Real Estate Conveyancing

Conveyancing process for buyers

The contract of sale between you and the seller will usually be prepared by the seller’s real estate agent or the seller’s solicitor.

Our conveyancing services includes pre-contractual advice to you before the contract is signed and acting for you throughout the course of the transaction until settlement of your purchase is effected, which includes:

• Advice to you in relation to the contract terms, including due dates.
• Attending to the satisfaction of contract conditions (finance approval, building and pest
  inspections, due diligence, etc.).
• Conducting and reviewing title, local council and other government searches of the property.
• Reporting to you in relation to search results.
• Attending to preparation and signing of the transfer documentation necessary to change
  ownership of the property.
• Liaising with your financier (if applicable) in relation to settlement.
• Calculation, assessment and arranging your payment of stamp duty to the Queensland
  Revenue Office.
• Calculation of settlement figures, including necessary adjustments for rates, water charges,
  body corporate levies and registration fees (as applicable) and arranging for payment by you
  and your financier (if applicable) at settlement.
• All required communications with you, the seller’s solicitor, the seller’s agent and other
  relevant parties.
• Attending to settlement on your behalf, transferring ownership of the property to you.
• Reporting to you following settlement.

Conveyancing process for sellers

The contract of sale between you and the buyer will usually be prepared by your real estate agent or by us on your behalf.

Our conveyancing services includes pre-contractual advice to you before the contract is signed and acting for you throughout the course of the transaction until settlement is effected, which includes:

• Advice to you in relation to the contract terms including due dates.
• Conducting and reviewing title and any other required searches of the property.
• Advice to you as to satisfaction of contract conditions (finance approval, building and pest inspections, due diligence, etc.).
• Arranging the signing of transfer documentation necessary to change ownership of the property.
• Liaising with your mortgagee (if applicable) in relation to the release of its mortgage at settlement.
• Calculation of settlement figures, including and necessary adjustments for rates, water charges, body corporate levies and registration fees (as applicable).
• All required communications with you, the buyer’s solicitor, your agent and other relevant parties.
• Attending to settlement on your behalf, transferring ownership of the property to the buyer in exchange for payment of the purchase price to you.
• Reporting to you following settlement.

Conveyancing legal costs and charges when buying

The legal costs and charges payable by you comprise:

• Our professional fees.
• Search fees and outlays.
• Transfer duty (commonly known as stamp duty).
• Titles Office registration fees.

Our professional fees depend upon the nature of the transaction and we usually can provide a fixed fee quotation of our professional fees. Our professional fees are generally billed to you at settlement.

Search fees and outlays comprise disbursements which we incur on your behalf to conduct required searches of the property and other costs and expenses which are required to be paid in relation to the conveyance. The search fees and outlays which are payable will depend upon the searches which are required, the local government area where the property is located and the nature of the transaction. We can provide an estimate of search fees and outlays once this information is available. We usually ask that the estimated searches and outlays be paid to our trust account upon signing of the contract of sale, which are then billed to you at settlement.

Stamp duty is payable to the Queensland Revenue Office in relation to the purchase of real estate in Queensland and is calculated based upon the purchase price. Stamp duty is generally payable upon the earlier of 30 days from when the contract becomes unconditional or at settlement of the purchase.

Titles Office registration fees are payable to register the transfer of ownership of the property in the Titles Office. The registration fees are calculated based upon the purchase price of the property and are usually payable at settlement. If you have a financier who is taking a mortgage over the property, your financier will usually incorporate the registration fees in their charges to you.

Conveyancing legal costs when selling

The legal costs and charges which are payable by you comprise:

• Our professional fees.
• Search fees and outlays.

Although our professional fees depend upon the nature of the transaction, we can usually provide a fixed fee quotation prior to the matter commencing. Our professional fees are generally billed to you at settlement.

Search fees and outlays comprise disbursements which we incur on your behalf to conduct required searches of the property and for other costs and expenses which are required to be paid in relation to the conveyance. We can provide an estimate of search fees and outlays and these charges will generally be billed to you at settlement.

For a confidential discussion of your legal needs, please reach out to our team.