Dezarnaulds - Basten Solicitors --- Buying and Selling Property

Buying and selling property

We understand that buying or selling a property is a significant transaction.
Our Property Law team has the legal knowledge and experience to make your purchase or sale of real estate as smooth as possible.
We also take the time to explain your property transaction to you and to be available to answer your questions.

Click on the links below to get information about purchasing or selling property
Purchasing a property
Selling a property

Purchasing a property

If you are buying property, it is important to contact us prior to entering into a legally binding contract. At that point our Property Law team will:

º Assist you in making an informed decision as to whether to purchase a particular property.
º Advise you what searches and enquiries to make prior to you signing a Contract for the purchase of the property.
º Read the proposed Contract for Purchase prior to you signing it and advise you as to its terms and any amendments required.
º Negotiate any special conditions required by you.
º Advise you as to the differences between an Auction and Private Treaty sale.
º Advise you as to the costs involved in your purchase including the amount of stamp duty you will have to pay in relation to the purchase
º Advise you as to land tax you may have to pay as a result of purchasing the property.
º Advise you as to whether you are eligible for the $7000.00 First Home Owners Grant or the First Home Plus Scheme that provides for exemptions and concessions in relation to stamp duty.
º Assist you to consider the tax consequences of your purchase including GST and Capital Gains tax. This may include communication with your accountant and may also include obtaining advice from a tax expert.
º Once you have decided to proceed with your purchase, we will attend to exchange of contracts on your behalf.

Once you have signed a legally binding Contract, our Property Law Team will:

º Ascertain what amounts are owing to various authorities, e.g. Council Rates, Water Rates, Land Tax.
º Undertake further searches and enquiries on your behalf in order to ascertain whether there are any matters affecting the property.
º Correspond with your lender in order to satisfy their requirements.
º Advise you as to the stamp duty you will need to pay and, once your cheque is received, attend to payment of stamp duty.
º Organise settlement

Selling a property

If you are selling property, prior to you entering into a legally binding contract, our Property Law team will:

º Obtain your detailed instructions to ensure the contract is drafted expertly and that the transaction proceeds smoothly.
º Advise you in relation to the Agency Agreement you sign with your Real Estate Agent.
º Advise you as to the differences between an Auction and Private Treaty sale.
º Advise you as to whether Vendor Duty is payable in relation to your sale.
º Advise you to consider the GST implications of your sale
º Advise you to consider the Capital Gains Tax implications of your sale.
º Obtain all documents that must be included in the contract for sale.
º Discuss with you additional documents that may be included in the contract for sale.
º Draft the Contract for Sale (note: the property cannot be placed on the market by a Real Estate Agent until a draft Contract for Sale is available).

Once you have signed a legally binding Contract, our Property Law Team will:

º Correspond with the Purchaser?s Solicitor
º Arrange for any mortgage registered on the title to be discharged.
º Arrange for clearance or payment of Vendor Duty.
º Arrange for clearance or payment of Land Tax
º Organise settlement.

For more information, please contact us.