What happens when I purchase?

Couple standing in front of their new home. They are both wearing casual clothes and embracing. Rear view from behind them. The house is contemporary with a brick facade, driveway, balcony and a green lawn. The front door is also visible. Copy space

These are the steps in a standard purchase conveyancing file:

  • You contact us and we provide you with a quote on your matter based on the information you provide to us about the transaction.
  • If you have not yet signed the contract we can provide you with advice prior to you doing so.
  • If you have signed the contract, then we will advise you as to when the cooling off period lapses and ask you some questions about the property and what you are intending to do with it.
  • We will advise you regarding the contract and your cooling off rights once we have a copy.
  • Once you have signed the contract, you need to provide us with a full copy (or get the selling to do so) as soon as possible. This can be done by email.
  • If you advise that you need further time to obtain unconditional finance, we will seek an extension for you. This needs to be done before the finance date in the contract.

At this point you:

  • Arrange building and public liability insurance.
  • If the contract is subject to Building & Pest Inspections, you need to organise these and notify us regarding results prior to due date.
  • If there are any other special conditions then you need to attend to these.
  • Organise unconditional finance prior to the finance date specified in the contract and advise us of your lender’s / broker’s contact details. You need to act quickly in this regard as most contracts do not allow very long for this process.  You need to ask the broker/financier to provide you with details of all costs involved including duty and registration fees to ensure that you are obtaining enough finance to pay these amounts on top of your purchase price.
  • Advise us if you are not going to get unconditional loan approval by the finance date in the contract.
  • Provide us with details of your loan and your contribution, if any.
  • Obtain a Verification of Identity report for us.

While:

  • We forward you a letter with information about the contract and the property and the process, with documents for you to sign and return to us.
  • We order a Title Search & Registered Plan Search, and any other relevant certificates.
  • We adviseVendor’s solicitor/conveyancer that we are acting for you.
  • When we receive the transfer documents back from you, we forward them to the Vendor’s solicitors/conveyancers for signing.

Then:

Once we have your verification of identity report, we lodge a caveat on your behalf.  This cannot be done prior to the verification of identity report being received by us.  This will provide you with some protection against fraud, as the caveat is registered on the title and serves as notice to the public that you have an interest in the property under your purchase contract.  Therefore, it is important that you attend to the verification of identity requirements as soon as possible.

Next:

  • The contract will become unconditional once the cooling off period has lapsed, the finance date has passed (whether you have your finance or not, unless we have obtained an extension) and when any other special conditions have been met.
  • You need to ensure that the finance application is moving along and that you sign all documents you are provided and return them to the financier/broker as soon as possible.

Prior to Settlement

  • We order and obtain any remaining searches and check their contents.
  • We prepare settlement figures, including an adjustment of the rates, water fees and land tax so that the vendor pays for the period up to settlement and you pay for the period after settlement.
  • We book settlement with your financier (after they advise that they are ready to settle) and the Vendor’s solicitor/conveyancer.
  • We advise your financier of cheque requirements for settlement, including our fees where applicable.

Close to Settlement

  • If you are contributing funds yourself, we will advise you of cheque details required for the settlement as soon as possible. We are unable to do this until the Vendor’s solicitors/conveyancers provide us with their requirements. This could be as late as the day of settlement, so you may have to do some running around to get cheques to our settlement agents.
  • After we advise you of the cheque details, you arrange Bank Cheques for settlement and deliver them to us/our agent.

Settlement

  • On the day of settlement we do a final search on the property to make sure nothing has been lodged at Land Registry which should prevent settlement or prevent your transfer of land being registered.
  • We (or our agents) attend settlement on your behalf.
  • Once settlement has gone through we will advise you and request the agent to make the keys available to you.
  • You can then contact the agent and arrange a time to collect the keys.
  • We then send final letter to you confirming the details of settlement.
  • If you do not have a mortgagee, we will attend to payment of duty and transfer fees and lodge your transfer of land, and send you the certificate of title. If you have a mortgagee, they pay the duty and lodge the transfer of land and retain the certificate of title as security.

 

Next: You enjoy your new property!

 

Please note that the order in which events occur will vary with each matter and this information is provided to give you a general understanding of the process only.

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