As most conveyancing is electronic these days so we can service anywhere in Queensland.

We regularly complete conveyances throughout the Redlands including Cleveland, Thornlands, Thornside, Birkdale, Russell Island, Macleay Island, Raby Bay, Redland Bay, Ormiston, Capalaba, Alexandra Hills, Coochiemudlo Island, Mount Cotton, Sheldon, Victoria Point, Wellington Point and Stradbroke Island.

Generally when the Buyer signs the Contract of Sale they receive a statutory five business day cooling-off period in which they can terminate the contract without providing a reason to the Seller for doing so. If the Buyer elects to terminate during this period the Seller is entitled to keep 0.25% of the purchase price from the Buyer’s deposit.

If you have any concerns about the Property or the Contract you have entered into, please contact our office immediately for advice.

In the standard REIQ, Deposits are commonly due when the Buyer signs the Contract, on a fixed date, a Special Condition or when the Contract becomes unconditional.

If a Buyer does not pay the Deposit to the nominated deposit holder by the due date, they will be in default under the Contract. If a Buyer is in default under a Contract, the Seller may have a right to terminate the Contract.

If you have signed a Contract and have not yet paid the Deposit or will be unable to pay by the due date, please immediately contact our office. We may be able to arrange an extension of time but is at the discretion of the Seller.

A disbursement is a payment made to a third party, such as the Land Titles Office for a title search on the Property. Searches are conducted over the Property to ensure it is cleared from all outstanding monies at Settlement and to ensure any notices or orders do not impact legal ownership.

Once settlement has been effected, we will notify the Real Estate Agent in writing. Keys will be collected from the Real Estate Agent unless an alternative arrangement has been agreed between the parties.

PEXA is an online property exchange network and assists lawyers, conveyancers and other professionals to transact online to lodge documents and settle digitally, ensuring a more efficient, faster and cost effective conveyancing process.

For more information please visit PEXA here.

The document that shows the legal ownership of a property. From 1 October 2019 paper Certificates of Title (sometimes called “The Deed”) issued in Queensland will no longer have any legal effect, as the electronic title held by the Titles Office will be the true record of ownership. From this date, you may either keep your Paper Certificate of Title for historical purposes or destroy it.

Also known as ‘stamp duty’. This is a state tax levied upon the transfer of property and is payable by the buyer. The transfer duty amount varies from state to state and depends on the value of the property. There are concessions available in certain circumstances that may be available to the buyer, such as a home, or first home concession.

For more information on transfer duty or to determine if you are eligible for a concession, please contact our office.

Transfer Duty must be paid within 30 days of the Contract or 30 days of the unconditional Contract date, whichever date is earliest. It can be calculated either as the unencumbered value of a Property or the amount that has been agreed under the Contract, whichever is greater.

On 1 July 2017, the Australian Taxation Office (ATO) introduced requirements for all properties being sold for $750,000 or more; each Seller must obtain a Clearance Certificate prior to Settlement.

The ATO Clearance Certificate is a statement from the ATO confirming that each Seller is not a foreign resident.   

Applying is easy and there are no fees involved.

Simply visit the ATO’s website and complete their online application form to get things started.

We suggest you apply as soon as possible as there may be a waiting period of up to 28 days.

If you require any assistance, please contact our office.

Yes. Once you have received your certificate, please provide us with a copy so we can inform the Buyer.  A clearance certificate is provided to the Buyer prior to settlement to confirm that the Buyer does not need to pay part of the purchase price to the ATO for Capital Gains Tax purposes.

If an ATO Clearance Certificate cannot be obtained prior to Settlement and the purchase price is $750,000 or more, legally the Buyer must withhold 12.5% of the purchase price and pay this to the ATO.

If the property is mortgaged, you should immediately provide your bank with a completed mortgage discharge form. These can usually be obtained online or alternatively you can attend a branch to arrange for the release of mortgage. Ensure that you also provide the contact details of your solicitor so that they can arrange for Settlement on your behalf. 

A rates search will be done by the Buyer to confirm the rates owing/paid for the settlement period. A rates adjustment will be made at settlement either in favour of the Buyer or Seller depending on if the currents rates balance is paid. This means you will only be paying the rates for the period of time that you are the owner of the property.

If you are purchasing property as joint tenants, each party on title will hold an individual interest in the property. The most common example of a joint tenancy is the ownership over a home by a married couple. In this example, joint tenancy comes with the ‘right of survivorship’, which means that in the event of one joint tenant surviving the other, the property automatically passes to the remaining joint tenant and does not form part of the deceased’s estate.

If you are purchasing the property as tenants in common, each person will own a share in the property (i.e. can be 50/50, 70/30, 99/1 or any share as you wish). On the death of one party that share passes to whoever inherits their estate.