Conveyancing
Whether you are buying your first home or a new addition to your investment portfolio, purchasing property can be very stressful.
At Briese Lawyers, we know that purchasing property is one of the most significant financial and emotional investments you will make. We offer our conveyancing clients clear and effective communication. We strive to ensure that your property transfer is as smooth and hassle-free as possible.
We are committed to ensuring you are kept well informed at every stage of the conveyancing process and we will promptly respond to any concerns you may have. We offer expert advice on all kinds of property, be it residential, commercial or rural.
'Professionalism and excellent communication are the hallmarks we experience in our regular dealings with Briese Lawyers. Kym and her team go the extra distance to meet not only our expectations but also those of our clients and customers. We have no hesitation in recommending Briese Lawyers in legal and conveyancing matters.' Ian Knight, Remax Success
'As you will appreciate, there is always a certain amount of stress when buying or selling a home. Having a client that knows they have a great legal team behind them, certainly reduces their stress and in turn allows them to make more informed decisions as the contract proceeds.' Paul Schmidt-Lee, Real Estate Agent
'I have had the pleasure of dealing with Briese Lawyers now on 2 occasions with regards to my conveyancing needs. After emigrating from England and having never purchased a property before this was a nervous time filled with unknowns. Briese Lawyers and the conveyancing team proved to be professional, polite and more than helpful with the whole process. They didn't only build a great relationship with myself but also other people involved in the process such as my mortgage broker.
The process was managed in simple steps and was explained throughout. On my second property when there was a slight delay in the property being valued, Briese Lawyers liaised with all relevant parties and still ensured a smooth process resulting in the desired outcome. It felt like the staff were really looking out for you and any hurdle was overcome with ease. Ultimately, I have been extremely happy with Briese Lawyers and consider them the 'go to people' when it comes to conveyancing. I will also be using Briese for other services such as getting a Will completed, due to the trust that has been built. They really do stand by their motto, as it "was a Breeze/Briese!" Alex Welsh - Happy Home Owner - Toowoomba
Buying or Selling Property
At Briese Lawyers, we pride ourselves in delivering to our clients efficient, professional and friendly service, providing you with fixed price conveyancing with no hidden costs. We provide conveyancing services for residential, commercial and rural properties.
Our Conveyancing Managers (and / or Support Team?) are here to make this experience as hassle free and smooth as possible for you and will step you through the process. If you have questions before you execute the Contract, you can contact us for advice before you sign to ensure that the Contract contains all the conditions you will need.
The following are explanations of some of the terminology you will encounter during property transactions:
Building and Pest Report
A Buyer may terminate the Contract by giving notice to the Seller at any time before 5:00pm on the Inspection Date if the Reports are unsatisfactory. The Buyer must act “reasonably” when exercising their termination rights.Caveat
A notification placed on a Title by a party, to warn Buyers that someone else holds an interest in that property, ensuring that the property cannot be sold without their consent.Commission
The fee paid to a Real Estate Agent by the Seller on the sale of a property. The commission is calculated on a percentage of the sale price of the property.
Conditions of Sale
The terms by which the Buyer and Seller agree to buy and/or sell the property.
Cooling Off Period
A Buyer of residential property, which includes vacant land, can terminate the Contract within 5 business days of the Buyer/Agent receiving a copy of the Contract signed by both the Buyer and the Seller. The option to terminate expires at 5:00pm on the fifth business day. The Seller may elect to charge the Buyer a termination penalty of 0.025% of the purchase price should they exercise this right.
Date of Settlement
The date when the transaction relating to the sale and or purchase of property is completed. This date will be set out in the Items Schedule to your Contract.
Deposit
The deposit is refundable on the termination of the Contract, except in circumstances where there is default on the part of the Buyer, where the deposit may then be forfeited. It is important to ensure that the deposit is paid in full by the due date, as failure to pay a deposit on the due date is a breach that cannot be remedied and gives the Seller the right to terminate the Contract at any time up to the settlement date. The Seller can also claim the outstanding deposit as a debt owing.
Disbursements
Out of pocket expenses paid by the Solicitor on the Buyer’s behalf for such things as search fees, land registry charges etc. A detailed breakdown of the disbursements will be contained in your settlement statement.
Duty (previously called Stamp Duty)
A State Government tax payable by the Buyer in relation to the transfer of real property, usually based on the unencumbered value of the property. Concessional rates of Duty can be claimed by first home Buyers, and by Buyers using the property as their principal place of residence.
Easement
A right given to an adjoining land owner or to a local authority, for right of way or access to the adjoining owner’s property, or for access to facilities such as drainage and telecommunication lines.
Extension Clause
Either party may extend the Settlement Date by up to five business days by giving notice to the other party without the need for the other party to agree.
Finance
The Buyer must take all reasonable steps to obtain finance. If a Buyer fails to advise whether finance has been approved by the Finance Date, the Seller may terminate the Contract. If a Buyer cannot obtain finance by the due date, the Buyer can terminate the Contract and the deposit held will be refunded to the Buyer.
Joint Tenants
The type of ownership where individuals together own the whole property and are not each entitled to a particular share. On the death of one joint tenant, his or her share passes immediately to the surviving joint tenant/s, and will not form part of the deceased’s Estate.
Searches
Are the method of checking matters that may affect the value of your property and determine if there are any encumbrances over your title which may affect your use of the land. For example, zoning, future use, current and future proposals for roads, title and caveat.
Special Conditions
Additional terms of the Contract that may be inserted into the Contract by the Buyer to provide for specific requirements. For example, a clause specifying that crops growing on a rural property will be property of the Buyer when the sale is completed.
Settlement Statement
A financial statement prepared by the Solicitor, detailing all the financial transactions, including your rates and water adjustments associated with the property, which is the subject of your Contract.
Tenants in Common
The type of property ownership were the parties hold their respective interests in the property in distinct shares from each other. On the death of one party, his or her share will pass in accordance with the terms of their Will.
Time of the Essence
If the obligations of any party are not complied with on the due date, the defaulting party is in breach of an essential term of the Contract. If the Buyer is the defaulting party, then the Buyer may forfeit the Deposit and the Seller may sue for damages. It is imperative that all parties keep important dates firmly in mind.
Title Search
A search to determine what name the property is in and lists encumbrances on the property, such as mortgages and easements.
Further advice with respect to your property transaction may be obtained by contacting one of our Solicitors, who can offer practical legal advice and guidance, ensuring that your rights and interests are protected.
Buying your dream home or investment?
Purchasing property is likely to be one of the most significant financial and emotional investments you will make and the consequences of your property transaction going wrong are extremely serious.
The following are some additional conditions you may want to consider including in your purchase Contract:
Body Corporate Search
We order a Body Corporate Records Search as a standard search for all unit purchases to ensure that you have all necessary information regarding the Body Corporate. We recommend that a Special Condition for this is added to the Contract as under the standard terms of the Contract, you will not have a termination right if any of the information relating to the Body Corporate is unsatisfactory (including upcoming levies, maintenance issues etc.)
Building Records Search
A Special Condition can be added to the Contract, making it subject to the results of a Building Records Search. This will show whether all structures on the property (dwelling, sheds, patios, etc.) have received council approval. Under the standard terms of the Contract, you will not have a termination right if any of the structures are not approved.
Due Diligence
If you have additional items you wish to investigate, a Due Diligence Condition can be included in the Contract. This will allow you to make further enquiries regarding the property after the Contract is signed, and if you are not satisfied with any of the results, you may terminate the Contract.
Sellers Risk
The standard terms of the Contract state that the Property is at the Buyers risk from 5pm on the first Business Day after the Contract Date. You will need to contact your preferred insurance provider to arrange insurance for the property after you have signed the Contract. Should you not be able to arrange this, you can request that the property is to remain at the Sellers risk until settlement, however this will need to be noted as a Special Condition on the Contract.
Vacant Possession
If there is a current tenant in the property and details of the tenancy are included on the Contract, you will be required to take on all commitments for the existing tenancy, and appropriate notice must be provided should you wish for them to vacate at the end of the lease period. Should you require the property to be vacant at settlement, a Special Condition will need to be included into the Contract.
Prior Sale
If you are relying on funds from the sale of an existing property, we recommend that this is included as a Special Condition to ensure that you have a termination right up to settlement, should there be any issues with your sale Contract. We can also arrange for the settlements to happen simultaneously, and can arrange early possession/access to the property for a smooth transition.
Please note that it is important to consider these additional conditions while negotiating the terms of Contract and prior to signing the Contract. Further advice with respect to your property transaction may be obtained by contacting one of our Solicitors, who can offer practical legal advice and guidance, ensuring that your rights and interests are protected.
Selling your home?
At Briese Lawyers, we pride ourselves in delivering to our clients efficient, professional and friendly service, providing you with fixed price conveyancing with no hidden costs. We provide conveyancing services for residential, commercial and rural properties.
Our Conveyancing Managers (and / or Support Team?) are here to make this experience as hassle free and smooth as possible for you and will step you through the process. If you have questions before you execute the Contract, you can contact us for advice before you sign to ensure that the Contract contains all the conditions you will need.
The following are explanations of some of the issues you will need to consider in preparing to sell your home:
FRCGW Clearance Certificate
As of 1 January 2025, all Sellers are required to apply for and obtain a Foreign Resident Capital Gains Withholding Clearance Certificate or variation from the Australian Taxation Office (‘ATO’) prior to settlement. Should you fail to provide the Buyer with a satisfactory Clearance Certificate prior to settlement, you are required to pay 15% of the purchase price to the ATO. (Please note that only an Australian resident, or that person's representative, may apply for a clearance certificate). We can arrange this document on your behalf and an Authority will be included in your documentation. If you have any concerns regarding this Clearance Certificate, we recommend you discuss this with your accountant and advise us immediately if you are unable to provide the required Clearance Certificate;Residential Tenancies
If the property, or any part has been subject to a residential tenancy agreement at any time within the period of 12 months before the Contract Date, you are required to advise the Buyer and provide evidence of the last rent increase. Failure to provide evidence prior to settlement may entitle the Buyer to terminate the Contract;
Vacant Possession
Unless the property is to be sold subject to a tenancy arrangement which is disclosed in the contract, vacant possession must be given at the Settlement Date. If the property is sold with vacant possession please ensure that any tenancy of the Property has been brought to an end and possession delivered by the tenant prior to settlement - minimum periods of notice will generally apply to the termination of any tenancy. Please ensure that the property will be cleared of all personal effects and left in a clean and tidy state with any damage caused during vacating having been repaired prior to settlement;
Smoke Alarms
If you are selling a residential property, you must check your smoke alarm installations as you must declare to the buyer on the contract and again on the transfer documents whether the home has smoke alarms installed.
All properties being sold are required to have interconnected Australian Standard 3786-2014 photoelectric smoke alarms (IP smoke alarms) installed in all hallways where bedrooms are connected and on each and every level of the residence at the time of construction or alteration. To comply with the new laws homeowners can install either hardwired 240V smoke alarms (mains powered smoke alarm) or non-removable 10 year battery smoke alarms (battery operated smoke alarm). However, any existing mains powered smoke alarm must be replaced with an IP smoke alarm. No license is required to install battery operated smoke alarms, however, the installation of mains powered smoke alarms must be performed by a licensed electrician. Should you require further clarification on the current government requirements or whether your current smoke alarms are compliant, we recommend that you contact a qualified electrician for further advice.
Safety Switches
Safety switches monitor the flow of electricity through a circuit and automatically shut off the electricity supply when current is detected leaking from faulty switches, wiring or electrical appliances. If you are selling a residential property, you must first establish that a safety switch is installed for the power circuits, if there is no safety switch then you will need to engage a licensed electrical contractor to install a safety switch. Sellers must declare to the buyer on the contract and again on the transfer documents whether the home has a safety switch installed. It is a legal requirement for all homes built since 1992 to have safety switches installed on power and lighting circuits. For homes built before 1992, it is a legal requirement for all landlords to install a safety switch to the power circuit of the rental property once a residential tenancy agreement has been entered into.
Pool Safety Certificates
If you are selling a property with a pool you must provide the buyer with a pool safety certificate from a licensed pool safety inspector prior to settlement. However, if you are selling your home, if no pool safety certificate is in effect before entering into a contract then the seller must give a Notice of no pool safety certificate to the prospective buyer - if no pool safety certificate is in effect before settlement then the new owner will have 90 days from settlement to obtain a pool safety certificate. If a pool safety certificate is in effect then the seller is required to give a copy of the certificate to the buyer before settlement. Pool safety certificates are valid for two years.
Seller’s Warranties
There are standard terms under the REIQ contract for the sale of residential houses and land which provide certain warranties given by the seller to the buyer in regard to the property. You should be aware that in signing the contract you are providing a warranty to the buyer that there are no current or threatened claims, notices or proceedings affecting the property; there are no notices given to you by the Environmental Protection Authority and you are not aware of any circumstances that may lead to the land being classified as contaminated land within the meaning of the Environmental Protection Act. You must give notice to the buyer prior to entering into the contract if your property is affected by these or other notices from relevant authorities. If the seller breaches those warranties then the buyer may terminate the contract. If you have received any notices from any authorities, please ensure that you seek further advice from one of our Solicitors to ensure that your rights and interests are protected.
Body Corporate Disclosure
A Section 206 Disclosure Statement must be completed for all properties in a Body Corporate Scheme (including Duplexes), be signed by the seller or its authorised representative and provided to the buyer prior to the buyer signing the contract. If a buyer executes the contract but has not been provided with a Disclosure Statement, the seller will remain bound to sell the property however, the buyer is not bound to purchase the property and can terminate the contract under the provisions of the BCCMA. Specifically, the Disclosure Statement must include that the lot is a lot in a Body Corporate for which yearly levies are payable. Further, it must include details regarding what the levies payable for that lot are. If the disclosure documents contain omissions or are inaccurate and the buyer would be materially prejudiced if required to complete the contract, then the buyer may have rights to terminate the contract.
Advice with respect to your property transaction may be obtained by contacting one of our Solicitors, who can offer practical legal advice and guidance, ensuring that your rights and interests are protected.
Meet Our Conveyancing Experts
Discover the knowledge and dedication of our Conveyancing Team at Briese Lawyers. Our team is committed to ensuring smooth and efficient property transactions. Whether you're buying or selling property, our experts provide comprehensive guidance and support through every step of the conveyancing process. Learn about the skills and meticulous attention to detail that set our Conveyancing Team apart and see how they can help make your property transactions seamless and stress-free.
