Selling Your Property?
We Take The Hassle Out of Conveyancing
We take care of the Conveyancing,
so you can take care of packing.
Bush to Beach Legal offers affordable property law services for residential and commercial conveyancing. We advise on both urban and rural property matters. Use our skills and service to take some of the complexity and worry out of selling your property.
With a small team of dedicated and diligent property lawyers and solicitors, we pride ourselves on our consistent, relevant, and easy to understand communication. With unparalleled efficiency and cost-effective legal solutions, including a fixed fee conveyancing service, Bush to Beach Legal is the smart choice for all your legal needs.
My partner and I have worked with Luke as a solicitor for the sale of two properties and purchase of our new home. He has been friendly and efficient with his communication on all occasions and ensured we fully understood the process to be undertaken each time. I would highly recommend Luke and Bush to Beach Legal to anyone in need of a solicitor.
Luke was professional from the start. He was very prompt and efficient in dealing with issues during the conveyancing of the sale of my mother's property. He was always approachable and flexible in providing alternative arrangements, if required. We would be more than happy to refer him onto others.
I have used Luke for both purchasing and selling of our properties. His professionalism and easy to understand advice and details made the whole process very easy and stress free. He was very easy to contact and happy to answer all my questions during the process. I would recommend Luke to all needing his services.
We've used Luke's services for a number of real estate properties, both buying and selling. He does an amazing job. We feel so confident having Luke in our corner. He has a wealth of knowledge and steps you through the process. Couldn't speak more highly of him as a person and in his professional capacity. A+++++
Luke is amazing. As a first home buyer I had no idea the process and what I needed to do from a legal standpoint. Luke is extremely knowledgeable, while also being calm, straight forward, and navigates the home buying process with ease. Nothing ever felt like a big deal, even though there were some big hurdles. Luke is very responsive, and was able to answer all my questions throughout the process, and ensure my interests were protected.
Conveyancing - Selling
Making the decision to sell your home is a huge life decision. Are you selling to relocate elsewhere? Are you downsizing or upscaling?
Are you intending to purchase a new property before selling your current home? Or are you simply looking to offload an investment to utilise your funds elsewhere? All of these questions are important and need to be considered and discussed with your property lawyer prior to commencing the sales process.
It may also be important to discuss your current plans with your accountant and to obtain some financial advice.
After making the decision to put your home on the market, it is not uncommon to become overwhelmed with countless questions and doubts. However, selling your home doesn’t need to be complex and the more informed you are about the process, the less daunting it will seem.
Our step-by step guide to selling a property will ensure that you’re familiar with each stage of the process and well-prepared to sell your property. The general process for selling a property, is outlined below.
In order to list your home for sale on the market, you will need a Contract of Sale prepared. In order to prepare these documents, several important documents will need to be sourced, which include;
If you have renovated your property within six and a half years preceding the sale, you will need to obtain an inspection report, which will alert the buyer to any defects.
Copies of your rates and water notices issued to you by your local council. It is important that the Contract provides full disclosure to potential buyers related to specific details of the property, including costs of outgoings.
Once you have provided all these documents our team will complete property searches to obtain more specific property details.
These searches include:
– Title Search
– Copy of the Plan. This will outline the details of any easements or restrictions of the property and provide accurate measurements related to the property’s boundaries.
– Property reports, which indicate whether your property is in a bushfire or flood prone area, any heritage restrictions and whether the state road authority has any plans on the area surrounding the property.
All of these documents are essential to ensure that any potential purchasers can complete their due diligence in order to make an offer.
Contract of Sale
The contract of sale is the most important document in the process as it outlines the terms and conditions as agreed on by the purchaser and you. It is to be in writing and signed by the parties involved with the purchaser signing first.
When listing your property on the market a blank marketing contract will be provided to your selling agent, to be issued to potential purchasers.
One a purchaser has made an offer and the offer has been accepted by you, the terms and conditions of the offer such as the purchase price and any special conditions will then be added to the contract. The purchaser will often complete details such as the sale price and settlement date upon signing the document.
The purchaser may request for the contract to contain special conditions such as ‘subject to finance’ or ‘subject to a building inspection’. This means that the sale will only proceed provided that the conditions are met. For example, if the buyer’s finance has not been unconditionally approved, a ‘subject to finance’ condition will allow them to end the contract without penalty if their loan application is refused. These special conditions are extremely common, and something that you as the seller, will need to agree to as part of the terms of the offer.
An unconditional contract simply means that the sale is not dependent on any terms and is therefore proceeding on an unconditional basis.
If the purchaser decides to withdraw once the contract has become unconditional, you could recover any losses you sustain. This often means retaining some or all of the deposit in addition to reserving your right to pursue further legal action as a result of loss or damages.
Contracts typically become unconditional once all conditions have been met. This includes any special conditions that either the purchaser or the seller needed to fulfill, such as obtaining finance or carrying out any agreed repairs.
Prior to settlement, there are a few matters your solicitor will need to attend to before the property can transferred out of your name.
– discharging any mortgage that is listed as an encumbrance over the property,
– preparing a statement of adjustments.
A statement of adjustments refers to any rates, taxes, current leases or outgoings. The statement prepared by your solicitor will ensure you only pay the portion up to the date of settlement and the purchaser will only be liable for the portion from this date. Adjustments are then deducted or added to the amount due at settlement.
The purchaser has a right to carry out a final inspection of the property within the seven days preceding settlement. This is to confirm that the property is in the same condition. It is important to ensure that all inclusions remain at the property, as this is where disputes can arise.
If you have sold your property with ‘vacant possession’, you will need to ensure that the property is empty, and in fact vacant on the day of settlement, with all belongings removed.
The date of settlement is stated in the contract. It is generally only attended by the financial and legal representatives of both parties and is now completed online, using electronic conveyancing network PEXA. Your solicitor will inform as soon as they receive confirmation that settlement has been finalised.
Following settlement, the balance of funds by way of cheque or directly into your nominated bank account in accordance with your instructions. One of the many benefits of the PEXA electronic conveyancing network is that this occurs in real time, which enables you to receive any proceeds from the sale sooner rather than later.
We will also advise the relevant authorities such as water, council and Owners Corporation of the change in ownership.
Frequently Asked Questions
Do you have Questions? We have Answers.
At Bush to Beach Legal we are property lawyers and solicitors which means we get lots of questions about buying and selling residential and commercial property.
We’ve compiled some of our Frequently Asked Questions below.