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TOOWOOMBA BUYERS CONVEYANCING
Toowoomba Conveyancing Lawyer
LLB (Hons), BSc, GDLP from College of Law
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
TOOWOOMBA SELLERS CONVEYANCING
Toowoomba Property Lawyer
LLB (Hons), BSc, GDLP from College of Law
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
Toowoomba Conveyancing Solicitor
LLB (Hons), BSc, GDLP from College of Law
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
What do I need to do to amend my contact?
If you have not yet signed a contract then the contract can be amended by making the amendment by hand or electronically and both parties initialling the change. Once the contract is signed it is more difficult to validly change the contract. Depending on the change it could be amended by letters exchanged between the lawyers or by Deed. You should speak to your property lawyer on how best to amend the contract in your specific situation.
If my name is wrong on title, what can I do about it?
Your name on title can be amended by submitting a request to the Land Titles Registry with a statutory declaration and evidence showing what the correct name should be. Your lawyer can help you with this process.
If a purchaser needs to extend settlement, can I charge them fees for the extension?
Any extensions can be negotiated under the contract. In most instances either party will not have a right to an extension being granted. This means if you incur costs from agreeing to an extension of settlement you can require the purchaser to pay those costs along with paying default interest. If the purchaser refuses then you may have rights to terminate the contract, claim the deposit and sue the purchaser for damages.
Can the purchaser charge me for an extension?
Any extensions can be negotiated as in most instances either party will not have a right to an extension being granted. If you need an extension you can request the purchaser grant it without penalty however if the purchaser incurs costs for the extension then they may pass this onto you in exchange for the extension.
When I am selling do I need to give the keys to the house to my lawyer before settlement?
Where a real estate agent is involved you will usually provide the keys to the agent on the day of settlement and they will hand the keys over to the purchaser after settlement. In some cases, the purchaser may want their lawyer to hold the keys at settlement or when there is no agent the lawyer may have to have the keys to provide them at settlement. Where you are unsure what you should do then you should clarify this with your lawyer.
Can I sell property without a real estate agent?
You can sell property without a real estate agent however it may be difficult to find a buyer without the resources of a real estate agent to support you. If you find a buyer without an agent, then your property solicitor or lawyer can draw up the contract for you.
Should I do a pre-settlement inspection on vacant land?
Your pre settlement inspection allows you to make sure the property is in the same condition it was when you signed the contract. Vacant land can change just as much as a built on property if the seller were to change the contours of the land before settlement, if there was erosion of the land, or if the seller left items or waste on the property. These can all cost you money if you do not check if the property has stayed the same during your pre-settlement inspection.
What additional searches do you recommend for Toowoomba?
Toowoomba has a great natural beauty for a growing town that still has the country town feel. With its nearby national parks you will want to do a search of the Environment Protection and Biodiversity Conservation Act register to see if your property is affected by any protections for natural heritage or animals. You can do this search for free at: https://www.environment.gov.au/epbc/protected-matters-search-tool You should also look at whether the property will have vegetation requirements or restrictions on it. You can obtain a vegetation management report at: https://www.resources.qld.gov.au/qld/environment/land/vegetation/vegetation-map-or-property-report-request-form Any property that has been used for farming purposes may have become contaminated land depending on the chemicals used on the land. If you are looking at purchasing a previous farming property then you should make sure to obtain a contaminated land search to see if the property is contaminated. Where the property has a house built on it then it is always important to make sure that the house is council approved. You can do this by obtaining a building records search.
As a buyer what do I need to get connected to the property after settlement?
Where the property has a house on it then you will need to get power, telephone, internet, gas, cable television and similar utilities connected to the property after settlement. There are companies who will help you organise these connections at settlement that you may want to engage to assist you with this process.
Will I have rights under the contract if I am not satisfied with the valuation on the property?
Under the standard terms of most contracts you do not have any rights if your valuation comes back lower than you would like. Where the contract is subject to finance you may have rights to terminate if the result of the valuation meant that your finance could not be approved. If you want rights under the contract for if a valuation comes back unsatisfactory, then you should speak to your lawyer about inserting a special condition into the contract to give you those rights.
How do I work out what a good price for the property is?
Before you purchase a property you should get a valuation of the property to see what the property is worth. Most real estate agents will be able to provide you with a valuation of a property if you request it. You can also organise for a certified valuer to value the property on your behalf. You should also consider the condition of the property and whether the valuation has taken this into account when choosing what a good price is for the property.
How much deposit can I pay?
In Queensland you can pay a total deposit of 10% of the purchase price in most cases. If you pay any more than this then the contract will become an instalment contract and most residential conveyancing lawyers or best conveyancer will not service that kind of contract. As the deposit is the sellers security under the contract it is preferable for the seller to get as high a deposit as possible, and for the purchaser to reduce the deposit to as low as possible.
Can the cooling off period be shortened?
Yes the cooling off period can be shortened. This will result in you losing your cooling off rights under the contract so you should make sure you definitely want to proceed with the contract before shortening the cooling off period. You should also speak to your lawyer about any changes that should be made to the contract before you sign.
What insurance do I need on a house?
When you purchase a house you will need to obtain public liability insurance, home insurance and contents insurance.
What is early possession to the property?
Early possession is an agreement between the purchaser and the seller for the purchaser to move into the property before settlement subject to terms and subject to settlement being affected. The terms for early possession will vary depending on the lawyers involved and the type of contract involved. You should speak to your lawyer about what early possession may mean for you.
Does the bank charge me fees at settlement?
Yes, a bank will have fees for completing their work at settlement. This will include the costs of any lodgement fees, processing fees, administrative fees and settlement fees. You should speak to your bank to find out what fees will be involved with the settlement from their end.
The property has a water bore on it. What do I need to know?
A water bore may indicate that the property is subject to a water allocation or licence. Where a water allocation or licence is involved this will grant you the right to draw water from a reservoir at an annual cost which you will pay to the council. There will be additional fees for your conveyance where there is a water allocation or licence involved and you should talk to your lawyer about what these fees will be if you become aware of the property being subject to a water licence or allocation.
What is aggregation of transfer duty?
Where you are purchasing or transferring multiple properties for a similar purpose (e.g. investment properties) and the properties are in a similar area or the contracts are subject to each other or the sellers are the same then you may have to pay additional transfer duty. The Office of State Revenue require similar transactions to be aggregated which means you pay transfer duty on the total value of all properties purchased, and not transfer duty on each property separately. As the rate of duty increases as the price increases aggregation will mean you will need to pay more transfer duty then if the properties had not been for a similar purpose.
Do electrical safety switches need to be installed in the house?
All homes sold in Queensland are required to have an electrical safety switch installed if the house was built after 1992. Where a safety switch has not been installed the seller must disclose this to the purchaser in the contract in which case the purchaser must have the electrical safety switch installed within 90 days after settlement.
Do compliant smoke alarms need to be installed in the house?
All homes that are sold are required to have compliant smoke alarms installed. The requirements for how many, the type and where the smoke alarms need to be installed changes periodically so you should check to make sure your smoke alarms are compliant when selling. A seller needs to disclose to a purchaser if compliant smoke alarms are installed in the property before settlement and a purchaser should make sure to check if this is correct before settlement. Where compliant smoke alarms are not installed then the seller will need to organise this before settlement or risk a fine for not complying with the legislation.
Should I conduct a telco search?
A telco search will tell you if there are telecommunications lines running under the property. You should conduct a telco search and call ‘dial before you dig’ where you want to do any building work on the property that may interfere with the soil or prevent access to any infrastructure under the soil.
What is an easement?
An easement is a right of access through a property. It can be for running drainage, sewage, utility services or for people to get access to their lot from the road. The owner of the land where the easement runs and the owner who gets the benefit of the easement will each have obligations they need to comply with under the easement. Where an easement affects your property you should obtain a search of the easement so you understand your obligations in relation to the same.
What is land tax?
Land tax is a government tax that is payable on freehold land which is owned by the same entity. Land tax will only start to accrue after the value of all the land you own exceeds the threshold set for land tax. Where the property is a person’s home then usually an exemption will apply to land tax on the property.
When should I conduct a contaminated land search?
Contaminated land can occur for a number of reasons. Most notably you find land has been contaminated where:
- It used to be the site of a fuel station; or
- The property has been used for farming purposes.
When should I conduct a soil test on the property?
You should conduct a soil test on a property where you are planning on building on a property after settlement. Soil stability will impact the type of foundations you can use when building on property and accordingly the costs of building as well.
Why LEAD Conveyancing Toowoomba?
For some people, it is the first time they’ve ever heard of conveyancing. You’re all so excited after your offer for a property you’re buying has just been accepted. All of a sudden, the real estate agent tells you you need to find a conveyancer.
So what is it really? Why are you required to get a conveyancer when you’re buying a property? If this is your first time, there’s more than just that.
First off, when you say conveyancer, in general, it can be a regular conveyancer or a property lawyer. Conveyancer is just a general term but they both do the same work with a few differences that, in most cases, matter a lot. You’ll need their service in order to transfer the property title from the seller’s name to your name. They will also take care of all the necessary paperwork and ideally, it should make your life easy. What’s supposed to be a messy process will be organised. They’re the ones who will do the dirty work for you.
When you need conveyancing, you can either get a regular conveyancer or a solicitor. What’s the difference? The former is more friendly on the wallet but less on security and scope of expertise. The latter may be a bit more expensive but you get peace of mind.
LEAD, is a team composed of highly experienced property lawyers and we’re here to make sure you get this done hassle-free, with peace of mind, and at an affordable price!
Our Toowoomba Conveyancing Services
When finding a conveyancing service, there are a lot of things to look out for.
I’ll let you in on some tips on how you can identify when the firm or company you’re potentially dealing with is someone to stay away from.
- FREE Contract Review – when you see this, turn away immediately. There is no such thing as a free service. Keep in mind that at the end of the day, it’s a business everybody’s running. If you’re a lawyer who has painstakingly studied for years and spent lots of money to get your degree, would you give your service for free?
- FIXED Fee – when they give you a final price and they say it’s fixed, IT IS NOT. Don’t be fooled. Every conveyancer or solicitor can only declare their professional fee as fixed. The cost for searches will always be an estimate because it is an external cost coming from the council.
At LEAD, we don’t hide and we don’t sugarcoat. We tell you what costs you should expect, what they’re for, and how much for each. We can also tell you how some can declare something and make you believe you’re getting a great deal when in fact you’re not.
A free contract review means they cannot be held liable for their review so they just look at the contract and if it seems like any other contract they’ve seen, they’ll give you the “go-ahead”. If someone gives you a fixed price for searches and the cost for the searches go up, they can just remove some of the searches to compensate for the loss. That, however, means you are the one being put at risk.
How we provide Cheap Conveyancing in Toowoomba
When buying or selling a property, getting a lawyer to do your conveyancing does not have to be expensive anymore. Yes, you can get a cheap conveyancing.
LEAD’s business model is custom-tailored to today’s technology. We take advantage of our generation’s resources so we can get things done quickly and easily. Smartphones, emails, VOIP, and the internet are the tools that have made our process very user friendly and efficient. And with that, we were able to get rid of costs for processes that only the past requires.
- Travel costs going to and coming from the office.
- Hard copy and paper costs for documents.
- Costs on wasted time for face to face appointments.
The fact is everyone today is already mobile. Saved time can be used for other productive purposes. Virtually, everything can now be done through your smartphone and/or computer so why not take advantage of it, right? That’s the purpose of technology – to make life simple.
Why do you need Conveyancing Solicitors in Toowoomba?
Why is it better to get a solicitor over a conveyancer?
Just the thought of getting a solicitor or a lawyer used to scare people away. It’s because it means money, money, money.
You might have noticed I used the words, “used to”. That’s because, as previously mentioned, getting a property lawyer nowadays need not be expensive. You just have to get a reputable team or firm. So why is it important to get a solicitor?
For one, the property’s contract of sale which is possibly the most important document in your transaction is the first to be looked at before you sign. A solicitor will scrutinise your contract line by line and when they give you the “go”, you’re sure it’s safe for you to proceed with the deal because if problems arise due to something they missed, they will be held liable and it’s their profession, license, and business at risk. To make it short – you get professional legal advice.
When you need the document to be amended, a solicitor will be able to put the proper wording to protect your interest and make sure every legal angle is covered. Should things get complicated at a later time, you’re sure a lawyer will be able to defend you until the end.
About Toowoomba City
Toowoomba is a city in the Darling Downs part of Queensland, Australia. Darling Downs is a farming region in Southern Queensland which is to the west of South East Queensland. With its fresh mountain air and rich volcanic soils, it has been an ideal location for the development of some of the most spectacular parks and public gardens in Australia making Toowoomba known as the Garden City of Queensland. By road, it is 125km west of Brisbane and this city experiences all four seasons with spring being celebrated every year by the Carnival of Flowers.
So where did the name Toowoomba come from? In the 1840s, Toowoomba grew up as a convenient stopping point for those on the route from Moreton Bay to the pastoral holdings to the west. Drayton (which is now a part of the southern suburbs of Toowoomba) was the first substantial settlement on the Darling Downs. In 1852, a squatter by the name of Thomas Alford settled to the north of Drayton and decided to call his property Toowoomba. Little by little, settlement grew up in this area and the city got its original name, “The Swamp”. Later in 1858, it was changed to the Aboriginal word “Toowoomba” which also means “the swamp” or a type of melon that grew on the banks of the swamp. Others claim it was referring to the reeds on the edges of the swamp. Sources say it is an altered name for “tchwampa” (which means the swamp), “choowoom” (meaning native melon), or “woomba woomba” (meaning the reeds in the swamp).
Buying a Property in Toowoomba
Compared to other areas of Queensland like Sunshine Coast, Toowoomba has more frequent winds, hail, and fog. Although Toowoomba has a warm humid subtropical climate, it is considered cooler than other towns and cities in Queensland. Average annual rainfall peaks in the warm season and the majority of Toowoomba’s rainfalls are from November until March with January and February having the most rains. Toowoomba’s population now rivals Cairns and Townsville making it Australia’s 15th biggest city.
Currently, there are trends expected to be seen in the Toowoomba property market. More first-time buyers will be taking advantage of government programs such as the First Home Owner’s Grant (FHOG), the First Home Loan Deposit Scheme (FHLDS), and the First Home Super Saver (FHSS) scheme. The First Home Owner’s Grant or “FHOG” allows first-time buyers to get up to $15,000 for buying or building a new home. The First Home Loan Deposit Scheme or “FHLDS” helps buyers get their first property with as little as only a 5% deposit. Lastly, the First Home Super Saver scheme allows buyers to use their superannuation and contribute up to $30,000 (up to $60,000 as a couple).
Toowoomba is also expected to be more popular for investors being dubbed as one of the best regional investment opportunities of Queensland. With government plans to pick 10 regional cities to power the country’s economy, an influx of new workers looking to buy or rent is expected for Toowoomba. There are also three growth suburbs being significant namely – Middle Ridge, Highfields, and Centenary Heights. Middle Ridge is one of Toowoomba’s most popular suburbs because of its high liveability and family-friendly neighbourhoods. Highfields, on the other hand, is making noise for being one of the fastest-growing areas in QLD with its new infrastructures and investments. Centenary Heights is where you can find affordable properties with growth potential and nearby amenities. This suburb surely attracts first-home buyers.
New projects also mean more jobs which in turn mean more population and greater competition for property. The Qantas Pilot Training Academy, for one, is about to welcome 250 pilots to the city annually. A $10.6 million medicinal marijuana project near Wellcamp is also to export and produce 500 tonnes of cannabis which will boost trade for Toowoomba.
Property Selling in Toowoomba
When selling a property, prospective buyers often look into the city’s attraction may the purchase be for dwelling or investment purposes. Toowoomba has a lot to offer and here are some of what you can find in this beautiful city.
- Picnic Point – a prime picnic spot overlooking Main Range and Lockyer Valley
- Cobb+Co Museum – see the history of Australia’s transport era with horse-drawn carriages and steam trains
- Empire Theatre – Australia’s largest regional performance space
- Toowoomba Regional Art Gallery – witness 20th-century Australian paintings, drawings, ceramics, and jewellery
- Toowoomba Carnival of Flowers – an annual floral event every September that attracts 140,000 visitors each year
- Queen’s Park – 26.3 hectares of green space with trees from Europe, Asia, and other parts of the world
- Russell Street Historical Walk – see 2.5 km of well-preserved 1860s Queenslander architecture
- Woolshed at Jondaryan – the oldest and largest woolshed in the world
- Toowoomba’s Street Art Trail – view graffiti art by a range of artists in Toowoomba’s giant outdoor gallery
- Darling Downs Zoo – home of the only pride of African lions in QLD
Table of Contents
- Conveyancer Toowoomba
- GET FREE QUOTE
- TOOWOOMBA BUYERS CONVEYANCING
- TOOWOOMBA SELLERS CONVEYANCING
- SIMULTANEOUS SETTLEMENTS
- Frequently Asked Questions
- Why LEAD Conveyancing Toowoomba?
- Our Toowoomba Conveyancing Services
- How we provide Cheap Conveyancing in Toowoomba
- Why do you need Conveyancing Solicitors in Toowoomba
- About Toowoomba City
- Buying a Property in Toowoomba
- Property Selling in Toowoomba