In NSW and VIC you must use a solicitor/conveyancer and shortly it will be mandatory in all other states and territories.

At present, if you reside outside of NSW or VIC you can elect to do your own conveyancing however this is not recommended for those without a legal background.

It is not necessary but it is wise to use and obtain advice from a solicitor/conveyancer prior to signing an off the plan contract. Off the plan settlements are often lengthy, a Conveyancer can negotiate amendments on your behalf to protect you during the lengthy transaction. They will also explain the many terms and conditions that developers include in contracts.

Yes.

A conveyance can take as little as 7 days. We work with all parties to come to an agreeable time frame.  The average conveyance takes anywhere between 30-42 days.  In special circumstances we can arrange for settlements of up to 4 years.

We provide end to end support and advice with all property related matters during the settlement process. An overview of the process appears below:

1. Call us and discuss your needs
2. Negotiating terms of contract
3. Contract signing
4. Your finance (if required) enters the approval phase known as ‘Unconditional’
5. Exchange contracts with the other party
6. Prepare transfer documents and perform title investigations
7. Book settlement with the other parties solicitor and lenders
8. Prepare settlement figures and transfer funds
9. Settlement
10. Final report and call

We currently conduct conveyances within QLD, NSW, VIC, SA and TAS.  We also have partners in NT and WA that can assist our clients.

Most states have some kind of cooling off which enables you to end a contract with a small penalty.

• QLD – 5 business days from the contract date.
• NSW – 5 business days from the contract date.
• VIC – 3 business days from the date the purchaser signs the contract even if the Vendor has not signed.
• SA – 2 business days from the contract date.
• TAS – NIL
• NT – 4 business days with a full refund of deposit monies.
• WA – The term is negotiable and must be within the terms of the contract documents.

Building and pest inspections usually will cover both the inside and outside of a property and can uncover defects that aren’t immediately visible. Inspectors will look for things like mould and leak stains, any potential issues with the plumbing systems, inoperative or damaged phone lines and aerial points, any cracks in walls or ceilings and they may even uncover plants in the back or front yards that might have invasive root systems and pose a threat to the structural condition of the house or its landscaping.

They are a choice not a necessity, however, for the minimal cost in comparison to the home you are purchasing we highly recommend you obtain these reports prior to signing any contract or attending any auction.

Transfer duty is a state based tax.  Each state has different rules. Some states require payment well before settlement, some do not required payment until the day of settlement.  There are also different rates for investors or for the purchase of your principal place of residence.  In addition there are foreign duty surcharges and premium property surcharges.  Feel free to contact us to ascertain what duty would be payable for your transaction.

If you are selling your property or part of your property to a family member you should seek the advice of a solicitor/conveyancer.  Each state has difference stamp duty rules and exemptions and your lender may also have different banking criteria that we can explain to you quickly and in details.

In NSW and VIC it is mandatory to use a solicitor/conveyancer for such transactions and soon all states and territories will follow this process of electronic conveyancing where you are required to be a licenced solicitor/conveyancer to conduct such transactions.  Contact us to discuss your family transfer and to discover if you are eligible for any stamp duty concessions.

Our solicitors and conveyancers have been involved in Trust purchases for over 25 years and have also conducted thousands of SMSF property purchases including assisting clients to set up their own funds.  We can also assist clients who may have made mistakes or have breached the SMSF rules and require urgent rectification for their trust deeds and lending set up, to bring their Super funds back to a complying fund.

Future Assist offers a wide range of mortgage and finance options including:

• Home loans
• Investment properties loans
• Commercial properties loans
• SMSF Lending