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What is a discharge of mortgage?

A discharge of mortgage is a document that your mortgagee will bring to settlement with the original certificate of title to handover to the buyer’s conveyancers at settlement. It will allow the buyer to register their interest over the property after your mortgage has been removed from the title. To notify your bank that you […]

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What is a section 27 information from your mortgagee?

A section 27 statement by you must be support by the section 27 information statement from your mortgagee. Your buyers will not sign for the release of the section 27 information statement without being provided with supporting information. If they have signed, then their conveyancer may still recommend and actually object to the release prior […]

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What is a section 27 statement to sellers?

A section 27 statement is a method of obtaining your deposit release before settlement. Your real estate agent will generally recommend that you ask for one from your conveyancing lawyer. If you do require access to the buyer’s deposit prior to settlement, then you can request for this document to be prepared for you. If […]

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When do I need to ask my conveyancing lawyer for an extension to the finance date?

A good rule of thumb when you are trying to buy and sell properties is not to rush. Which means that you don’t do things at the last minute because that’s exactly how someone can get themselves in very hot water. It is important to understand that asking for an extension doesn’t guarantee that it […]

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How many days do I need to get my finance approved?

You will generally need at least 14 – 21 days to get your finance approved. This is because it can take a while for banks to pick up your application, for you to gather supporting evidence to support your application and for the bank to process your application. If the bank is reasonably satisfied with […]

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What does conditional on finance mean?

This is a condition in the contract that allows the buyers to walk away from the contract keeping their deposit intact if their finance application is denied by their preferred bank. This condition will only apply if it is specifically included into the contract. Make sure that you speak with your conveyancing lawyer before you […]

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What is a property valuation?

Every property comes with a value in dollar figure at the time when it is valued by a qualified valuer. This dollar value is instrumental in any loan application because the value of the property at the time of the application must at least be enough to secure the borrowed amount. Hence, prior to the […]

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How to transfer title between family members?

If you want to transfer property without a Contract then you can do so by a property transfer. This method will only be binding on the parties when transfer documents are lodged and money is handed over as there is no Contract to bind you, but can be easier for parties who amicably want to […]

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When do I need a Contract Drafted?

If you are a Seller, having a conveyancing lawyer draft your Contract is the best way to make sure that your Buyer does not have any rights to terminate the Contract or claim money against you during the conveyance. There are many circumstances which could result in the Buyer having rights against you. When drafting […]

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The conveyancing lawyer’s duty of care to their clients

All lawyers are obligated to act in their clients’ best interest because they have a duty of care to act with skill, care and diligence when servicing their clients. What this means is that your conveyancing lawyer is required to have the requisite skill which is based off years of experience in the trade. Just […]

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