Buying a house? Ensure the process is as smooth, exciting and enjoyable as possible. We offer more than just conveyancing, but a full spectrum of legal services in all aspects of property law.

Buying a house is an exciting time. You want to enjoy the experience but the process involved can sometimes be confusing and stressful. Our Conveyancing team can walk with you and beside you as you take the steps towards owning your home.

Buying your home

2. Inspections

Before contracts are exchanged there are a number of inspections that we recommend you do, all of which we can organise for you:

 

  • Pest Inspection Report - A qualified Pest Inspector should thoroughly check the property. This will give you information about any damage such as termite infestation.

  • Building Inspection Report - A qualified Building Inspector should thoroughly check the property to let you know its structural condition.

  • Survey Identification Report - A Surveyor can inspect the property and provide a report which tells you whether or not the house is completely within the boundaries. It will also tell you if the house is clear of any easements at the property, whether or not the fences are in the right place or if any of the neighbouring homes overhang the boundaries.

  • Council Building Certificate - We can arrange for Council to inspect the home you are buying. This will let you know whether or not the house has been approved by Council or if it has any concerns with the house.

The Conveyancing process for buying a house includes:

Understanding the contract for sale is important. We will explain it to you, answer any questions that you may have, and arrange for the Vendor’s (seller’s) solicitor to make any changes based on your instructions. Then you sign the contract.

1. The Contract

3. Finance

If you are borrowing money to help buy the property, we will need to give your finance provider copies of certain documents. We can contact the person you have been dealing with, which will help us to avoid unnecessary delays in getting your finance approved.

4. Deposit

Normally you will need to pay 10% of the purchase price to the Vendor’s real estate agent before we commit you to buy the house. Sometimes an agreement is reached for a smaller deposit to be paid.

5. Exchange of contracts

Once all of the above matters have been dealt with, we will confirm with you that you are happy
to proceed. If you are, we will exchange the Contract signed by you with the Contract signed
by the Vendor (seller). Then the property is off the market! A ‘cooling off’ period may follow the contract exchange unless you buy the property at auction.

6. Between exchange and settlement

During this period (usually 4 – 6 weeks) we will conduct enquiries into the title of the property
you are buying. Several of these enquiries are to Council and the Water Authority to see
whether or not rates are paid up to date. We will prepare a Transfer and arrange for it to
be stamped by the Office of State Revenue before settlement. We will also be working with your finance provider (if applicable) to ensure that everything is in order for settlement to take place on the appointed day.

7. The last week before settlement

We will calculate the amount that you owe the Vendor and make arrangements to collect the money from you and your finance provider (if applicable). You should contact the agent to make a time to do a final inspection of the property. If everything is in order, we will make arrangements for your purchase to be settled. If your final inspection reveals any problems that the agent cannot resolve, we will contact the Vendor’s Solicitor to work things out. If you haven’t already done so, now is the time for you to arrange insurance for your new house.

8. Settlement of the property

Today is the day you will own your new house. Once we have searched the title of your new
property one last time, we will attend settlement and ensure that the correct title and transfer
documents are handed over. Then we will give the Vendor’s solicitor the balance of money owing on the property. As soon as we return to our office, we will call you to let you know that settlement has taken place. You will then be able to collect the keys from the agent and start moving in!

Need help buying a house? call us today

Some common questions about buying a house:

What should i consider when getting a home loan / mortgage?

 If you need financial assistance to buy a house, finding a loan (or mortgage) is an important step in the process towards owning your home. The property you are buying essentially acts as security for the mortgagee (the lender) so if you fail to make your loan repayments, the mortgagee can sell your house to pay the debt.

When deciding on the loan that best suits you, you need to consider the term of the loan (the length of time you have to repay it), the principal to be borrowed (the amount you are borrowing) and the the amount of interest to be paid. Our conveyancing team can go over the terms of the loan with you and answer any questions you may have. We will then work with your finance provider throughout the conveyancing process to make sure they have all of the necessary documents, and to help speed up your loan approval.

What is stamp duty?

It’s a tax charged by the government when you buy a house. The amount will depend on the property’s value, and whether you are entitled to any concessions such as the First Home Owners grant.

What is the 'cooling off' period?

After you sign the contract of sale there is a period of 5 days during which you can change your mind (unless you have agreed to waive those rights.) If you decide not to go ahead, you will lose 0.25% of the purchase price from the deposit you paid. You will get back the balance of the deposit though and be free to walk away from the Contract.

What is an easement over property?

This means that someone else has a right to use the land for a specific purpose, even though you have the legal property title. For example, an electricity authority may have a right of way to access your property in order to run power lines and maintain or repair equipment.

What is the First Home Owner Grant?

If you are buying a new home you may be entitled to this government grant. The amount will depend on the date of the contract to buy the new house. For transactions on or after 1st January 2016 the amount is $10,000. We can advise you about whether you meet the criteria for this grant.

For more information see the NSW Government FHBG page