Buying a property

Conveyancing House Lawyers keep it simple. Here is our Homebuyer’s check list

Stage 1:

Prior to contract execution/signing (prior to “exchange”)

We will :

  • Review your Contract on your behalf prior to execution
  • Draft or proof any documents required
  • Be available to provide any advice or guidance required in relation to the contract
  • Offer advice on First Home Owners Grant and apply on your behalf.
  • Assist your Real Estate Agent in finalising the contract
No need to get a quote: Our fixed fees are $850 + GST + searches at cost price.

No need to get a quote: Our fixed fees are $450 + GST + searches at cost price.

Stage 2:

After contract execution and the documents are exchanged

We will :

  • Keep you informed of critical event updates when appropriate
  • Be available to answer any questions you may have during this time
  • Provide you with full details on all aspects of the purchase that you need to be aware of. You will receive a communication of every step along the way.
  • Carry out all standard searches for the property
  • Advise you of any additional searches that are appropriate to your property
  • Arrange building and pest inspection reports for your property
  • Pre-settlement inspection of the property (optional)
  • Calculate stamp duty to be paid and reconcile pro rata costs such as Council fees.(as per Government requirements)
  • Confirm all items included in the sale of the property contract.
  • Arrange settlement details with the seller’s Conveyancer/Solicitor
  • Advise you of settlement time and location details of settlement once confirmed

You will be required to:

  • Read the correspondence that we prepare for you.  It is specifically tailored to your contract and will help you understand the process.
  • Complete the necessary instructions and other relevant paperwork we send to you and return to our office at your earliest convenience.
  • Advise us if you require us to conduct any additional and optional searches
  • Arrange insurance cover for the property
  • Confirm finance approval for your purchase
  •  Confirm your satisfaction/dissatisfaction of the pest and building report.

Stage 3:

Settlement

 

We will :

  • Confirm and advise you of the full settlement amount to be paid, complete with stamp duty
  • A Settlement Agent will arrange and attend the settlement meeting on your behalf
  • Personally advise you when the property is officially in your name
  • Officially confirm settlement in writing
  • Arrange for keys and any security devices to be delivered to your Agent

You will then be happy to:

  • Arrange removals, disconnection and reconnection of utilities and change your address where appropriate
  • Move into your new home!

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Conveyancing House General Terms of Business
1 Billing Arrangements Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 30 days from the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or mobile phone number as specified by you.

2 Acceptance of Offer You may accept the Costs Disclosure and Costs Agreement by: a) Signing and returning this document to us or: b) Cheching the appropriate box on our website or; b) continuing to instruct us. Upon acceptance, you agree to pay for our services on these terms.

3 Interest Charges Interest at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015 (“Uniform General Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. Our tax invoices will specify the interest rate to be charged.

4 Recovery of Costs The Legal Profession Uniform Law (“the Uniform Law”) provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Uniform Law) has been given to you.

5 Your Rights It is your right to: (a) negotiate a costs agreement with us; (b) negotiate the method of billing (e.g. task based or time based); (c) request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable; (d) seek the assistance of the designated local regulatory authority in the event of a dispute about legal costs; (e) be notified as soon as is reasonably practicable of any substantial change to any matter affecting costs; (f) accept or reject any offer we make for an interstate costs law to apply to your matter; and (g) notify us that you require an interstate costs law to apply to your matter.
If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by us only if: (i) when the lump sum bill is given, we inform you in writing that the total amount of the legal costs specified in any itemised bill may be
higher than the amount specified in the lump sum bill, and (ii) the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law. Nothing in these terms affects your rights under the Australian Consumer Law.

6 Your Rights in relation to a Dispute concerning Costs If you have a dispute in relation to any aspect of our legal costs you have the following avenues of redress: (a) in the first instance, we encourage you to discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship; (b) You may apply to the QLD Court registrar for assessment of our costs. This application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid.

7 Payment Methods It is our policy that, when acting for new clients, we do one or more of the following: (a) approve credit; (b) ask the client to pay monies into our trust account; (c) ask the client for their credit card details. Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.

8 Authorisation to Transfer Money from Trust Account You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules. A trust statement will be forwarded to you upon completion of the matter.

9 Retention of Your Documents On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs. You will be liable for the cost of storing and retrieving documents in storage and our professional fees in connection with this.

10 Termination by Us We may cease to act for you or refuse to perform further work, including: (a) while any of our tax invoices remain unpaid; (b) if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs; (c) if you fail to provide us with clear and timely instructions to enable us to advance your matter, for example, compromising our ability to comply with Court directions, orders or practice notes; (d) if you refuse to accept our advice; (e) if you indicate to us or we form the view that you have lost confidence in us; (f) if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest; (g) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or (h) if in our sole discretion, we consider it is no longer appropriate to act for you; or (i) for just cause. We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.

11 Termination by You You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).

12 Lien Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours: (a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and (b) our lien will continue notwithstanding that we cease to act for you.

13 Privacy We will collect personal information from you in the course of providing our legal services. We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with our duty to the courts.
Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.
If you do not provide us with the full name and address information required by law, we cannot act for you. If you do not provide us with the other personal information that we request our advice may be wrong for you or misleading.
Depending on the nature of your matter the types of bodies to whom we may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.
We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.
We manage and protect your personal information in accordance with our privacy policy [which can be found on our firm website or a copy of which we shall provide at your request]. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.

14 Sending Material Electronically We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.

15 GST Where applicable, GST is payable on our professional fees and expenses and will be clearly shown on our tax invoices. By accepting these terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

16 Governing Law The law of Queensland governs these terms and legal costs in relation to any matter upon which we are instructed to act.

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