Conveyancing & Property

Our property practice is extensive, and our clients include large property developers, individual clients, family trusts and superannuation funds.

From land acquisition, finance, tax advice, business structure to property settlement, our knowledge and experience plus strict procedure and intensive checklist will help you achieve a successful result.

If you are a proposed purchaser:

We understand that buying a property can be confusing. Before you sign the contract or place an offer, ask the agent for a copy of contract for sale of land and send to our property lawyers to review. We aim to review your contract in a timely manner and contact you to discuss the main contractual terms and request any necessary amendments on your behalf.

In some circumstances, we will encourage you to order a strata report, building inspection report or pest report before exchange of contract, since the purchaser’s right to rescind the contract due to a defect in title to or quality of the inclusions is restricted.

Based on our thorough understanding of the current policies, we will also provide accurate advice regarding the GST, stamp duty exemption or concession, first homeowner grant and so forth to make sure you receive the maximum benefits you are entitled to. If you are an overseas purchaser, we will advise you of the FIRB application, vacancy fee and surcharge stamp duty and land tax issues.

After exchange of contract, we will do our part including running searches, booking settlement with the vendor’s solicitor and incoming mortgagee, preparing settlement adjustment sheet and advising settlement and shortfall figures.

If you are a proposed vendor:

When you intend to sell a property owned by you, the first step is to find our property lawyers to prepare a contract for sale of land and provide it to the agent for marketing. Failure to fulfil the vendor’s disclosure obligations will entitle the purchaser to rescind the contract without forfeiting any deposit paid. We work prudently to make sure all the prescribed documents under Conveyancing (Sale of Land) Regulation 2017 are updatedand attached to the contract prior to exchange of contract.

Following exchange, we will order the land tax certificate and Foreign Resident Capital Gains Withholding (FRCGW) Clearance Certificate and serve the purchaser’s solicitor in due course. As to foreign resident vendors for tax purposes, we will also advise you of the FRCGW amount to be paid to the Australian Taxation Office. You are encouraged to seek independent financial advice as to the possibilities of applying for the FRCGW variation and GST discount.

If the property to be sold is mortgaged, we will also apply for the discharge of mortgage to the outgoing mortgagee on your behalf, advise payout figures and split the sale proceeds according to your instructions.

Equipped with sharp legal knowledge and profound practical experience, we have worked closely with the agent, the other side solicitor, the strata manager, the broker and the mortgagee and the authorities and secured smooth settlements in various conveyancing matters. Our work is greatly appreciated and highly recommended by our clients.

Please contact us now on 02 9283 8588 for all of your conveyancing needs.

Our conveyancing services include but are not limited to:

  • Acquisition of land and due diligence
  • Off-the-plan sale and purchase
  • Off-the-plan on sale
  • Review of the contract for sale of land
  • Preparation for the contract for sale of land
  • Put and call options
  • FIRB application for overseas purchasers
  • House and land packages

Related Article

Building Quality Defects in Off the Plan Purchase

The quality defects issue appears more often in off the plan purchase.

A central issue surrounding quality defects is one where the purchaser is unhappy with the final product as built by the developer. Generally, the purchaser envisions the development to

Read More ...

An Introduction to the First Home Buyers Policies

First Home Buyer Assistance Scheme (FHBA) and First Home Owners Grant (FHOG) are the current national schemes introduced by the government to benefit the first home buyers. It is funded by the States and Territories and administered under their own legislations.Read More ...

Legal Protections for off the plan property purchasers – Sunset Clause

We note that the NSW Government passed the Conveyancing Amendment (Sunset Clauses) Act 2015 on 17 November 2015 and that this act grants further protections for off the plan purchasers.

This act is now found in Division 10 of the Conveyancing Act 1

Read More ...

Land Tax Policies in NSW

If you own land in New South Wales and the value is above the land tax threshold, you may have to pay land tax unless you are exempt.

One main exemption is called the Principal Place of Residence (‘PPR’) exemption. Each family can only claim the PPR exe

Read More ...

Who is Liable to Pay Vacancy Fees

What is a Vacancy Fee?

A Vacancy fee is an annual fee which must be paid by certain ‘foreign’ owners of real residential property in Australia if the property that they own is unoccupied for more than half of the year (183 days). The purpose of this fee is to disc

Read More ...

Vendor Statement and Breach of Section 32 of the Sale of Land

Here, at Legal Point Lawyers & Attorneys, we place great emphasis on conducting a thorough conveyancing process from beginning to end, whether we are acting for the vendor or purchaser whether located within or outside New South Wales.

Taking an example

Read More ...

speak to us and put your mind at ease 1300 618 888