Conveyancing Sunshine Coast From $499 inc GST

• Are there problems that can affect the conveyancing quote price?
  Different firms have different inclusions and exclusions in the work included in their quote. You should always review the client costs agreement or client costs disclosure provided with your quote to see what has been included or excluded.
  Almost always unusual conveyancing work will be excluded from your quote including substantial amendments to the contract, transferring licences or external agreements, or non-standard investigations/searches of the property.
  You may also find the settlement fees, fees for extensions, fees for verifying your identity and fees for early possession may not be included as part of your conveyancing quote even though these happen more often. If you are unsure what applies ask for specifics when you get a quote. You will find the cheaper the quote the less has been included.
• If I am buying and selling, can I settle on different days?
  Yes, you can settle on different days however if you are planning to move into the property this will also mean you will need alternative arrangements for your accommodation between the settlement of both properties. Where the properties are settling on different days the sale should, where possible, settle first. Otherwise, you will need to organise a short-term loan with a financier to settle the purchase before the sale. Sometimes you may be able to get early possession of the property you are purchasing before it settles which may help you to settle both properties on different days.
• What items are not included with the purchase of the property?
  Any item that is not physically attached to the property will not be included with the purchase of the property unless the contract specifically states otherwise. These items are called ‘chattels' and will usually be personal items like furniture, paintings and utensils.
  Any item that is physically attached to the property will be included with the property unless the contract states otherwise. These are called ‘fixtures' and will usually be screwed into the property or otherwise permanently affixed to the property including curtains, light fittings and solar panels.
• What items are not included with the purchase of the property?
  There are two types of fraud that can affect a property transaction. Firstly, there is the more traditional form of fraud from someone who knows you pretends to be you to sell your property. Secondly, there is cyber fraud which is becoming much more prevalent given the amount of information that gets transferred now through the internet.
  Some of the best ways to prevent any form of fraud is to do the following:

  1. Always confirm any bank details provided by your law firm over the phone, especially if they have changed since a previous email.
  2. Ask your law firm what they require to identify your identity during the transaction. The more stringent the requirements, the better protected you will be.
  3. If you become aware that someone is pretending to be you, then notify the relevant parties (e.g. banks, solicitors, real estate agents) and if you are selling organise for a caveat to be lodged on your property. You should also report the fraud to the Australian Cyber Security Centre.
  4. Consider obtaining title insurance to protect you from fraud during your ownership of the property.
  5. Do not publish personal information on the internet that would be needed to apply for bank loans on your behalf or identify yourself to your bank (e.g. Dates of birth, address, etc). Also do not give anyone certified copies of your identity documents unless it's for a legitimate reason.

  Where you become aware of fraud against your name it is best to take action early to prevent messy and elongated legal action later.

• When I am selling what do I need to disclose to the Purchaser?
  When you sell a property in Queensland you are required to give certain information to the purchaser. While disclosure obligations in Queensland are not as stringent as in some other States, there is still a level of disclosure you must give a purchaser before they sign the contract otherwise the purchaser may have rights to terminate the contract or claim compensation from you.
  The most common forms of disclosure for a seller involve the following:

  1. If the property is part of a Body Corporate then you will need to provide appropriate disclosure under the Body Corporate and Community Management Act 1997. Usually the Body Corporate manager can provide you with this.
  2. If there is a pool on the property you will need to disclose if it has a pool safety certificate or provide a ‘Notice of No Pool Safety Certificate' to the purchaser.
  3. If there are disputes in relation to trees or fencing on the property with adjoining owners you will need to disclose these disputes in the contract to the purchaser.
  4. You will need to disclose if there are current and complaint electrical safety switches and smoke alarms installed in the property.
  5. You will need to disclose if the transaction is subject to GST. Your financial adviser or accountant can assist you with this disclosure.
  6. You will need to disclose any encumbrances that impact the property that you are aware of or are registered on title. These can be easements (rights of access through the property), covenants (requirements on how the property can be built or maintained) or any other matters that impact the title of the property.
  7. If there has been any change to the lot size or encroachment onto the lot from an adjoining lot then you will need to disclose this to the purchaser.
  8. If there are tenants living in the property, then you will need to disclose the details of the tenancy if they are remaining after settlement.

  Some of the more unusual forms of disclosure that may be required are as follows:

  1. You will need to disclose if the property is heritage listed.
  2. You will need to disclose if the property is subject to any mining tenures.
  3. You will need to disclose if you have completed any work on the property as an owner builder.
  4. You will need to disclose if there are any unsatisfied court judgements, orders or writs that affect the property, including any threats of court action.
  5. You will need to disclose if the land being sold is contaminated.
  6. You will need to disclose if there is any intention of a government body to resume any or all of the property.
  7. You will need to disclose if there are any unlawful paths of access through or to the property, or any unlawful service access to the property.
  8. You will need to disclose if there are any outstanding development conditions on the property.
  9. You will need to disclose if council have issued you a notice to complete works on any part of the property.
  10. You will need to disclose if there are any licence agreements or allocations that affect the property.
  11. You will need to disclose if there are any other agreements that affect the property (for example Defence Housing Australia agreements or National Rental Affordability Scheme agreements).
  12. You will need to disclose if you have any plans to change the property before settlement (e.g. you plan to complete building work or to add new tenants to the property).
  13. You will need to disclose if you plan to subdivide the property.

  It is important that you speak to your property lawyer before you sell a property to make sure you are satisfying your disclosure obligations to save you problems after the contract is signed.

• My property has a Jetty, Pontoon or Marina Berth attached. Does this need to be included in the Contract?
  Yes, you will need to disclose the jetty, pontoon or marina berth attached to the property if those structures form part of a separate agreement that needs to also be transferred at settlement. Some councils will also have additional requirements to disclose all waterfront structures to a purchaser before settlement regardless of whether a separate transfer is required. You should speak to your lawyer on how best to include this disclosure in your contract.
• The purchaser wants a price reduction under the building and pest condition. Do I need to grant this to them?
  Standard contracts in Queensland do not require you to provide a purchaser with a price reduction under the building and pest condition. Technically the only right the purchaser would have would be to terminate the contract if the purchaser is not happy with substantial issues in the building and pest inspection report. However, in many cases you may not want the purchaser to terminate and entering into a price reduction negotiation may be a better result to save you losing the contract.
• I am an owner builder. What do I need to disclose to the purchaser?
  Before the purchaser signs the contract you will need to disclose the details of the work done on the building as an owner builder. This notice will need to be given in a specific form that complies with the Queensland Building and Construction Commission Act 1991. You should seek advice from your lawyer before signing a contract where you have completed work as an owner builder.
• Is a Contract Review worth it?
  Whether you are buying or selling property a contract review is invaluable to make sure the contract gives you the rights and obligations you want and limits the rights of the other party against you.
  Purchasers should get a contract review so they can understand what they are signing, what investigations they may want to undertake and how the contract should be amended to provide the purchaser with the conditions they need to conduct those investigations.
  Sellers should get a contract review so they can make sure all the required contract disclosure has been included, they understand what the clauses the purchasers want will mean for them and so they can understand the best ways to renegotiate the contract where required.
• Is the seller required to clean the property before settlement?
  The seller is only required to provide the property at settlement in the same or similar condition as the property was at on the Contract date after their personal items have been removed. This means the seller does not need to clean the property unless it is just to bring the property back to the standard it was at the contract date.
  If you want the seller to do a thorough clean of the property before settlement then you should have a special condition inserted into the contract requiring the seller to clean the property for you. You should speak to a lawyer before you sign the contract to obtain the wording of the special condition for the seller to clean the property before settlement.
• How do I make sure I can use the property for the purpose I am purchasing for?
  There are a number of different investigations you can undertake to make sure the property can be used for the purpose you are purchasing for.

  1. Firstly, you should make sure the property is zoned correctly so you can build or renovate the property as you want. You can check this with a town planning search.
  2. Next, you should make sure there are no drainage, sewerage, power or telecommunications lines under the property where you are planning to do work. You can do this by doing a number of different searches and checking the ‘Dial before you dig' service.
  3. You should also check if there are any covenants or easements on the property that may prevent how you can use or change the property. This can be done by conducting searches of the dealings, making enquiries with council and confirming information with the seller.
  4. Depth restrictions in mining areas can impact how deep you can dig under the property and you may want to conduct a mining search to check this also.
  5. Lastly, if you want to renovate or construct a property you should check to see if you can get council approval for the change to the property.

  If you want to undertake these investigations, you should make sure a special condition is added to the contract to give you rights after you sign. Your lawyer can assist you with the wording of this condition. You should also consider if there are other searches or factors that can help you decide if the property can be used for your particular purpose.

• Are there additional searches I should do on a Body Corporate property?
  Most firms will only conduct the Body Corporate Information Certificate search when you purchase Body Corporate property. There are a number of other searches you may want to consider however.

  • Body Corporate Records Search – This search can be invaluable and will provide you with the records of the Body Corporate for the last 5 years including levy information, Body Corporate meeting minutes and court orders against the Body Corporate. If you want to know if there are problems in the Body Corporate or the people in the Body Corporate then a Body Corporate Records Search will help you find this information.
  • Body Corporate Orders from Body Corporate Commissioner – This search will tell you if there have been any orders made against the Body Corporate and may reveal if work needs to be done or money spent in relation to common property.
  • Community Management Statement – This search provides a copy of the Community Management Statement that governs the rules, obligations and interests of the Body Corporate. It is a good search to undertake to understand the Body Corporate bylaws, confirm your exclusive use rights, and understand your contribution and interest entitlements.
  • Building Management Statement – This search will provide you with the agreement between two or more lot owners that has been registered on title. This agreement will usually give reciprocal rights for utility services, access, support, shelter and insurance arrangements. Generally additional costs will be required to be paid when there is a Building Management Statement on title.
  • Title search of the Common Property – This search is useful for seeing what is on the title to the common property that may not be included on your lot. Commonly encumbrances are registered on the common property for rights of access or restrictions on how the property may be used or changed.
  • Certificate of classification – This search will detail the buildings classification and can be useful for determining if the property can be lived in permanently or is used for another purpose (e.g. holiday letting).
• There are tenants in the property and I want them removed before settlement. What do I need to know?
  If the tenancy expires before settlement then the seller must make sure the tenants have vacated before settlement. Where the tenancy does not expire you will need to have a special condition inserted into the contract requiring the seller to have the tenant vacate before settlement. These special conditions can be drawn up in a number of ways and you should speak to your lawyer about how to word this condition depending on your own particular circumstances.
• Should I do a pre-settlement inspection on a property I will be renting?
  Once settlement occurs the property will be your own responsibility regardless of the condition the property is in. While you may think you do not need to do a pre-settlement inspection for a property you are renting, if there is any damage or issues with the property you do not find before settlement you will need to deal with them after. It is recommended that you organise a pre-settlement inspection for any property you are purchasing even if you are not intending to live in it yourself to prevent you incurring otherwise unforeseen costs.
• What additional searches do you recommend for the Sunshine Coast?
  The Sunshine Coast is a growing commercial and residential hub near some amazing beaches. With a combination of growing suburbs and rural residential properties, there are a couple of searches you may want to consider obtaining.
  Firstly, if the property has previously been used for farming purposes you should organise a contaminated land search. This search helps to determine if the property is part of a contaminated land register and what obligations you will have because of this. Land can be contaminated by the use of certain chemicals on the land, or the drenching of animals. If you are ever unsure it is always best to check.
  Next, if the property is a coastal property you should take advantage of the free coastal management search which can be found at: https://www.qld.gov.au/environment/coasts-waterways/plans/hazards/about. This search will give you information on coastal management control or erosion prone areas.
  Conservation of animals is one of the pinnacle features of the Sunshine Coast making an Environment Protection and Biodiversity Conservation Act search an invaluable free search you may also want to consider. You can access this search from: https://www.environment.gov.au/epbc/protected-matters-search-tool
  Lastly, always check to see if low-lying property is likely to flood with a flood search and whether the house on the property is council approved with a building records search.
• I am worried that the property I am purchasing has had a murder in it. What can I do?
  It is not as easy as doing a search to find out if someone has died in a property before. The best place to start is to ask the Real Estate Agent if they know any information about a crime in the property. You can also do an online search of your house address or look up old newspaper articles about the property in the local newspaper.
  There are no clear rights for you to terminate a contract if someone was previously murdered in it. If you are concerned about wanting to purchase a property because of this and the impact it would have to your use and enjoyment of the property, then you should have a special condition inserted into the contract to give you rights if you find out someone was murdered before settlement. Otherwise, you would need to rely on your cooling off period to terminate for a previous murder. A lawyer can help you to draft a special condition if you are concerned someone has been murdered in the property previously.
• Can I purchase residential property as a company?
  Yes, you can purchase residential property as a company. Before doing so you should speak to your financial advisor or accountant about the taxation implications of purchasing residential property as a company.
• When purchasing in Queensland as a Trust, is the Trust registered on Title?
  When you purchase a property as a trust in Queensland then the trust itself will be registered against the title and your trustees will hold the title in their names as trustee of the trust. You should speak to your financial adviser or accountant to see if registering your trust on title is financially viable.
• What is an unconditional finance approval?
  When you apply for finance your financier will issue you with approval for finance if you meet the banks criteria for lending. An unconditional finance approval is one where the bank will lend you money without anything else needing to be done other than you signing loan documents and settlement happening. Some approvals will be conditional and where they are conditional you should carefully consider if the conditions are easily satisfied and what the impact to you will be.
• What is a ‘short fall' account?
  When you are obtaining finance for settlement the bank may offer a shortfall account for you to deposit funds into if you need to provide your own funds at settlement. If a shortfall account is available, you should ask your bank if they can set it up for you. Where no shortfall account is available you will instead need to use your lawyers trust account for settlement.
• What is the ‘Foreign Resident Capital Gains Tax Withholding Regime'?
  The Foreign Resident Capital Gains Tax Withholding Regime is a requirement by the Australian Taxation Office (‘ATO') for properties of a market value of $750,000 or over which has been established to make sure sellers pay Capital Gains Tax. The requirement is for all sellers who sell property of a market value of $750,000 or more to obtain a clearance certificate from the ATO or to have 12.5% of the purchase price paid to the ATO at settlement. Australian Citizens or Residents should be able to obtain a clearance certificate when selling a property in Queensland, however foreign residents will likely need to have the 12.5% paid to the ATO at settlement.
• How do I find if a covenant affects a property?
  There are several types of covenants that can affect the property. Firstly, there are covenants that are registered on title which you can easily find by conducting a title search. Secondly, there are legislative covenants which you can find by calling the local council and asking them what requirements they apply to the property. Lastly, there are contractual covenants which are to be disclosed in the contract or otherwise agreed to in order for you to be bound by them.
• What does a heritage listing mean on the property?
  A heritage listing will restrict you from changing all or part of the property in any way in order to protect the cultural or historical significance of the property. This can prevent you from using the property as you intended so it is important that you check if a property is heritage listed before you buy a property.
• When is an ASIC Search required?
  Your property solicitor will conduct an ASIC search when a purchaser or seller is a company. The reason for this is to identify their client (as required) and make sure the other party has the ability to complete your property transaction. It will also show if any company charges apply to a property being sold by a company.
• When do I need to undertake a QBCC search?
  The Queensland Building and Construction Commission (‘QBCC') provide Home Warranty Insurance to newly built or renovated property. If the property you are purchasing has been built or renovated within the last 6 ½ years then you should conduct a QBCC search to make sure it has Home Warranty Insurance guaranteeing the works.

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