Conveyancing & Property Law
Buying or selling property is a big decision and an important milestone for most people. It is essential you have professional assistance to guide you through the complex process and ensure your legal rights are protected every step of the way. Our conveyancing clerks have decades of experience and have handled thousands of transactions. They are supervised and supported by our experienced solicitors to ensure your matter runs seamlessly through to settlement. Our team are experts in PEXA (electronic conveyancing). We provide comprehensive conveyancing and property services including:
- Residential and commercial sales and purchases
- Strata, rural and vacant land sales and purchases
- Off-the-plan sales and purchases / auction sales and purchases
- Retirement village contracts, lifestyle resorts & Manufactured Homes
- Transfer of property between family members
- Mortgages and refinancing
Buying and Selling Property
Conveyancing is the process of transferring the legal ownership (title) of property from one party to another. Although it is often considered a “routine” legal transaction, property conveyancing is very involved ‘behind the scenes’.
Entering an agreement to buy or sell property creates legal obligations, so you need to know exactly what you are getting into before a binding contract is made.
Whether you are a new home buyer or a seasoned investor, we will make the conveyancing process as seamless as possible and answer your questions promptly so you can make informed decisions. We will explain your rights and obligations, assist with negotiations, and help you avoid tricky situations by ensuring everyone is on the same page. Our goal is to help you complete the transaction that you set out to achieve.
Buying Off the Plan
Buying “off the plan” means purchasing a property that has not yet been registered as a separate lot with Titles Queensland. It may involve a house and land package, a unit in a strata scheme, or a parcel of vacant land being created in a subdivision.
Once the development is completed and the plan registered with Titles Queensland, the actual settlement date is triggered. Purchasers will need to be ready to settle, usually within 14 – 21 days.
Off-the-plan contracts are typically more complex than contracts for existing residential property. They are lengthy and contain many conditions and variables including a series of completion dates that give developers additional time to navigate delays, and to finish the project. The contract may also allow for variances in design, size and finishes subject to permissible limits.
As with any large financial transaction, there are pros and cons to consider when purchasing off the plan. Our experienced team can let you make an informed decision by providing expert advice and guidance.
Transferring Shares and Interests in Property
Sometimes shares or interests in real estate are transferred without a standard sale/purchase transaction. Examples include when an owner or co-owner of real estate dies and the deceased’s share is transmitted to the surviving owner or a beneficiary, or where interests in the family home are transferred pursuant to a family law property settlement. Shares in property may also be transferred to protect assets or where property is gifted to children or other family members.
While the idea of transferring the whole or a share in property might seem simple, there are many legal and financial implications to consider. The transfer of property can also trigger tax and transfer duty liabilities, so it is essential to get the right advice up-front and complete the correct documentation.
We assist by providing the advice to enable you to make an informed decision and by preparing the documents to give effect to the transaction. You should consult your accountant to ensure that you understand any tax-related issues such as capital gains tax and the financial effect of your proposed transfer.
Our experienced team have helped many clients to navigate a range of property transactions. Most of our conveyancing services are fixed fee with no hidden charges. If you need assistance, contact [email protected] or call 07 5443 9600.