ANM Lawyers understand that buying and selling property is an important time in your lives.. We have the required experience and expertise to help with all stages of NSW property transactions whether you are buying or selling a home, unit, vacant land, strata title, commercial real estate or rural property, and including:-
- Legal advice in regard to real estate contract law
- Drafting and reviewing Contracts for Sale
- Auction Contracts and purchases off-the-plan
- Cost appraisal including stamp duty, GST and disbursements such as search and registration fees
- Tax considerations and asset protection including capital gains tax, and sales or purchases by companies, self managed superannuation funds, family and discretionary trusts and deceased estates
- Property Title including Torrens, old system, qualified and limited, strata, company, community, crown or leasehold
- Property tenancy including joint tenants and tenants in common
- Statutory warranties, contract conditions and special conditions
- Section 66W Certificates, the cooling off period and deposits
- Put and Call Options
- Commercial property including leases
- Liaison with financial institutions in regard to deposit bonds, loans, mortgages and discharges of mortgages
- Execution of contracts, exchange and settlement
- Adjustments to the purchase price in regard to rates and allowances
- Advice for first home buyers including the First Home Owner Grants and Schemes
- Advice in regard to easements and covenants on title searches
- Any other general property law enquires
Buying and Selling Property
What is often considered a routine transaction, the sale and purchase of property is a complex process with strict timeframes to be met. Entering a contract for the sale or purchase of land creates binding legal obligations. The financial consequences can be significant if you fail to carry out sufficient due diligence as a purchaser or meet your disclosure obligations as a vendor.
If you are selling, you will need a written contract prepared with prescribed disclosure material. We can explain your obligations as a seller, prepare your contract and obtain the relevant disclosure information. We can add any additional conditions to protect your interests and that are tailored to your circumstances, liaise with the relevant parties, and complete your transaction as smoothly as possible.
If you are purchasing, we will review your contract and the disclosure information and explain the contract’s terms and conditions. There may be matters relating to the property that are not obvious from the contract and/or a physical inspection, so it is important to obtain pest and building reports and any other relevant investigations. These reports and investigations can flag potential issues, minimise risk and help you make an informed decision before going ahead with your purchase.
With the assistance of a lawyer, most people find the conveyancing process relatively uneventful, although at times, a little confusing. Our aim is to guide you through your conveyancing transaction, while protecting your legal rights and providing clear communication so you can make informed decisions.
Completing your Conveyancing Transaction Online
We are a registered PEXA users which means your conveyancing transaction can be completed online, rather than by the traditional method where parties meet in person to swap documents and bank cheques.
Electronic settlements remove the location and time barriers of physical settlements and improve efficiency and transparency. The PEXA platform enables parties to track each stage of the transaction and facilitates the online lodgement of documents with land registries and other authorities, and faster access to sales funds.
Mortgages and Financing
If you are borrowing to finance your purchase, you will typically be required to grant a mortgage over the property as security for the loan. A mortgage is essentially a ‘statutory charge’ in favour of your lender which secures repayment of the money it is lending. The mortgage is registered on the title of your property and the loan contract will give your bank or building society certain rights (including to sell you property) if the terms of the contract are breached.
We can review your loan agreement and explain your legal obligations under the loan and mortgage. We can assist with:
- Preparing or reviewing loan documents
- Witnessing mortgage documents and supplying solicitors’ certificates
- Liaising with your financial institution
- Property searches and reports
- Settling refinancing or the consolidation of existing loans
- Discharging existing mortgages