QLD Conveyancing – Selling your Property

Pre-Sale & Acceptance of an Offer

The Real Estate Agent will market your property and present you with any offers. We recommend you obtain legal advice before accepting an offer and signing the contract. Obtaining legal advice prior to signing the contract will allow your conveyancer to discuss the terms with you to ensure you are able to meet your obligations and that your interests are protected. We are available to peruse and give advice on the proposed contract at no charge.

Importance Of Disclosure

There are strict laws concerning the documents that are presented to the Buyer when signing the contract. If particular forms or pieces of information are missing it may create a loophole allowing the Buyer to withdraw from the contract at any time up until settlement. It is a good idea to ask the real estate agent to send the contract to your conveyancer before it is presented to the Buyer for signing, to ensure the necessary disclosure documents and information are present.

Please complete our QLD Seller’s Questionnaire to help your conveyancer ensure the contract meets the QLD Conveyancing Protocol requirements.

Advice and Special Conditions

Once we have received a copy of the signed contract, we contact you immediately to ensure you are aware of your legal obligations, the special condition dates* and settlement date. We also provide you with formal written advice.

Throughout the matter will we liaise with you in relation to special conditions, and advise the Buyer’s solicitor of your instructions. We also contact your financier* to request release of the mortgage over the property and make settlement arrangements.

Settlement

Attwood Marshall prepares settlement figures and cheque details, and arranges a settlement time and venue. We attend settlement on your behalf and notify you of completion. If requested, we are available to deposit your sale proceeds into any of the major banks after settlement.

We notify the agent that settlement has been effected and direct them to release the deposit to you (less their commission). Following settlement, we provide you with formal accounting in relation to sale monies and fees.

Buying a Property

Making an offer

The Real Estate Agent will ask you to make your offer by signing a contract which will then be presented to the Seller. If the Seller accepts your offer, they will countersign and date the contract and at this point you have a legally binding agreement. Even if you have bought and sold property before, you should ask your conveyancer to look over the contract before you sign. They will ensure that you are able to meet your legal obligations and that you completely understand the terms.

Cooling off period

Your contract will have a 5 business day statutory cooling off period, unless you have signed a form to waive this.  A termination penalty of 0.25% of the purchase price applies if you terminate the contract within this period.

It is recommended the buyer obtain independent legal advice about the contract and his or her cooling off rights, prior to signing the Contract.

Advice and Special Conditions

Once we have received a copy of the signed contract, we contact you immediately to ensure you are aware of your legal obligations, the special condition dates* and settlement date. We also provide you with formal written advice.

Throughout the matter we will liaise with you in relation to special conditions, and advise the Seller’s solicitor of your instructions. We will also contact your financier* in relation to your finance approval and make settlement arrangements.

Settlement

Prior to settlement we undertake searches on the property, to ensure there is no money owing for rates or land tax, and no proposals from government departments that affect the land.

We then prepare settlement figures and arrange your financier to attend settlement. As your conveyance, we attend settlement on your behalf and notify you of completion.

We will notify the agent that settlement has been effected and direct them to release the keys to you. Following settlement, we provide you with formal accounting in relation to purchase monies and fees.

Buying or selling property on the Gold Coast or Northern NSW? Ensure a smooth process with professional Qld Conveyancing Solicitors, Attwood Marshall.


With four offices conveniently located at Kingscliff | Coolangatta | Robina | Brisbane, you can also visit an office near you or call us on 1800 621 071 to book your FREE, no obligation consultation today!

Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland

Qld Conveyancing Solicitors, Residential Conveyancing, Buying & Selling Property