FAQs

Everything you wanted to know (or didn't) about conveyancing
Additional Costs

When purchasing a property, you should be mindful of the additional costs that can be associated with this process.  Not all of the list below will apply to everyone, but some potential charges to consider include:
– Lender’s fees
– Inspection costs
– Insurance
– Moving costs
– Estate agent fees

Who notifies the authorities that I have purchased a property?

When your transfer papers are lodged for registration after settlement, the Local Council, the Public Utilities (such as water) the Valuer General and the Office of State Revenue are all automatically notified of the purchase.

Other providers, such as the phone and electricity suppliers however, will need to be notified by the purchaser.

See our “shifting check list” for the list of people who need to be notified.

What is a Change of Name?

Also known as a Title Transfer
Changing the name on a title usually involves the addition or removal of one party to or from the property’s title. This is known as a Title Transfer.

If the change of name is merely that – a change of name and not a change of person, (eg  changing you name when married) it may be that there is no change necessary or at the least merely registering  an appropriate record of change of name.

In a case where the change of name is actually a change in person or identity (eg changing a trustee but not the trust), one has to file a full property…. (any more to this??)

The Process
Our Solicitors will not only prepare and guide you through the standard forms and processes  – the completion of the Land Transfer form, along with Lodgment Fees, Stamp Duty and Capital Gains Tax (if the property was an investment) – they will make sure you understand each step.

Legally, it may be that you are considered to be selling an interest in the property from one party to another. There may be certain exemptions, allowances or rebates that are available and there will be other costs to be considered. Some of these are outlined below.

Other financial costs may include:
– Loan discharge fees
– New loan application fees
– Consent fees
– Stamp Duty
– Mortgage insurance

What is a Guarantors advice?

A Guarantee is an agreement by which the Guarantor accepts the responsibility for a debt owed by someone (the borrower) to someone else (the lender) if the borrower fails to do so.  The bank will require a certificate to be signed off, acknowledging that the guarantor understands the risks with the process.

The Difference Between Guarantees and Indemnities
Guarantees and indemnities are very similar in nature.  In both cases the person providing the guarantee or indemnity will ultimately become liable for the debt if the original borrower does not satisfy it.

In the case of a guarantee the guarantor only becomes liable if the borrower refuses to pay.

With an indemnity the “guarantor” becomes liable if the original borrower has not satisfied the debt regardless of whether any demand has been made directly upon the original borrower or not. Under a guarantee the liability only arises when the rights against the original borrower have been exhausted.  Most documents are called guarantees but in actual fact also contain indemnity provisions and thus it is not safe just to consider the title of the document.  The content of the document contains the obligations and must be perused and considered carefully..

Your Liabilities
Basic Liability –
The Guarantors guarantee that they shall pay to the lender the basic loan.  This amount will only become due and payable in the event of a default of any description by the original borrower.  Should any default be made then the guarantor is liable for the full amount regardless of whether the term of the loan has yet expired.

Additional Liability –  If the borrower defaults under the original agreement the lender may incur further costs in attempting to obtain repayment of the debt.  These costs will include the lenders administrative costs, legal fees, bank fees and charges and of course interest on those charges and fees.  Charging interest on these additional fees of course has a snowball effect and can increase the actual liability very quickly.

What is an Inter-Family transfer?

An Inter-Family transfer is essentially the transfer of property from one family member to another.

Just like a change of name, Inter-Family  transfers are common practice, yet each scenario is different.

When is an Inter-Family transfer required?
We have found some of the most common catalysts include:

  • Death in the family,
  • Divorce,
  • Sub-division of larger estates,
  • Inheritance,
  • Gifting, or
  • Buying and selling among family members.

Some cases involve family members who are co-joint owners in a property, deciding to transfer the ownership for part of the property to another family member.

No transfer too complex
Conveyancing Queensland’s team of solicitors are well equipped to handle whatever family transfer scenario you present.

We listen, ask questions to ensure we fully understand your unique needs, then offer practical, easy-to-understand advice for all parties.  We will handle your family transfers in a thorough, personoalised and efficient manner.

What is a Power of Attorney?

The granting of a Power of Attorney gives to the recipient the power to do all actions and things and to bind third parties just as if the original grantor of the Power of Attorney had entered into the Contract themselves.

There are many different forms of Powers of Attorney
However they fall into five main categories:

  1. Limited Power of Attorney (granted to allow limited transaction)
  2. Normal Power of Attorney (full transactional powers over the Grantor’s property/assets)
  3. Financial ( dealing only with financial matters)
  4. Health (dealing with health treatment and related issues)
  5. Enduring Power of Attorney (granted to act on behalf of incapacitated Grantor)

In Queensland, if any document signed under Power of Attorney is intended to be registered at the Department of Natural Resources (the Title Office) then the Original Power of Attorney must be registered at the Title Office.

There are a host of conditions surrounding each of these categories, which our experienced Solicitors can explain to you in detail.

About refinancing a property

Never rush in
If you are thinking about refinancing your home loan, there are many things you must consider and it is not something you should rush in to doing.

The overall costs involved with the process may outweigh the benefits you receive.

Fees
Some of the fees associated with refinancing your home loan include:
– Conveyancing fees
– Government fees and charges
– Potential lenders’ fees

Transfer within couples

Expert advice, for every scenario
Our expert solicitors will guide you, step-by-step, through the transfer of property between:

  • Married couples
  • Same-sex couples
  • De-Facto partnerships
  • Blended families

Property transfer, minus the STRESS
These transfers do NOT need not be stressful.  Although these cases can sometimes involve complex negotiations, with the help of our experienced solicitors, you can carry out your property transfer quickly and smoothly, without unneeded conflict and confusion.

Getting the full story
Because no two family transfer cases are the same, we offer every client the same professional, personal and completely confidential service.  We listen and ask questions to make sure we understand your story; and then we explain our legal story to you.  Our goal is to make sure you understand every step of your property transfer journey, and that we are working together to arrive at the best possible outcome for you, our client.

Selling a Business

Business owners choose to sell for many different reasons.  No matter what your reason, selling your business should never be rushed. Seek professional legal advice early on to ensure the process is done correctly.  It will save you time and money.

Before you put your business on the commercial market, consider if there isn’t another option such as selling to a family member, employee, customer, supplier, competitor or industry colleague.  You also may consider selling to a third party, whilst remaining on in a management role.

You will also need ensure all your financial records and operational documents are up to date, to hasten the sale process.

Request more information
Call 1800 216 777 to speak with our conveyancing experts about the sale of your business, or email your query to our conveyancing experts at info@lawstore.com.au.

Purchasing a Business

Phase 1 – Getting Your “Full Story”
Purchasing a business is a big move, and each purchaser will have different motivators and end goals.  We, as your legal advisors, will firstly need to understand you and your goals – both personal and business – to ensure we provide the best possible guidance, that will lead to your individual end goal.

Phase 2 – Investigating The Business
There are endless considerations that should be made and questions to be asked of the
vendor to ensure we know as much as possible about this business.

Some of the key areas for consideration include:

  • the vendor’s financial records
  • all relevant operational documents
  • whether the vendor runs similar businesses
  • the state of existing stock
  • the current and future climate of this industry
  • the presence of a current marketing plan
  • staffing needs
  • any trademarks or patents.

Request more information
Call 1800 216 777 to speak with our conveyancing experts about purchasing a business, or email your query to our conveyancing experts at info@lawstore.com.au.

Lease Renewals

With more than 30 years’ experience, there is no commercial leasing case too complex for Conveyancing Queensland.

Our team of solicitors will aim to ensure you and your business premises negotiate favourable terms and conditions that will be of benefit for now and into the future.

Some quick tips you may find of help:

  • If you lease your commercial or retail property, you should begin reviewing the lease terms up to 12 months prior to the end date.
  • By law, a landlord is required to provide a written notice at least six months, but no longer than one year, prior to the end of the lease.
  • The notice will either offer you, as the tenant, a new lease (including information on the terms and conditions) or advise you of the landlord’s intention NOT to offer a renewal or extension.

For reliable, expert advice regarding the lease renewal of your business premises
Call 1800 216 777 to speak with our conveyancing experts about lease renewals for your business, or email your query to our conveyancing experts at info@lawstore.com.au.

What happens at settlement time?

Settlement is the finalisation of the sale or purchase process. There are usually four parties involved:

  • the representatives of the vendors and their banks and
  • the representatives of the purchasers and their banks.

On settlement, the vendor will:

  • discharge any mortgage they have with their Financiers and deliver all documents to the purchaser’s representative;
  • who in turn checks them and delivers them to the purchaser’s financier;
  • who will advance the funds to enable the purchase to complete.

The real estate agents are then authorised by both parties to release the deposit and to deliver the keys to the new purchaser.

What happens if either party cannot settle on the due date?

Mostly this is dealt with by requesting an extension of time from the other party.

This is important as Queensland operates under a system known as “time is of the essence” which means that where a date is stipulated for the performance of an obligation, the date and time will be strictly adhered to.

Whilst extensions of time are not uncommon they are not granted “as of right” and are considered not to be part of the basic conveyance requirements.  Depending upon the situation, an extension of time may find you being liable for interest on the unpaid purchase price or at the least the cost of your own and/or the other side’s additional legal fees.

If a party finds themselves in breach of the contract, they will face a number of consequences (including but not by way of limitation) forfeiture of the deposit and being sued for damages or specific performance.

Government Charges

When purchasing, there are standard State and Local Government charges such as Stamp Duty, Registration fees and search and inspection fees.

Use our Stamp Duty Calculator to estimate your Stamp Duty charges

Other Disbursements

Sometimes we incur additional costs such as non-local phones, bank charges, photocopying and fax charges.  These are automatically tracked and noted on your file.

If these charges exceed our standard $35.00 per file rate we reserve the right to charge for them on an as used basis.

All fees and charges are presented and explained to ensure you have the whole story of the property being purchased.

Search Fees

We carry out a comprehensive list of property checks and searches, which are charged to you without markup ensuring you are only paying for what you get.

Flat Rate Fees

We believe every conveyance and every client is different.  For this reason we charge a flat rate for the normal conveyancing attendances but will charge on a “User Pays” basis for additional attendances that are outside the normal requirements. Sometimes these costs are able to be recovered or negotiated with the other side.

What is Conveyancing?

Conveyance is the name most commonly used for the transfer of property from seller to buyer.

Why should I use a Conveyacing Solicitor?

Buying or selling property is usually one of the biggest financial transactions of your life.

The transaction is governed by a great deal of rules, regulations, and legislation.  The consequences of making a mistake can be both costly and heartbreaking.

In Queensland only qualified legal firms are entitled to charge for undertaking a conveyance.

You can undertake the conveyance yourself or by means of an “assisted kit” Just remember though that you will be the one carrying the burden if something goes wrong.

Conveyancing Queensland has an in-depth understanding of all the law concerning property transactions. We are required by law to carry professional indemnity and fidelity insurance.

When should I talk to a Solicitor?

Once you have made the decision to buy or sell your property, engaging the services of a solicitor is your first step.

Often there will be “special conditions” to your contract that you should be advised on. Even if these terms are for your benefit you will need to be assured that the wording does achieve what it is intended to.

Five minutes by a professional overlooking a contract can often save hours of time and years of heart-break.

Why should I use Conveyancing Queensland?

We offer personalised customer service, delivered by experienced solicitors and supported by our own leading edge technology.

Our firm is small enough to know our customers by name and big enough to deal with the issues.

We take the time to know you and your needs to ensure we provide the right advice for now and into the future.

What is the cooling off period and how does it affect me?

In Queensland the system of conveyancing is different from other states in Australia.
Queensland does not operate on the basis of exchange of contracts but rather the buyer and the seller are bound contractually (subject to specific terms and conditions) immediately after the contract is signed by both parties.

To afford the Buyer some form of protection, a statutory cooling off period and disclosure requirements have been established under the Property and Motor vehicle Dealers Act (PAMDA).

A cooling off period is the right of a purchaser of property to cancel the agreement for any reason within 5 working days from the date the accepted contract is delivered back to the Buyer.

Canceling the agreement (or rescinding, as it is known) can cost the purchaser 0.25% of the total purchase price and often it is better to seek the advice of the Solicitor who may be able to relieve you of the obligations by another method.

The cooling off period does not apply to all transactions (it does not apply at auction or by private sale for example) and can be shortened or waived by completion of a certificate of independent advice signed off by your Solicitor.

What is a disbursement?

A disbursement is the name used to describe payments made on your behalf for third party payments.  Most commonly it is used to describe the payment of costs of the search fees.

What is Buying ‘Off The Plan’?

Buying a property “off the plan” is the purchase of a property which is either not fully constructed or for which construction has yet to commence. It is a popular way to invest, as there are many advantages, but also some risks to consider.

Advantage of Buying Off The Plan

  • You are purchasing a brand new property with warranties on work.
  • The opportunity to customise it to your own specific requirements.
  • Potential benefit from any capital gains generated during construction.
  • A long settlement phase also allows the buyer time to realise assets or raise finance.
  • A new property as an investment, generally qualifies for depreciation allowances.

Risks Associated with Buying Off The Plan

  • Possible minor changes to the floor plan, size and configuration of the lot.
  • Community living issues (eg. the keeping of pets).
  • Suitable methods for payment of the deposit.

If you are considering purchasing a property off the plan, be sure to obtain advice from your solicitor.

Buying a property is the biggest and most important investment decision you are likely to make in your life. If you fail to do your research, or if you receive bad advice buying a property may also be one of the most costly decisions of your life.

Need a Conveyancing Quote for Buying a Property?

Submit a no-obligation, online Conveyancing Quote Request today! One of our qualified property solicitors will create a personalised quotation for you.

Request A Conveyancing Quote

Got a question or need more help?

For more information on purchasing or selling your next property or business, you can:

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