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Conveyancing Solicitors in Brisbane,
the Gold Coast

Attwood Marshall’s team of highly specialised Conveyancing Solicitors in Brisbane, the Gold Coast and northern New South Wales can assist new home buyers and investors streamline the entire process.

Conveyancing Solicitors in Brisbane, the Gold Coast and Northern New South Wales

If you are buying or selling residential property, specialist legal advice throughout the process is necessary to ensure you follow all the necessary steps and reach a successful settlement.

At Attwood Marshall, our experienced conveyancing lawyers in the Gold Coast, Brisbane and northern New South Wales can assist you from beginning to end with preparing and meeting the terms of the contract, undertaking thorough property searches, completing the settlement, and registering the documents to transfer the legal title. We will streamline the process and ensure it all progresses smoothly and efficiently.

With both Queensland and New South Wales divisions, our conveyancing solicitors can assist buyers with residential homes and investment properties in both states.

Contact us today to book a consultation with one of our specialised conveyancing solicitors in Brisbane, Gold Coast and Northern New South Wales.

The Contract

The date of contract is from when you first enter into the contract, and there is usually a period of 30 days between contract date and settlement. However, this time frame can be shortened or lengthened by mutual agreement of the parties at the negotiation stage.

The contract may include various terms or conditions such as finance approval and/or pest and building inspections, and your contract will remain conditional until these terms are satisfied.

Once both parties have signed the contract it is dated and becomes legally binding. In New South Wales this is known as “exchange”, while in Queensland the property is “under contract”. The deposit is also usually paid at this time and in most cases is held by the real estate agent pending settlement. Deposit Bonds are sometimes acceptable for a deposit rather than a cash payment.

Unconditional Contract

Once the conditional terms of the contract have been satisfied, the Buyer must advise the Seller that the contract is unconditional.

In Queensland, there may be serious financial and legal consequences if the Buyer does not give the required notice. Because of this, we ensure that we communicate with your bank throughout the process and ensure that you are not in default by missing any important dates.

Preparing for Settlement

In the time period before settlement, , we will act on your behalf to undertake searches and enquiries of both government and non-government authorities to ensure there are no outstanding interests or problems with the property. This is a crucial step in the process, and our professional conveyancing lawyers across Brisbane, the Gold Coast and Northern New South Wales are committed to safeguarding the best interests of everyone involved in the transaction.

A number of other steps must also be taken within this time period, including:

  • Stamp duty must be paid to the government
  • A buyers loan must be processed
  • A sellers loan must be discharged
  • A final inspection of the property should be carried out by the buyer just prior to settlement, to ensure that there is no damage or undisclosed issues and that they are happy and prepared to settle

At this stage, the settlement statement will be drafted. This is a statement showing the outstanding Council Rates and other charges and it calculates who is responsible for what proportion of the charge. The seller is responsible for the proportion up to the settlement date and the buyer is responsible for the proportion from the settlement date onwards.

Settlement

On the day of settlement, the buyer pays the balance of the purchase price to the seller, and the keys and title deed are given to the buyer. A title deed is only available in New South Wales on every settlement; in Queensland there is a Register of Titles, which is an electronic record kept by the State Government, and a confirmation of registration will be issued, unless an additional fee is paid for the issue of a Title Document.

Attwood Marshall’s conveyancing solicitors will attend settlement on your behalf and ensure that all documents have been prepared and executed correctly, settlement figures have been adjusted accurately and that everything is in order to proceed. We will then contact you to advise that settlement has been completed successfully.

Registration of Transfer

After settlement, the agent is notified so that commission can be taken and the seller receives the balance of the deposit. If a bank is incoming, it will attend to the registration of the transfer at the Land Titles Office. If the property has been purchased with cash, your conveyancing solicitor will attend to the registration of the documents.

Once registration has occurred, the buyer will receive legal title and the seller will be released from any further obligations for payment of rates, land tax, etc. The conveyancing process usually concludes upon the successful registration of the transfer of ownership of the property.

After Settlement

In some cases, additional terms in the contract may require you or other parties to perform certain obligations after settlement, such as completing repairs to the property or removing items/equipment left at or in the property.

Every contract is drawn up individually to suit each case, and if any of the parties do not comply with their obligations either during the contract or following settlement, your conveyancing solicitor will assist with enforcing rights through the Court system.

Conveyancing in Queensland and New South Wales

At Attwood Marshall, our primary concern is to take away the stress so that you can enjoy what should be an exciting stage of your life.

Our experienced conveyancing lawyers across the Gold Coast, Brisbane and Northern New South Wales are highly specialised and knowledgeable in all aspects of the legal process on both sides of the border.

Buying and Selling Property in Queensland

Conveyancing in Brisbane and Queensland involves a number of steps to ensure the legal rights of both the buyer and the seller are protected.

If you are buying property
, this involves making an offer and, on the acceptance of that offer, entering into a contract with the seller. You will have a cooling off period of 5 working days, and if you decide to go ahead with the contract, settlement arrangements will be made.

We work with you to ensure you are fully informed and aware of all your legal obligations and any special terms and conditions, as well as provide legal advice throughout the process. We keep you notified of the progress, undertake independent searches of the property, prepare final settlement figures and attend the settlement on your behalf.

If you are selling property, your real estate agent will market your property and present you with offers. If you accept an offer, you will sign the contract and arrangements for the settlement will be made.

Our Gold Coast and Brisbane conveyancing lawyers are important throughout the process to assist you with understanding all the terms and conditions of the contract as well as your legal obligations, and providing all the correct documentation to the buyer. We make all the necessary arrangements for settlement and keep you informed of its progress up until completion.

Buying and Selling Property in New South Wales

Conveyancing in New South Wales requires the adherence to state-specific laws and regulations regarding residential property, while protecting both parties to the sale.

If you are buying property
, this involves pre-contractual negotiations to prepare the contract with any special conditions, exchanging and signing the contract with the seller, arranging finances, insurance and property searches, and preparing settlement.

Attwood Marshall’s conveyancing solicitors work closely with you to make sure you
fully understand the terms and obligations of the contract, all necessary information is disclosed, searches of the property are carried out and settlement is arranged. We take care of all necessary processes before, during and after settlement to ensure a successful completion.

If you are selling property
, New South Wales laws require that you have a draft contract prepared before your real estate agent markets your property. When you have accepted an offer, you provide a formal contract for signing including any special conditions, and once the contracts have been exchanged and signed, settlement is arranged.

We provide invaluable legal assistance and advice before, during and after settlement to ensure you meet all your legal obligations and special conditions, arrange all the necessary searches and certificates, and finalise the settlement and the release of security documentation. We keep you in the loop and take care of all the complex preparations so that you don’t have to.

For streamlined and efficient residential conveyancing in Brisbane, Gold Coast and Northern New South Wales, contact Attwood Marshall’s dedicated conveyancing solicitors today. With the right advice and assistance, you can enjoy a smooth, easy and stress-free process from start to finish.

Looking for legal advice regarding Conveyancing? Contact our friendly team of experienced lawyers today.

Attwood Marshall is your leading, full-service law firm when you need a business and commercial lawyer in the Gold Coast, Brisbane and northern New South Wales. For help with any leasing, business or commercial law issue, don’t hesitate to contact our friendly team today.

 

 

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Department Manager Contact Details

We act in both QLD and NSW in all areas of law and Federal jurisdictions.

 

 

 

Freecall 1800 621 071

T: 07 5536 9777 F: 07 5536 9755

E: [email protected]