Services

A Conveyancer is a licensed and qualified professional who provides expert advice and a professional service including (but not limited to) transactions involving:
  • The sale of residential property
  • Change in ownership due to the breakdown of a relationship/change in circumstances
  • Transfer of ownership between spouses
  • Alteration to the manner of holding on title
  • Major and minor residential developments
  • Off the plan contract preparation and review
  • Plan of subdivision /consolidation registration
  • The purchase of residential property (including First home buyers, off-the-plan purchases and vacant land)
  • Preparing all relevant documentation and handling the entire settlement process, ensuring peace of mind.
  • Change of name on title

BUYING

If you want to buy a property the team at KLM Conveyancing will be able to provide you with comprehensive, personalised advice. Their expertise will make your experience
that much simpler.

 

The Buying Process

 

Pre Purchase Inspections

Before you purchase a property it is wise to organise an inspection of the property. The Contract for the Sale of Land does not cover the quality of the building. This means that what you see is what you get, making it advisable to ensure that everything about the property is properly inspected.

 

Exchange Contracts

The exchange of Contracts is the legal process of buying a property. Two identical Contracts will be produced, one for the vendor and one for the purchaser, to be signed and dated. The signed copies are then swapped, or ’exchanged’. Once this exchange has occurred the contracts are binding. Before you exchange Contracts your KLM Conveyancing representative will review the Contract and discuss the contents, special conditions, specifications in relation to the Vendor’s Statement and outline any suggested changes/alterations required to the Contract, if necessary. Before the Contract of Sale is signed the Vendor must provide a Section 32/Vendor’s Statement. This provides the Purchaser with important information about the property including any easements, covenants, mortgages or restrictions on the land. If you are not purchasing the property at Auction or within 3 (three) clear business days prior or post to a scheduled Auction then you may negotiate to have the Contract ‘Subject to Finance’. This allows you time to have your loan formally approved before entering into an unconditional Contract. On exchange of Contracts, typically a 10% deposit is required.

 

Cooling-off period

(Not applicable if purchased at Auction or 3 days prior or post to a scheduled Auction.) After you have purchased your property and exchanged Contracts you have a 3-business-day cooling off period in which you may change your mind about your purchase. If you do choose not to buy the property after all you will receive your deposit back and the Contract will be cancelled.

 

Settlement

Settlement is the final step taken in the property conveyancing process, when the title is transferred to you and you receive the keys to start your new life. You don’t need to present at the settlement in person. Your KLM Conveyancing representative will represent you and your interests with the Vendor and any incoming and discharging mortgagees. This gives you peace of mind, knowing that our high-quality, expert professionals are attending to your matter. Immediately after the settlement we will notify you of the finalisation of settlement and the agent will release the keys of the property to you. KLM Conveyancing is the best choice you can make when purchasing a property. Our specialised, personalised services will ensure that you understand the entire process.

SELLING

The team of professional and motivated conveyancers at KLM Conveyancing will be able to guide you through the process of selling your home in a thorough and personalised manner, making sure that every need of yours is met and every question answered.

 

The Process

 

The Contract for Sale of Land

You want to sell your house, and you have found the perfect Real Estate Agent to market your property. However, the Real Estate Agent cannot advertise your property until a Contract for Sale of Land has been prepared.

The expert at KLM Conveyancing will provide you with fast, effective, and affordable services. An experienced team member will be able to obtain all the necessary documents, including council certificates, a copy of the land title, plans and encumbrances, to prepare your Contract for Sale and Vendor’s Statement.

 

Cooling-off period

(Not applicable if purchased at Auction or 3 days prior or post to a scheduled Auction.)

Every standard Contract for Sale of Land for residential property includes a 3-business-day cooling off period. This allows a Purchaser 3 days to change their mind about their purchase. As the contracts have been exchanged no other prospective buyers can make an offer on the property.

 

Deposit

Usually, the Purchaser will pay a deposit of 10% of the purchase price upon exchange of the Contracts. Cash or EFT deposits will be held in a trust account by the Real Estate Agent until the completion of settlement or earlier by way of Section 27 early release.

If there is no Real Estate Agent involved, in a private sale for instance, then the deposit can be held by KLM Conveyancing in a secure trust account.

 

Exchange

Once a Purchaser has decided to buy the property two identical Contracts will be produced, one to be signed and dated by the seller, the other to be signed and dated by the buyer. These Contracts are then exchanged between the parties and a deposit is paid. Upon exchange the contracts become binding.

At an auction the exchange will occur immediately after the winning bid has been made and accepted.

 

Settlement

Settlement is the date that your property is legally transferred to the Purchaser. This is also the day the purchaser takes possession of the property, and the balance of the purchase price is paid to you.

OFF THE PLAN

Off the plan purchases are purchases made before a building has been constructed or built. This kind of purchase comes with a number of risks because you are not able to inspect the building before you buy. However, you are provided marketing material which demonstrates what the property will look like at completion.

We will be able to thoroughly examine the terms of the Contract to make sure that your purchase is the best one for you.

In particular, the following should, and will be, considered:

  • Whether changes by the developer to
    the finishes in the unit are possible
  • Whether your finance will be available if the building is finished early
  • Whether on selling is allowed prior
    to settlement
  • Whether there are any penalties for withdrawing from the contract
  • How long the developer could
    potentially delay settlement
  • How building defects are rectified

KLM Conveyancing will be able to advise you on your rights in plain English, so you know exactly what is happening throughout the purchasing process.

TRANSFERRING

Transferring property from your name to a spouse, relative or friend can be achieved in a timely manner if handled correctly. You can also change the manner of holding on a property or bring on an additional purchaser to the title.

The Transferring Process:
  1. Advise you whether your transfer is liable to payment of stamp duty.
  2. If the transfer is liable to stamp duty, instruct you to arrange a market appraisal be completed on the property by a licensed Real state Agent (a market appraisal is required by the Office of State Revenue).
  3. If the transfer is exempt from stamp duty, prepare the stamp duty exemption forms to be signed by you.
  4. Draft the property title transfer documents and send them to you to be signed.
  5. Review your lending arrangements and liaise with the lender to ensure that they will be ready for settlement.
  6. Attend to lodgement of Transfer for stamping together with stamp duty exemption forms or cheque for payment of stamp duty.
  7. Attend settlement and ensure that all Title Documents are in order.
  8. Pay the settlement monies to the transferor (if applicable).
  9. For purchasers without a mortgage, lodge the Transfer with the Land Titles Office and then send you your Title when it has been registered
  10. Send you a final reporting letter.
  11. Retain your file for 7 years, making it easier for you to provide us with instructions if you decide to sell your property.

SUBDIVISION / CONSOLIDATION

Thinking of subdividing? Or selling ‘off-the-plan’?
If you are thinking of subdividing to sell, or selling ‘off-the-plan’, the services of a licensed conveyancer will help you through the complex legal process of subdivision.
For us, conveyancing is not really a job, it’s our passion.

KLM Conveyancing can assist you in registering a new Plan of Subdivision or a consolidation
of an existing plan with the relevant authority.

Our subdivision conveyancing services include:

  • Providing estimate of registration fees.
  • Dealing with the surveyor on your behalf to arrange lodging.
  • Preparing any documents required for lodging the Plan.
  • Arranging consent from any interested parties, including Mortgagee.
  • Arranging for Title to be made available for registering the Transfer of Land.
  • Finalising the application and ensure lodging takes place.
  • Monitoring the status of the dealing.
  • Advising once registered, and obtaining new Title Particulars.

DEVELOPMENTS

In any type of market it is important that the contract does not get in the way of closing a sale, but must still protect the interests of the developer and ensure that settlement takes place smoothly and with the maximum financial return. Our contracts offer this balance.

We  prepare Contracts of Sale for the sale of ‘off-the-plan’ allotments. This ensures that you comply with all relevant requirements when selling off-the-plan. Our main business is dealing with off-the-plan matters and subdivisions (both for selling and buying) so we are highly experienced in this area.

 

Before contacting a conveyancer

Contact the local Council. The Council will be able to advise details regarding zoning, area requirements, permits and compliances. Obtain the services of a Licenced Surveyor. The Licenced Surveyor will prepare the Plan of Subdivision. You may also be required to engage engineers depending on the type of subdivision.