Buying Property

 

Contact us before signing a contract to guide you through the details specific to your purchase. There are some important milestones in your purchase journey.

Establishing finance

Make sure you read everything thoroughly, from the pre-contractual statement which outlines the fees and charges, to the actual mortgage contract itself. Remember you are entitled to legal advice and are under no obligation to sign anything on the spot.

 Pre-purchase inspections

Once you have found a property you like, you will need to arrange a pre-purchase building inspection report and perhaps a pest inspection report. These are written reports about the condition of the property and helps you find out any potentially costly problems. You may be able to use this information to negotiate a reduction in the purchase price.

Making an offer

If you’re happy to proceed, you can make an offer. You might be asked to pay a small sum as an initial deposit, but this is fully refundable if you don’t end up signing the contract. It does not mean that the property is yours yet either, as the agent can take other offers.

The contract

When buying a property, the contract should be worded to suit your specific requirements.

  • If you are borrowing money to buy the property, the contract should be subject to the finance you require.
  • If you require council approval to use the property for a specific purpose, the contract should be subject to getting that approval.
  • If you want the property inspected by an architect or builder, the contract should specify that it is subject to those matters.
  • If you want the property inspected for white ants or other pests the contract should be subject to getting a satisfactory pest controllers report.

Before signing a contract, you should always get legal advice about it. If you have already signed the contract and are worried about what your obligations are please contact us immediately.

The property will be at your risk from the time the contract is signed and you should insure it immediately. If the property were to be damaged by fire, for example, after the signing of the contract, the loss would be your loss.

Special contracts

Some builders and developers sell land with contracts containing special terms such as:

  • if a house is to be built on the land, it must be built by this seller;
  • that a house must be built within a specified time; or
  • restrictions on the type of building that can be built on the land.

Some contracts contain terms that may be unfair or not wanted by the buyer. You should get legal advice before entering into a contract of this type

Cooling off

Most buyers have a right for a few days after the contract is signed to say they don’t want to go ahead with the purchase. This is called “cooling off”. Companies do not have this right. During this period, you can cancel the contract by giving written notice to the seller or the land agent.

Settlement

After the contract has become binding, your Boylan conveyancer will progress arrangements. This includes:

  • arranging payment of stamp duty;
  • liaising with the lender regarding the mortgage;
  • checking with various government authorities to see if they have a vested interest in the property;
  • checking to see if there are any outstanding debts to local council;
  • calculating adjustments for council, water and strata rates;
  • making final checks on the title.

Your Boylan Conveyancer will lodge your settlement paperwork electronically. This ensures on-time settlement and instant money exchange through direct funds transfer.