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CAIRNS BUYERS CONVEYANCING
Cairns Conveyancing Lawyer
What you need to do
- Send us a copy of the contract & when you’ll make an offer
- Tell us when you’d like to settle on the property
- We’ll achieve a satisfactory outcome for you
CAIRNS SELLERS CONVEYANCING
Cairns Property Lawyer
What you need to do
- Send us a copy of the contract or instruct us to draft it
- Tell us more about the property you’re selling
- We’ll achieve an on-time settlement for you
Cairns Conveyancing Solicitor
What you need to do
- Let us know what you are proposing to do;
- We will tailor the purchase and sale contracts to fit your particular requirements and timeline; and
- We will provide you with a seamless transition from home to home.
Frequently Asked Questions
Will I be informed if my quote price changes?
Where unusual things happen during your conveyance then your lawyer should advise you of any changes to your quote that may apply before you are billed them. It is important that you read the quote carefully to see what changes are already disclosed to you as well such as rates and water searches for different councils or settlement fees.
What are the costs for a paper settlement?
A paper settlement requires your lawyer to organise for a settlement agent to attend settlement on your behalf. There will also be the costs of drawing bank cheques and posting documents. Quite often these expenses will be greater than settling by an electronic settlement platform.
I am selling my property for the first time, what do I need to know?
When you are selling you will need to understand:
- How much deposit you can ask for from the buyer;
- What terms you should allow the buyer to put in the contract;
- What you need to disclose to the buyer before they sign;
- When you can charge the buyer for extensions or other changes to the contract;
- How to make sure settlement adjustments are correct;
- How to organise the discharge of the mortgage at settlement; and
- What happens at settlement.
I am selling a waterfront property. What do I need to tell the Purchaser?
In most cases you do not need to disclose anything in relation to a waterfront property to a purchaser. There are some councils that have specific laws requiring you to give disclosure to the purchaser when there are structures connected to a property that is on or near water. In most cases you will only need to disclose to the purchaser any structure that is required to be transferred with the property when it is sold. For example if the property is associated with a Marina Berth or Pontoon you will need to disclose to the purchaser that those rights need to transfer also.
When does a seller need to give a purchaser access to the property?
Under most contracts the seller will need to give the purchaser access to the property to:
- Conduct a survey of the property
- Conduct their building and pest inspections
- Conduct a valuation of the property
- Conduct a pre-settlement inspection.
When do I advise my bank that I am selling my property?
You should advise your bank that you are selling your property when you have a signed copy of the contract. Banks can take 14-28 days to be ready for settlement when you are discharging a mortgage.
If I pass away, does the property I own transfer under my will?
It will depend on how you hold the property and if there are any other owners of the property.
- If you own the property as an individual and you are the sole owner then the property will pass under your will.
- If you own the property as a trust or company then your passing will not change title as the company or trust rules will determine what will happen.
- If you own the property as joint tenants with another person then the property will pass over to the other person on title.
- If you own property as tenants in common with another person then your share of the property will transfer in accordance with your will.
Can an attorney under a Power of Attorney sign documents for my conveyance?
An attorney under a Power of Attorney can sign transfer documents on your behalf and in some instances can complete documents for your solicitor on your behalf. In many cases they will not be able to complete Office of State Revenue forms for you.
What does it mean to waive a condition?
When you waive a condition under the contract it means that you no longer want to use the condition and also have chosen not to exercise your rights under it either. You will not be able to use a waived condition to extend a transfer duty due date. This is different to satisfying a condition where satisfaction requires you to have used your rights under the condition and decided to proceed with the contract irrespective.
What additional searches do you recommend for Cairns?
Cairns is a beautiful city just off the coast of Australia’s Great Barrier Reef. With its incredible cultural heritage you will no doubt want to check if your property is registered on the cultural heritage register. This is a free search that you can do from: https://www.datsip.qld.gov.au/people-communities/aboriginal-torres-strait-islander-cultural-heritage/cultural-heritage-database-register If your property is located on the coast then you should also check if there are any coastal management requirements with a coastal management search. This is a free search you can obtain from: https://www.qld.gov.au/environment/coasts-waterways/plans/hazards/about Where you have low-lying property you should also obtain a flood search. Any property where a house has been built on it you should confirm if it has council approval as well by organising a building records search. Your best conveyancer or lawyer can help you to obtain both of these searches.
Can I pay a deposit by cheque?
Yes, you can pay a deposit by bank cheque on or before the deposit date. Doing so will mean the deposit is paid when you give the bank cheque to the deposit holder.
One of the owners on title has died. What do I do?
You should organise for the deceased owner to be removed from title and either the beneficiaries, co-owner or executors to be recorded on the will as the owner. They can then complete the property transaction on behalf of the deceased owner. Your lawyer can assist you with this process.
When do I get to move into the property?
You can generally move into a property as soon as conveyancing / settlement is affected however you will need to have the keys in most cases to do so. The real estate agent will usually only hand over the keys once settlement is affected. In some cases, you may be able to get early possession of the property in which case you can move into the property before settlement.
When may I be eligible for a Home Concession for transfer duty?
You can claim a home concession for transfer duty where you are moving into a property as your home within 1 year of settlement and you do not rent out the property until after you have lived in a property for over a year.
What do I do if the property area of the property I am purchasing is wrong on the plan?
If the property area you are purchasing is wrong on the plan then you should organise for a surveyor to survey the property for you. This will then give you rights under most contracts to request compensation for the difference in the land area from the seller.
What items are included with the purchase of the property?
Any items that are physically attached to the property are included with the purchase. These are usually items such as stoves, hot water systems, fixed carpets, curtains, blinds and their fittings, clothes lines, fixed satellite dishes and television antennae, and in-ground plants.
What happens if the seller no longer holds legal capacity?
If the seller no longer holds legal capacity then their attorney under an enduring power of attorney or their guardian who has been put in place by a court will need to deal with the sellers property transaction. Usually this will still allow the property to be sold as long as the seller lost capacity after signing the contract or as long as the attorney or guardian consents to complete the transaction.
How do I find out if vegetation requirements affect a property?
You can find out about vegetation requirements on a property by requesting a vegetation report from: https://www.resources.qld.gov.au/qld/environment/land/vegetation/vegetation-map-or-property-report-request-form The local council will also be able to advise you of vegetation requirements for your lot.
What is an encumbrance on a property?
An encumbrance is something that will affect the use and enjoyment of the property. They can take many forms however your most common encumbrances are:
- Easements – these are a right of access through your property usually for sewerage, drainage, telecommunication lines, electricity lines or for vehicles.
- Covenants – these are restrictions on how you are to build and maintain your property. They can be to prevent noise pollution, to provide specific requirements in relation to vegetation on a property or to ensure a property is built similarly to other lots on the street.
Does fraud really occur on property transactions?
Unfortunately, fraud does occur in property transactions especially with cybercrime becoming more prevalent. Thankfully lawyers are required to clearly identify their clients for all transactions and have strict obligations to meet in order to prevent the likelihood of fraud occurring.
I am worried that the property is subject to a neighbourhood dispute. What should I do?
Firstly, you should see if the agent or the seller can provide more information to you. Many disputes may occur without either party taking legal action for a number of reasons. Where the parties have taken legal action, then you can request your property lawyer conduct a search of the courts register and the QCAT register to find out more about the dispute. In cases where the matter has gone to court and the seller has not disclosed this in the contract you may even have a right to terminate the contract.
What is default interest?
Default interest is the interest a buyer is required to pay if they default in payment of the purchase price under the contract. This can be applied as either a term of an extension or as part of your claim if the matter proceeded to court. The default interest rate can be amended on the contract or, if not specifically specified, will be the rate issued by the Queensland Law Society from time to time. You can find the current rate at: https://www.qls.com.au/Knowledge_centre/Practising_resources/Interest_rates
There is a statutory charge on the property. What does that mean for me?
This means that there is unpaid rates or water charges on the property to an extent that the authority has prevented the sale of the property without these charges being paid. Transfers will not be able to be lodged without the charge being removed so the lawyers or the conveyancer will make sure the required amount is paid at settlement to the authorities and the charge is removed.
What does an Unexploded Ordnance search show me?
An unexploded ordnance search will show if there is potential unexploded ordnance contamination on or around the property. You can organise this search for free at: https://defence.gov.au/UXO/Where/Default.asp
What is an unlawful easement?
An unlawful easement is one that is not registered, does not come under a relevant law, and may pass through an area of the property that it is not legally allowed to pass through. Most commonly you will find unlawful easements where vehicles or people are gaining access through the property to another location such as a road and yet no official easement has been drawn up or created.
Why LEAD Conveyancing Cairns?
When finding the right conveyancing firm, you are faced with a lot of options.
Conveyancers, solicitors, companies, freelancers, local firms – they all have something to offer and of course, each of them has its own differences.
So how do you really choose the right service? What are the things that you should look for? And what are the things that you should beware of? We’ll put together a list to help you out in hunting so you can make an educated decision.
Find a conveyancing service with the following:
- Fixed professional fee – nowadays, most firms offer a fixed professional or legal fee. Those that would still charge per hour or per call are going to be too expensive.
- Transparent costs – your quote should lay out all costs involved especially searches. You have to make sure there are no hidden surprises at the end.
- Great communication – you don’t want to be kept in the dark. Constant updates are what you need so you know what’s happening within that 30 or 60 day settlement time frame.
At LEAD, you get all of the above – fixed professional or legal fee, transparent costs, and great communication. Our team was formed with core values and a mission to make sure client expectations and our expectations are aligned and set even before we start a business relationship. We set their expectations and we are upfront with how we provide service and how much it costs.
When that is achieved, clients are satisfied.
Our Cairns Conveyancing Services
Now, let’s continue where we left off. Above, we discussed some points on what you should look for in a conveyancing service.
On the contrary, you should stay away from the following:
Absolute fixed fee – when someone quotes you only one price and they tell you that it’s fixed, IT’S A LIE. The legal fee will always be the ONLY ONE that’s fixed. Searches will always be an estimated price because it’s an external cost coming from the council which they don’t have any control on.
Hidden costs – you have the right to know all types of costs that you will be billed for. Any cost that is related to the service and will appear in your invoice should be declared and laid out in your quote. Each type of search should be enumerated, defined, and labelled with their corresponding prices.
Poor communication – you’ll be able to see this when you check the company’s client reviews. Customers will always exert the extra effort to write a review when they had a great experience. They will also exert even MORE effort to write a review if they had a BAD experience! And do you know what’s common? Most companies or firms will be able to satisfy the 2 points mentioned above. However, only a few will be able to maintain great communication with constant updates. As a client, when you send an email and ask for updates, you expect a reply. When you pick up the phone or dial from your mobile, you expect to talk to your solicitor. If this is not the case and you see a list of unhappy clients talking about this, you better look around for other options.
How we provide Cheap Conveyancing in Cairns
When looking for options on cheap conveyancing companies and you compare the quotes side by side, you’ll find that we have one of the most competitive prices out there.
Take note that this is comparing apples to apples, okay? You can’t compare a conveyancer’s quote to a property lawyer’s quote because they are two different things and a lawyer clearly offers more value than a conveyancer.
So how are we able to provide professional legal services at a very cheap price? It’s all about simplification of process and riding the waves of technology.
LEAD has taken advantage of today’s resources. Technology is here to make our lives simpler and easier so having your business operations adapt to it will help you reduce costs. We also simplified our process by getting only property lawyers and only focusing on conveyancing. This way, we cut costs and in turn lower our rates to make it affordable for everyone.
Why do you need Conveyancing Solicitors in Cairns?
It’s no secret that a solicitor will always be a better choice over a conveyancer. If this is still a question for you, we’ll talk about it in detail here.
So why is getting a solicitor over a conveyancer a wise decision? It’s all about security and peace of mind.
These two work hand in hand. When you have security, you have peace of mind. If you want peace of mind, you should be secured. And you get both from a well-experienced property lawyer. When you decide to go with a conveyancer over a solicitor, it is more often than not, because of the price (which is just around 200-300 dollars). Here’s why you won’t get security and peace of mind from a conveyancer.
When disagreements arise in the transaction and conditions aren’t met, the process gets complicated. A conveyancer won’t be able to protect you legally. They will then recommend you get a lawyer. In the end, you will be spending more than what you should have in the first place and perhaps even way more than you could imagine. Why? Because it costs more money and a premium when you ask a lawyer to take over a messed up job especially when the settlement date is already less than 21 days ahead. Remember, there are dates that have to be met and each missed deadline equals huge penalties. You may save a little now but I bet you don’t want to be always keeping your fingers crossed and hoping nothing complicated will happen while conveyancing is being done.
About Cairns City
Cairns is a city on the east coast of Far North Queensland and is the 5th most populous of the state and 14th in Australia. Founded in 1876, it was named after Sir William Wellington Cairns who was the governor of Queensland from 1875 to 1877. It used to serve miners headed to the Hodgkinson River but was declined when an easier route was found from Port Douglas. It later became a railhead and major port for the export of gold, sugar cane, minerals, and agricultural goods from surrounding coastal areas and the Atherton Tableland. Cairns is also a popular tourist destination due to its tropical climate, tropical rainforest, and one of the seven wonders of the world – the Great Barrier Reef.
Cairns has a tropical monsoon climate. Its wet season with heavy downpours happens from November to May while the dry season runs from June to October with occasional light showers. The wettest town of Australia located in the Cairns region about 60 kilometres south of the city is Babinda. It has recorded an annual rainfall of over 4,200 mm. Summers are hot and humid while winters are warm, and occasional monsoonal activities in the wet season cause serious flooding of the Barron and Mulgrave Rivers which cut off-road and rail access to the city. Similar to most of North and Far North Queensland, Cairns is also susceptible to tropical cyclones that form between November and May. Cyclones that have been noted to affect the Cairns region are Cyclone Justin in 1997, Cyclone Rona in 1999, Cyclone Steve in 2000, Cyclone Abigail in 2001, Cyclone Larry in 2006, and Cyclone Yasi in 2011.
Buying a Property in Cairns
When buying a property in Cairns, you would want to consider things like amenities, attraction, tourism, transport, and the economy. Cairns is the major commercial centre for the Cape York Peninsula Regions and the Far North Queensland. It serves as a regional base for various government departments. Tourism also plays a major role in the Cairns economy. In fact, the Cairns region is the 4th most popular in Australia as a destination for international tourists after Toowoomba, Sydney, Brisbane, and Melbourne, according to Tourism Australia. A growing interest from the Chinese leisure market is also significant with regularly scheduled flights from cities in China such as Guangzhou and Shanghai. In 2013 alone, Cairns had 20,000 Chinese holidaymakers who flew in on chartered flights. With the city being near the Wet Tropics of Queensland, the Atherton Tableland, and the Great Barrier Reef, Cairns became popular with its tour operators.
Several sizes of various shopping centres can also be found throughout Cairns. The two largest are Cairns Central shopping centre which is in the central business district, and Stockland Cairns which belongs to the Earlville suburb. In Westcourt, one of Cairns’ oldest shopping centres has been remodelled to be the city’s first Direct Factory Outlet or DFO. This is a group of discount shopping centres in Australia. They are normally huge-floor warehouse buildings with partitioned stores where retail outlets sell overproduction or previous seasons’ stocks at lowered prices. Shopping centres were also built at Mount Sheridan, Smithfield, Redlynch, and Clifton Beach to service the needs of suburbs that are far from the city centre. As for the industry, the land around Cairns is still being used for farming sugar cane. The Mulgrave Sugar Mill can be found in Gordonvale while the Barron Gorge Hydroelectric Power Station is situated on the lower Barron River. These lands, however, are increasingly under pressure from new suburbs with the city’s growth.
Property Selling in Cairns
Recently, the Cairns economy is stumbling from the effects of the worldwide pandemic. Tourism arrivals have been decimated, the unemployment rate continually rising, and some indicators down in the range of 20-30%. The Cairns property market, however, continues to function but at lower volumes of sales but property prices are somehow generally holding at this stage.
The lack of buyer urgency and increased vendor uncertainty has resulted in significant reductions in both supply and demand. Over the two months since February of 2020, unit sales are down 27.5%, house sales are down 28.6%, and vacant land sales are down 22.5%. Over the two months, the overall market reduction is estimated at 27.8%. Cairns has also experienced a rise in rental vacancy levels in the past two months, specifically for units. For April 2020, the trend rental vacancy rates stand at 3.3% for units, 2.0% for houses, and 2.5% for the overall market. It is the financially stressed tenants and landlords in the ongoing economic situation that has disrupted Cairns’ rental market. There is, however, an increase in rental supply availability due to Airbnb properties crossing over from holiday lettings to permanent rentals. Demand has also diminished as a result of the economic depression with young people leaving rental accommodation and moving back to their parents’ homes.
Table of Contents
- Conveyancer Cairns
- GET FREE QUOTE
- CAIRNS BUYERS CONVEYANCING
- CAIRNS SELLERS CONVEYANCING
- SIMULTANEOUS SETTLEMENTS
- Frequently Asked Questions
- Why LEAD Conveyancing Cairns?
- Our Cairns Conveyancing Services
- How we provide Cheap Conveyancing in Cairns
- Why do you need Conveyancing Solicitors in Cairns
- About Cairns City
- Buying a Property in Cairns
- Property Selling in Cairns