are given important information before they sign a contract, requiring village contracts to be in a standard form, and providing a standardised system for resolving disputes.
It is important that you are well advised as to exactly what you are signing and the consequences of such. If you are a prospective resident, please call our office to discuss your retirement village contract.
Regardless of which retirement village you choose, you will be obligated to pay recurrent charges including such things as:
- Maintenance charges either weekly, fortnightly or monthly. This cost helps cover costs associated with managing the village, maintaining facilities or providing additional services to all residents;
- Special levies to meet unexpected costs of repairs or new services;
- Personal services fees on an as-needed basis, such as meals; and
- Metered services, such as telephone, gas, electricity or contents insurance.
Prior to committing to any retirement village, you may find it useful to first enquire as the financials of the village including:
- A written statement of the ingoing, outgoing and ongoing costs of the village;
- Expenditure for the last three financial years and the anticipated expenditure of the village;
- Financial account of the village for the last three years;
- The trust deed for the trust fund to which deposits will be made, if applicable; and
- Balances of the capital replacement fund or maintenance fund for the last three years.
The retirement village is under a legislative obligation to provide you with any requested document within its possession or control. It is important that you engage a solicitor to review your retirement village contract to ensure you are not surprised by any hidden costs disclosed in the Contract.
Departing a retirement village can be very costly and stressful. There is commonly an exit fee or deferred management fee required to be paid when permanently leaving a village. The exit fee is typically a percentage of the ingoing fee or the sale price of the unit and is outlined in the Contract upfront. This fee is paid to the operator of the village when you leave and may be deducted from your ingoing contribution. Exit fees can be a source of income for village operators, they allow for lower recurrent charges and lower upfront costs. Consequently, exit fees can be very expensive, so it is critical that you obtain legal advice on your village Contract and are well informed as to the potential exit fee applicable.
