Conveyancing Specialists

How long will it take?

If the property is empty and the buyer does not require a mortgage, a sale or purchase can all be completed in a few days but this is very unusual.

However it is more likely that a mortgage will be required and there will be a chain of transactions and if that is the case it will usually take 1-2 weeks to exchange contracts and then another 4-6 weeks between exchange of contracts and completion making a total of 5-8 weeks from start to finish.

All of the conveyancing solicitors on the TPG Conveyancing panel will do everything that they can to progress your transaction as quickly as possible but we cannot offer any guarantee about how long it will take and you should not believe anyone else that does!

How soon do I need to pay any money?

Usually if you are purchasing a property your conveyancing solicitor will ask you for approximately $300-$400 at the beginning to cover the report fees that will be paid out on your behalf. The balance of the price and the solicitors costs etc will be payable shortly before completion unless you are borrowing more than 90% of the purchase price in which case it may be required prior to exchange of contracts (see also "How much deposit must I pay").

If you are just selling you will not need to pay any money in advance.  The costs and agents fees will be paid out from the sale proceeds on
completion before any balance is sent to you.

Do I need any Inspection/Reports?

Upon receiving instructions, the conveyancing solicitor will recomend that certain building/pest/strata of survey isnpections/reports etc be carried out. If the property is quite old and you are particularly concerned about its condition you can obtain a full structural survey report which is even more detailed.

Always remember the golden rule is "let the buyer beware" so (provided  you have not been misled) you will be liable for any problems that you discover after exchange of contracts.

How much deposit will I need?

It is normal for a deposit to be paid on exchange of contracts. Although many people think 10% is required that is often untrue. If you are buying and selling your conveyancing solicitor can usually use your buyers deposit in connection with your purchase so you will not have to find anything.

If you are just buying the amount of the deposit will usually depend upon the size of your mortgage (if any). If it is less than 90% then you will usually need to find 10% but if you are borrowing more than this your solicitor can often persuade the seller to accept whatever amount you are putting in or even just the amount of the costs and disbursements only if you are borrowing 100%.

What searches are carried out and why?

There are five main types of search that can be carried out and the buyers conveyancing solicitor will decide which of these are necessary in any particular case:

Local Council Search
This reveals details of the planning history for the property and whether the Council are aware of anylandfill or waste disposal sites in the area, if the property has been built on an old industrial site and whether there are any risks from contaminated land,toxic emissions, flooding, subsidence, tree preservation orders etc. and any other matters within the Council's control that may affect the property.

Final Search
This is carried out just before completion in order to find out if there are new mortgages or caveats registered against the property that have not previously been disclosed. If there are then the buyers solicitor will obviously require confirmation that these will be repaid.

Environmental Search
It is strongly recommended that the buyers solicitor should also carry out searches with the various government departments to see if there are any proposals for new roads or traffic schemes, schools, railways, conservation areas, electrical towers/grids

Can I exchange contracts before I receive my loan approval?

If for any reason the loan approval is declined or delayed or it contains any conditions that you cannot comply with the money may not be available when required so it would be extremely dangerous to exchange contracts without it and any competent conveyancing solicitor would strongly advise you not to do so.

When can I book my removals?

It is best to avoid booking your removals until after contracts have been exchanged because before that time the moving date is not definite and you may end up losing money if the date changes after you have made the booking.

Can I move on a Saturday?

Unfortunately the banking system used for the electronic transfer of the funds cannot be used on a Saturday and therefore your move has to take place between Monday and Friday.

How much Stamp Duty do I have to pay?

Stamp duty liability is an issue that is independant for each and every person, in short the Office of State Revenue offers different schemes for first home owners, new homes and pensioners purchasing new homes. Yo will have to reference the Office of State Revenue's website for detailed information to determine your stamp duty liability (if any).

When do I need to arrange buildings insurance?

Unless the building insurance is being arranged by your lender or it is a leasehold property and the insurance is dealt with by the freeholder you must arrange buildings insurance from exchange of contracts as the property will be at your risk from that time.

The amount of cover should be the estimated cost of re-building the property if it burns to the ground which is not necessarily the same as the current market value. If you had a survey or you are obtaining a mortgage your surveyor or the lenders valuer will usually have suggested a minimum amount of cover in their report.

What do we need to know if we are buying in joint names?

Most couples who are married or in a stable relationship purchase as "joint tenants" which means that upon the death of one or other of them that persons half share will automatically pass to the other.

The alternative is to hold the property as "tenants in common" which means that each persons share is treated as being separate so that upon the death of one or other of them his or her share will not automatically go to the other but to whoever it has been left to in the deceased persons will or, if there is no will, to his or her next of kin.

Once you have considered the above options and/or if you require further advice you should tell your conveyancing solicitor so that he or she can make sure that your wishes are carried out.

Should I cancel my existing direct debit before completion?

Following exchange of contracts most conveyancing solicitors advise their clients to cancel any existing direct debit payments.The reason for this is that the solicitors will themselves obtain a note of the outstanding balance from the existing lender which is calculated up to the completion date. If any direct debit payment is sent to the lender in the meantime it will result in an overpayment and it may take a short while for this to be repaid.

When do I make the first payment under my new mortgage?

When completing the mortgage application form you would have been asked to specify a particular day in the month for your Direct Debit. However the lender will usually also contact you shortly after completion to let you know the first payment amount and day on which it will be collected. You should be aware that because of the way in which the interest is calculated if you complete in the middle of a month your first payment may be slightly larger then normal.

What happens with the keys?

These are usually left with the estate agents (if any) and the buyer collects them once the money has been paid over on the day of completion. If there are no estate agents (or this is not convenient) then the seller will hand them direct to the buyer.

Either way it is important that arrangements are made in advance to prevent the possibility of the buyer having to wait outside with the removal truck!

Although your conveyancing solicitor will always try to ensure that everything is finalised as early as possible on the day of completion - and usually this is dealt with by mid-day - there can sometimes be a delay if, for example, your solicitor is still waiting for the mortgage monies to arrive or there is a particularly long chain.  If this happens please don't panic or become upset because your conveyancing solicitor will invariably resolve the problem by early afternoon - if not sooner !

When will I get my money?

If you are just selling or there is a surplus due back to you after the completion of your sale and purchase your solicitor will always try to send this to you on the day of completion or, at the very latest on the next working day.

Payment is usually made by cheque but for larger amounts your solicitor can transfer the money direct to your bank if you request this in advance and provide them with your account details. There may be an additional bank transfer fee for this.

Why should I use TPG Conveyancing?

Because we offer a nationwide service at competitive fixed fees and we guarantee no hidden extras and no sale (or purchase) no fee.

We keep you regularly updated as everything is dealt with by post there is no need for you to take time of work for any meetings.

We now supply our services to some of the very largest organisations in the New South Wales and an increasingly large proportion of our clients are introduced to us by personal recommendation from friends or family who have themselves been delighted with our services.

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