Conveyancer Gold Coast
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GOLD COAST BUYERS CONVEYANCING
Gold Coast 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
GOLD COAST SELLERS CONVEYANCING
Gold Coast 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
Gold Coast 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
Are there licenced conveyancers in Queensland?
Unlike in some other States, Queensland still requires lawyers to conduct the work of a conveyance in Queensland so you will not find a licenced conveyancer in Queensland.
What are common problems that can occur in my conveyance?
There are a number of problems that can occur in a conveyancing. By hiring a lawyer they will help you to navigate around these problems to give you a smooth experience. Some of the more common problems that can occur are:
- Your bank not being ready for settlement. This will usually be because they need further paperwork and have long processing times for the paperwork once received. It is important that you give your bank what they need when they ask to avoid this.
- The contract needing to be amended. This can be because the details on the contract were not completed correctly when signed. Substantial amendments can even require a new contract to be signed and the old to be terminated altogether. If you want to avoid this, you would be best to retain your lawyer before signing the contract and have your contract reviewed by your lawyer before you sign.
- There are problems in the property before settlement. This usually occurs from the seller moving out and the purchaser noticing issues that they previously did not notice. A seller can avoid this by being careful when they move their items out and by looking through the property themselves for anything concerning before the purchaser does a pre-settlement inspection.
- Your settlement does not happen when expected. This can be for a number of reasons including cheques not being ready at the time of settlement or there is an issue with documents provided at settlement. Purchasers should expect to move in at 5pm on the day of settlement in most cases, even if settlement is meant to occur earlier just in case there are delays. Ideally, a purchaser should organise their move in for a day or two after settlement to be extra safe. Sellers should always make sure they are out before the settlement time however as delays do not always happen.
- Issues may show up on your search results. Depending on the issue you may need to decide if you still want to purchase the property or further work may be required in order for the property to settle. The best way to protect yourself from issues on searches is to order them early on in the matter.
Why would I want a Contract Review?
A review of a Contract by a lawyer or property solicitor will help you to understand your rights and obligations under the Contract and will also provide you with recommendations on how to make the Contract one that is in your favour. Purchasers should obtain a contract review to make sure they have rights to terminate when they want them, that all terms are included in the Contract as they need them and to know what they should do before signing the Contract. Sellers should obtain a Contract Review to make sure they have given the right disclosure to the purchaser, the purchaser has limited rights to terminate the contract and the purchaser cannot require anything unusual from the seller before settlement. If you choose to proceed with signing a Contract without a review it can result in you incurring significant costs in the future or the Contract terminating when you do not want it to. You should protect yourself by having a lawyer review your Contract before you sign.
Should I do a building and pest inspection on a newly built property?
When a builder builds a new property that property will come with the standard Queensland Building and Construction Commission (‘QBCC’) insurance in most cases. This means the workmanship and substantial defects on the property are guaranteed by law for 6 ½ years. To confirm if a new house has QBCC insurance you can instruct your lawyer to conduct a search. While the insurance may make it tempting to not obtain a building and pest inspection, the insurance itself does not necessarily cover matters that would be found on the building and pest inspection report. Also, it is possible for you not to notice defects on the property until after the QBCC insurance period passes. Accordingly, you should consider obtaining a building and pest inspection so you can have a third party assess if there are any issues with the property and make sure you are going to get the property you wanted to purchase.
I have found a problem with my building and pest report. What can I do?
Under the standard terms of the contract you will only have a right to terminate the contract for substantial defects revealed in the report. Substantial defects can include structural issues with the property or live termites in the property. While it is not a term of your contract, commercially you will also have the option of negotiating a price reduction with the seller or asking for the seller to rectify defects you find on the report. If the seller does not want you to terminate the contract they will usually come to the party with these negotiations. It is important to consider the significance of any defects and the cost of rectifying those defects when you negotiate with the seller.
What can prevent me from obtaining finance approval?
There are a number of factors that can impact your application for finance, some of which we set out below:
- Firstly, do you have a big enough deposit for the bank? If you do not have enough of your own money to put into the purchase you may not be able to get finance or you may need mortgage insurance to obtain finance.
- Secondly, is the property valued the same as you are purchasing it as? If the property valuation comes back too low the bank may not provide you with finance approval.
- Thirdly, how are you purchasing the property? Banks view individuals differently from companies and trusts. Each have their own requirements and can impact the likelihood you will get finance approval.
- Lastly, do you meet the banks lending requirements? Each bank will have different criteria on who they can lend to and how much dependant on your income. Make sure you check with your broker early on to make sure you are likely to obtain finance approval.
Should I get my own valuation for the property?
It is always best to get your own valuation for the property so you know what a reasonable price will be to purchase or sell the property. If you do not get your own valuation you may be stabbing in the dark and find your over purchase or under sell the property.
What additional searches do you recommend for the Gold Coast?
Gold Coast properties are subject to what is called Local Law 17. This Local Law places an obligation on lot owners to manage and maintain waterfront structures such as revetment walls, pontoons, jetties or marina berths. Where a property is adjacent to waterfront structures you should conduct a search of the council records to see if those structures are council approved. You should also make sure that the structures themselves are sound and in good condition. Where the property is on a coastline you should also consider obtaining a coastal management search to determine if the area is within the coastal management control district or an erosion prone area. You can obtain this search for free at: https://www.qld.gov.au/environment/coasts-waterways/plans/hazards/about Also, do not forget to check out if the property you are purchasing is currently council approved with a building records search and if the property is flood affected with a flood search.
I am purchasing a Body Corporate property. Can I take my pets with me?
Body Corporates will have different requirements for what pets can live in the property and what you have to do to get approval for those pets. In most cases you will be allowed to have pets but the question then is what kind of pet. Some Body Corporates will restrict large pets or only allow indoor pets. To find out what the Body Corporate allows, you can do a search of the Community Management Statement to get a copy of the Body Corporate Bylaws detailing what they will and will not allow or you can ask the Body Corporate directly. Make sure you have approval for taking a pet to a new property before you settle a Contract. If need be, you can get your Lawyer to provide you with the wording for a special condition to go into the Contract to allow you to make sure you get approval before settlement.
What insurance do I need on a Body Corporate property?
Most Body Corporate properties will include Building and Public Liability Insurance as part of their standard levies. You should make sure you are happy with the amounts insured by the Body Corporate and that it is sufficient coverage for the property you are purchasing. Where you need further insurance coverage, you can ask the Body Corporate to update their coverage or obtain your own supplementary coverage. You should always make sure to obtain contents insurance on the chattels and fixtures included in the property as the Body Corporate in most cases will not include coverage for these items as part of their insurance.
There are tenants in the property and I want them to remain after settlement. What do I need to know?
When you become a landlord there are a few things you should know.
- You will need landlord insurance to cover the property for damage by the tenant.
- Bond is held by the Residential Tenancies Authority and to gain access to it you will need to submit an application to them.
- Someone will need to manage the tenancy during the course of the investment. You should look at using a property manager to assist you with the ins and outs of the tenancy.
- You should make sure the tenancy is financially viable for you by speaking to your financial adviser or accountant.
- Make sure you understand the agreement with the tenant and what you will need to do throughout the investment.
I want to know if the tenants in the property are any good. What do I do?
You should speak to the property manager who is looking after the tenancy to confirm if the tenants are regular rent payers, pay on time, and look after the property. In addition to this you should ask for a copy of the rental ledger to confirm how often the tenant pays as well. You can never be 100% sure the tenant is going to be a good tenant. But by taking these steps you will at least know if they have a history of paying their rent on time.
I am selling a Gold Coast property. What do I need to tell the Purchaser?
When you sell down the Gold Coast in addition to your normal disclosure requirements you will need to include a disclosure in the contract to the purchaser if the property is located on a waterfront. In this disclosure you will have an obligation to disclose if there are revetment walls, training walls, jetties or pontoons situated on, connected to or adjacent to the lot. Further, you will also need to disclose whether or not there is an outstanding notice from council in relation to those structures. Failing to do is an offence under Local Law 17 and may give the Gold Coast council rights against you.
I am selling a Body Corporate property. What do I need to know?
When selling a Body Corporate property you will need to include a disclosure to the purchaser about certain matters in relation to the Body Corporate including interest and contribution schedule entitlements, the details for the secretary of the body corporate, the amount of annual contributions to the Body Corporate, and provide other information to the purchaser about matters that could cost them money after settlement. This disclosure is known as a Section 206 Disclosure Statement and can be prepared by the Body Corporate or a lawyer before you provide the contract to the purchaser. It is important that the disclosure statement is signed and all the information is correct in the statement before it is provided to the purchaser. It also must be provided to the purchaser before or with the Contract. If you fail to provide sufficient disclosure of Body Corporate matters you may give the buyer a right to terminate the Contract.
I am selling a property with a pool. What do I need to know?
All pools in Queensland should have a current pool safety certificate. When you sell the property if you do not have a current pool safety certificate then you have a few options:
- You can insert a special condition in the contract saying you will obtain the pool safety certificate at your cost before settlement as well as give the purchaser a ‘Notice of No Pool Safety Certificate’.
- You can give the purchaser a ‘Notice of No Pool Safety Certificate’ with the contract which may then give the purchaser a right to conduct a pool safety inspection and if they themselves are unable to obtain the pool safety certificate by the pool safety inspection date the purchaser will have a right to terminate the contract and receive their deposit back.
- You can insert a special condition in the Contract requiring the purchaser to obtain a pool safety certificate themselves after settlement and provide them with a ‘Notice of No Pool Safety Certificate’.
Do I need a Family Court Order if I am separating from my partner before we sell?
If you are separating from your partner it is not a requirement to have a Family Court Order or Binding Financial Agreement before you sell. It is however highly recommended that you obtain one of these documents when you are separating from your partner so any decisions regarding the separation are legally binding on both parties. Your lawyer should take instructions separately from both parties when you are separating so you will need to make sure you both know how you want the funds disbursed and are able to agree on all matters in relation to the sale.
What happens if I am an owner builder and have not given correct disclosure to the purchaser?
If you are an owner builder you will need to give disclosure to a purchaser about works on the property before they sign the Contract. Where this is not done, you will personally be giving the purchaser an implied warranty on the works if any defective workmanship appears.
Can I purchase property in Queensland as a foreign person?
Yes you can purchase property in Queensland as a foreign person however there are a couple of things you should know first.
- You will need to obtain Foreign Investments Review Board approval before settlement for your purchase. Ideally you should start applying for this approval before you sign the Contract or make your Contract subject to you receiving the approval.
- You will have to pay Additional Foreign Acquirer Duty (‘AFAD’) on top of your transfer duty. As of 1 July 2018 the AFAD amount is 7% of the purchase price.
- You will need to complete an Identity Annexure for your stamp duty.
- You will need to provide sufficient identification and visa details (where applicable) to your lawyer.
Can I purchase as an undisclosed Trust in Queensland?
Yes you can purchase as an undisclosed Trust in Queensland. When doing this the Trustee will hold the property in their personal name and the title will not reflect the Trust at all. Before deciding if you want to purchase as an undisclosed Trust, you should speak to your financial advisor or account to confirm the taxation implications of this.
Is it best to use the same Lawyer for a purchase and sale that needs to settle on the same day?
It is almost always better to use the same Lawyer for a purchase and sale that needs to settle on the same day. They can advise you regarding both matters, deal with issues more efficiently and make sure you are best protected from a wholistic perspective. If you choose not to use the same Lawyer there can be delays in resolving issues which can result in the settlement itself being delayed.
I am purchasing off-the-plan and do not want to adjust land tax at settlement. What are my options?
Many off-the-plan developers will include a clause in their contracts requiring land tax to be adjusted at settlement. This adjustment amount can be in the hundreds, or sometimes even in the thousands, of dollars at settlement. Under a normal residential contract there is no requirement to adjust for land tax at settlement. Where possible you should request for the condition requiring land tax to be adjusted to be removed entirely from the contract and for it to be replaced with a clause requiring the seller to pay all land tax at settlement. A best lawyer can help you with negotiating this change and providing the new condition wording. Where the developer still requires land tax to be adjusted, you should see if they will instead cap the amount you need to pay at settlement and include this in the contract. Most developers will agree to a cap of a couple of hundred dollars if requested.
What is ‘Capital Gains Tax’?
Capital Gains Tax (‘CGT’) is a tax on profit made by selling certain types of assets. Real property is considered an asset that CGT will apply to and the Australian Taxation Office (‘ATO’) even requires the CGT amount to be withhold at settlement if you are a foreign person. Where the market value of a property is $750,000.00 or more the seller will need to provide a clearance certificate from the ATO to avoid the CGT amount from being withheld.
When should I do a heritage search?
Heritage searches help to determine if the property or land is part of a World Heritage or Cultural Heritage listing. Where a property is heritage listed there will be certain requirements in relation to how the land may be used or changed which can affect your use and enjoyment of the property. If the building on the property was built in the early 20th century or earlier, or if it’s on a particularly picturesque lot, then you should consider obtaining a heritage search.
You can do a paid search of the heritage register to confirm if the property is heritage listed and your lawyer can assist you with this. In addition, there are some free heritage searches you can do including:
World Heritage Listing:
National Heritage Listing:
ATSI Cultural Heritage Register and Database:
When should I conduct a Transport Noise Corridor search?
If your property is close to a Main Road, Rail or Airport you should undertake a Transport Noise Corridor search in order to determine if the property will have requirements or be substantially impacted by the transport noise. Where the property has noise requirements, it can affect how you use and enjoy your property.
Do I have a right to the view from my property?
There is no legal right for you to have the view from your property protected unless the adjoining owners enter into an agreement with you to not interfere with your view. If a view is very important to you, you should check with the agent as to whether an agreement can be reached with neighbouring lots to protect your view. If not, you will not be able to prevent your neighbours from obstructing your view from the property in the future.
Why LEAD Conveyancing Gold Coast?
It’s really exciting when you’re about to buy your first house, right? Of course! It’s every person’s biggest investment in life.
The seller just accepted your offer for the property… The real estate agent hands you over a copy of the contract… And all you have to do is put your signature on it.
But wait, before your excitement makes you say yes to everything and before you ink your name on that document, take caution. It’s not really a walk in the park as you may have imagined it to be. The most important thing to do is to find someone who will do your conveyancing. But that’s just one among the things on your checklist. Here’s the full list:
- Organise a building and pest inspection.
- Get someone to do your conveyancing.
- Will you do it yourself?
- Should you get a conveyancer?
- Or should you get a solicitor?
Securing a building and pest inspection report is pretty easy, and in most cases, the result of this may still sway your decision as to whether or not you’ll seal the deal on your purchase. Your conveyancer or solicitor will and should explain this to you anyway. In fact, your solicitor should be able to give you a bird’s eye view of what to expect. And although this is technically a long and demanding process requiring attention to detail, they should be able to make it easy peasy.
LEAD Conveyancing Logan is exactly that. Our team of well-seasoned property lawyers will make sure that transferring the title of the property to your name will be hassle-free, just as every buyer wants it to be. More information in the next topics.
Our Gold Coast Conveyancing Services
Perhaps you may ask – so what do I get from LEAD’s services?
As previously described, the process of transferring the ownership of the property title to your name can be long and messy. A lot of paperwork will be involved such as your rates notice, proof of identity, and the list goes on. That is why buyers and sellers really take time on deciding who their conveyancer or lawyer should be. They research a lot, especially on reviews and client testimonials. Some may decide to go with someone recommended by a friend or by the real estate agent. Ideally, you’ll want to make sure that you are getting someone who will take the burden off your shoulders, but at the same time secure your important documents. This is most likely the reason why some still prefer getting a local solicitor because they get to see them face to face.
LEAD Conveyancing Gold Coast understands the value of this reasoning. At the same time, however, we also see the ease in what technology has to offer nowadays. Our business model has evolved and embraced a purely virtual way of doing conveyancing. We get everything done all by phone and email. It makes everything easier, faster, and more efficient. We have also managed to retain excellent customer experience through transparency and constant communication. This way, we ensure customer satisfaction because we still managed to keep that warm service people are looking for in a face to face setting.
How we provide Cheap Conveyancing in Gold Coast
“I don’t want a solicitor. I’ll go for a conveyancer. Solicitors are too expensive!”.
That may be true in the olden days. Not anymore!
Getting quality solicitor nowadays CAN already be affordable. This is another benefit we get from adapting to modern technology. We are able to minimise costs and provide our services for a much more competitive price.
- Paper copies and documents? Gone.
- Transportation costs? Gone.
- Excess time wasted due to face to face appointments? Gone.
With technology, cheap conveyancing is now at your fingertips! Signatures from either side can now be quickly requested and obtained, constant updates are still provided, clarity is still maintained, communication with all parties involved are just a dial or email away, our lawyers are more efficient, and we can assist multiple clients better!
The best part – we are able to give out our services for a fixed fee. That’s right! Doesn’t matter if the settlement time frame is 30, 45, or 60 days. Doesn’t matter how many questions you have that require answers. Doesn’t matter how long we discuss on the phone. It’s still the same fixed, flat fee for our assistance.
Why do you need Conveyancing Solicitors in Gold Coast?
Next point – DIY or conveyancer or solicitor.
If this is your first property purchase, it’s better you don’t do it yourself. Even non-first timers don’t often opt to do it themselves. To put it in numbers, based on my experience, I’d say only one out of 50 property buyers or sellers have said they will do it on their own. The process will require knowledge about the steps, the documents, the government organisations to communicate with, and it will also require the dedication of your time. With the first one eliminated, now, we’re left with two options – conveyancer or solicitor.
To put it simply and just to illustrate as an example, it’s like deciding between a poorly copied fitness watch and an original Garmin Fenix 3 HR. The former looks like the latter and it does the job by telling time (and probably a little bit more) but not the same as the original. It can also be bought at a very cheap price. The other does more by giving you accurate data about your number of steps for the day, the stairs you’ve climbed, your heart rate, calories burned, and more. It’s cheaper price vs quality & security.
About Gold Coast City
The Gold Coast is a city just 66 kilometres south of Queensland’s capital, Brisbane. As for trivia, the Gold Coast was formerly known as the South Coast because it is south of Brisbane. Over-inflated prices from the 1950s, however, for real estate and other goods and services made the South Coast earn the name Gold Coast. This nickname was initially considered derogatory.
The Gold Coast is the 6th largest city in Australia and is also the largest non-capital city. This place is a major tourist destination having a sunny, subtropical climate. It is popular and well known for its world-class surfing beaches, theme parks, leisure centres, skyscrapers, nightlife, and rainforest hinterland.
Buying a Property in Gold Coast
Being one of Australia’s premier holiday destinations attracting Australian families for many decades, Gold Coast has been a desired place for buying a property. A famous spot for vacation, buying an investment property is a brilliant move.
Both lively and peaceful places are available for each type of tourist. You’ll find an Aussie version of Miami Beach, a stretch of skyscrapers, designer shops, and lively entertainment that add to all the exciting things around. Beyond this busy holiday hotspot, you’ll find a list of peaceful escapes. A subtle walk along the golden beaches and soft sand, wildlife parks, green valleys, and rainforests. Here is a list of top attractions on the Gold Coast.
- Surfers Paradise Beach – this is a 3-kilometre sand stretch with skyscrapers behind it making it an attractive scene for beachgoers of all ages. Kids can build sandcastles in the shallows or splash around the soft white sand. Surfers enjoy the waves and there are nearby cafes and restaurants in case you get tired or want a break from the sun. The Surfers Paradise Beachfront Markets, on the other hand, offer a dream place for bargain hunters. It’s open every Wednesday, Friday, and Sunday nights with more than a hundred stalls selling anything from photographs, fashion, souvenirs, and art to jewellery.
- Skypoint at Surfers Paradise – this is Australia’s tallest residential tower where you can see the entire Gold Coast. You can choose between viewing from the Skypoint Observation Deck and Skypoint Climb. The former offers a 360-degree panoramic view on level 77 while the latter is a pricier option and is more for thrill-seekers.
- Currumbin Wildlife Sanctuary – a well-known wildlife park which is owned by the National Trust of Queensland, this place is heaven for bird lovers. You can also see kangaroos, koalas, and crocodiles.
- Coolangatta Beach – compared to the tourist-packed Surfers Paradise, this one provides a much more peaceful option with just 30-minute drive north. The water here is typically calmer and better for swimming. Lifeguards patrol all year round and parents feel safe bringing their children to play and splash along the shore.
- Sea World – this is the largest marine park in Australia. Shows here include performing dolphins, sea lions, polar bears, penguins, and jet ski stunts.
- Burleigh Heads Beach – this white sand beach sits about halfway between Surfers Paradise and Coolangatta. Swimming and surfing are also the two things you can best do here.
- Dreamworld – this is one of Gold Coast’s favourite theme parks. It has roller coasters, movie characters, and live shows. You can also experience crocodiles, kangaroos, and dingos.
- South Stradbroke Island – this is a 21-kilometre long island that is less developed and uncrowded. You’ll find wallabies, sugar-gliders, bandicoots, blue-tongue lizards, snakes, and other resident wildlife.
- Warner Bros Movie World – this theme park offers stunt shows, 3D interactive rides, roller coasters, and kids can come face to face with superheroes.
- Lamington National Park – This park is an hour drive from Surfers Paradise and is known for its attractive rainforest, waterfalls, and eccentric wildlife. It has 190 species of birds so bird lovers will surely enjoy this attraction.
- Springbrook National Park – this attraction offers a tranquil escape with its rainforests and waterfalls. Picnic areas and rivers can also be enjoyed here.
- Cavill Avenue at Surfers Paradise – this is Surfers Paradise’s shopping and entertainment go-to. The place is filled with eateries, restaurants, boutiques, entertainment venues.
Property Selling in Gold Coast
“If the Gold Coast is such a nice place to stay and many people are flocking, when is the best time to sell property, then?”
Late summer is the best time to sell your Gold Coast property. Imagine yourself on a beachside holiday and daydreaming about not ever going back home. That’s right! When you’ve spent so much fun in a place and you’ve enjoyed the best time of your life, in most cases, you consider getting a property there and settling down. It’s in the warmer months when the shops of real estate agents across the Coast are visited by families pausing to check out prices in the area.
Table of Contents
- Conveyancer Gold Coast
- GET FREE QUOTE
- GOLD COAST BUYERS CONVEYANCING
- GOLD COAST SELLERS CONVEYANCING
- SIMULTANEOUS SETTLEMENTS
- Frequently Asked Questions
- Why LEAD Conveyancing Gold Coast?
- Our Gold Coast Conveyancing Services
- How we provide Cheap Conveyancing in Gold Coast
- Why do you need Conveyancing Solicitors in Gold Coast
- About Gold Coast City
- Buying a Property in Gold Coast
- Property Selling in Gold Coast