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Selling Property

January 12, 2022 By Melissa Bush

Frequently asked questions about buying / selling property

We literally handle hundreds of sales and purchases of property each year, and whilst our main role is to guide our clients through the legal aspects of the transaction, there are often many non-legal … [Read more...] about Frequently asked questions about buying / selling property

Filed Under: Property, Purchasing Property, Selling Property, Strata Tagged With: Buying property, conveyancing, FAQ, property purchase, property sale, Selling property, Settlement

January 17, 2019 By Melissa Bush

Your obligations regarding maintenance of the property you have just sold

Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the … [Read more...] about Your obligations regarding maintenance of the property you have just sold

Filed Under: Property, Purchasing Property, Selling Property Tagged With: Bakhos v Fenner and Anor [2007] NSWSC 641, Perptual v Lindlirum [2009] VSC 182, pre-settlement inspection, Property settlement, Repudiation, Rescission, s66L Convyancing Act 1919 (NSW)

September 21, 2017 By Vicki Stokes

Why our clients love PEXA

PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client? To name just … [Read more...] about Why our clients love PEXA

Filed Under: Property, Purchasing Property, Selling Property Tagged With: conveyancing, electronic conveyancing, PEXA, property purchase, property sale

April 24, 2017 By Vicki Stokes

Surcharges on stamp duty and land tax for foreign persons – will it affect you?

The New South Wales Government introduced legislation last year bringing into effect surcharges on stamp duty and land tax, to be payable on residential property purchased or owned by anyone falling … [Read more...] about Surcharges on stamp duty and land tax for foreign persons – will it affect you?

Filed Under: Property, Purchasing Property, Selling Property Tagged With: conveyancer, conveyancing, Duties Act, Foreign Acquisitions and Takeovers, foreign person, investment property, land tax, Property Law, property purchase, purchaser, stamp duty, Vicki Stokes

February 8, 2017 By Vicki Stokes

Extra steps for property sales over $2 million

As you may be aware, owners of certain types of property are required to pay capital gains tax when the property is sold.  This is normally accounted for when the vendor does their next tax return.  … [Read more...] about Extra steps for property sales over $2 million

Filed Under: Property, Purchasing Property, Selling Property Tagged With: ATO, Australian Taxation Office, capital gains tax, Clearance Certificate, conveyancer, conveyancing, foreign company, foreign resident, Property Law, property purchase, Vicki Stokes, withholding tax

December 6, 2016 By Melissa Bush

Which real estate agent is entitled to the commission?

Shire Legal acted for a client purchasing a property at Burraneer through a local real estate agent.  The client had first seen the property 12 months prior when he was not seriously in the market to … [Read more...] about Which real estate agent is entitled to the commission?

Filed Under: Property, Selling Property Tagged With: Commission, Effective cause, High Court, Melissa Bush, Property Law, real estate agent

May 30, 2016 By Vicki Stokes

The new 2016 Contract for the Sale and Purchase of Land

The Law Society of NSW

Largely because of legislative changes, the Law Society of New South Wales periodically reviews and reissues the standard clause pages for the contract used when selling a property. Despite the … [Read more...] about The new 2016 Contract for the Sale and Purchase of Land

Filed Under: Property, Purchasing Property, Selling Property Tagged With: Australian Consumer Law, contract for sale of land, conveyancing, Deposit bond, electronic conveyancing, Foreign Resident Withholding Tax, Jobema Developments, Law Society, Off the plan, PEXA, Real Estate Institute, Shire Legal, Unfair term

December 9, 2015 By Vicki Stokes

What to do if your property is damaged between exchange and settlement?

With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? … [Read more...] about What to do if your property is damaged between exchange and settlement?

Filed Under: Property, Selling Property Tagged With: Vicki Stokes

November 23, 2015 By Melissa Bush

Do I need to disclose pre-existing termite damage to my home?

Unfortunately it’s a fact of life that many houses in bushy areas, such as the Sutherland Shire, are subject to termite invasions. It is actually more common than not for homes in the Shire to already … [Read more...] about Do I need to disclose pre-existing termite damage to my home?

Filed Under: Property, Selling Property Tagged With: Pest and building inspection, pre-purchase inspection, termite, vendor disclosure

February 24, 2014 By Melissa Bush

Do you need to disclose a death or suicide when selling your home?

Like many commercial transactions, the transfer of ownership of property is underpinned by the common law doctrine of “buyer beware” (aka “caveat emptor”).  That is, the purchaser needs to make sure … [Read more...] about Do you need to disclose a death or suicide when selling your home?

Filed Under: Property, Selling Property Tagged With: conveyancing, Honest disclosure, Material fact, Melissa Bush, Property Law, property sale, Real estate, real estate agent

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  • Home
  • About Us
    • Our Team
    • Testimonials
    • Fixed Fees
    • Information Sessions
    • Agency
    • Careers
  • Areas of Practice
    • Business
      • Selling a Business
      • Purchasing a Business
      • Leasing (Retail and Commercial)
      • Business Agreements
      • Franchising
      • Intellectual Property
        • Trademark Registration
        • Trademark Enforcement
        • Passing Off
      • Debt Recovery
      • Security of Payments
      • Employment
      • Bankruptcy
      • Insolvency
      • Business Succession
      • Competition and Consumer Law
    • Estates
      • Wills
      • Power of Attorney
      • Enduring Guardianship
      • Estate Planning
      • Deceased Estates
      • Estate Disputes
    • Property
      • Selling Property
      • Purchasing Property
      • Property Transfers and Refinances
      • Property Agreements
      • Certificate of Independent Legal Advice
      • Strata
      • Easements
      • Subdivision
      • Caveats
      • Leasing (Retail and Commercial)
      • Retirement Village and Aged Care Contracts
      • Co-ownership Agreements
    • Notary Public
    • Certificate of Independent Legal Advice
  • Blogs
  • Events
    • 2018 Drinks on the Terrace
    • 2017 Drinks on the Terrace
    • 2016 Drinks on the Terrace
    • 2015 Drinks on the Terrace
    • 2014 Drinks on the Terrace
  • Legal Health Checklist
  • Payments
  • Contact Us
  • BOOK AN APPOINTMENT