Frequently Asked Questions

What is a CAVEAT?

A caveat is a form of statutory injunction/stop order provided for under sec73F of the Real Property Act 1900. It is a notice of an interest .E.g. title, final search on the day of settlement.

In what circumstances might a purchaser, under a contract for sale, lodge a caveat?

A caveat should be lodged as soon as a caveatable interest is acquired (as soon as the exchange takes place.) to prevent any further dealings registered on the property.

When a purchaser signs a contract to purchase real estate, the purchaser acquires what is known as a “caveatable interest”. This means that the purchaser is entitled to register a caveat to protect that interest. Other People can also acquire a “caveatable interest”. On settlement the purchaser withdraws the caveat to register.

What is a building Certificate and why a purchaser should get this from Council?

It is a certificate of non action by the council under sec 149 D of the Environmental Planning and Assessment Act 1979.

This certificate is issued by the council to confirm that everything that is built on the land is in accordance with their requirements and with their approval. Purchaser need this certificate for his own peace of mind that there is no demolition order for next 7 years also to satisfy him from the legality of the improvements. Purchaser should get this certificate before exchange e.g. Pergola if the certificate has got orders on it and it does not meet council requirements, order may be issued by the council to complete or modify the structure within a set period of time, alternatively, council may order the structure to be removed. In that case the purchaser can also get out of the contract. Although it is not strictly required by the law, it is advisable to have a copy of this certificate attached to a contract for sale of land. Some lending institutions may require them as they have an interest in the property.
Purchaser needs this certificate because of due diligence i.e. Caveat Emptor. Let the buyer beware. Before the case of carpenter-v-McGrath an illegal structure was a defect in title. Purchaser could rescind the contract and get out of it. As a result of carpenters case the court said an illegal structure was a defect in quality. The Purchaser cannot rescind it as the rule of due diligence applies. I.e. caveat emptor. Purchaser needs to check before buying the property. The parliament introduced a new warranty in the Conveyancing (Sale of Land) regulation to get around the decision in carpenter-v-McGrath.

Ref. To clause 12 of the contract that the vendor should do everything reasonable to enable the purchaser to have the property instead and obtain any certificate or report reasonably required.

In order to get a building certificate one needs a:

  • Survey report
  • Council fee and
  • Access to the property

Can I advertise property without a Sale Contract?

By law, a residential property cannot be put on the market until a sale contract has been drawn up. You have the right to examine the contract at any time once a property is on the market. If a particular property interests you, get a copy of the sale contract as soon as possible so you can ask your solicitor or conveyancer to review it. You should have this done before signing a sale contract.

What is Cooling-off period?

When you buy a residential property in NSW there is a five business-day cooling-off period after you exchange sale contracts. During this period you have the option to get out of the contract as long as you give written notice. The cooling-off period starts as soon as you exchange and ends at 5pm on the fifth business day.

A cooling-off period does not apply if you buy a property at auction or exchange contracts on the same day as the auction after it is passed in.

You can waive the cooling-off period by giving the seller a ‘66W certificate’. This is a certificate that complies with Section 66W of the Conveyancing Act 1919. The certificate needs to be signed by your solicitor or conveyancer.

If you use your cooling-off rights and withdraw from the contract during the five business-day period, you will have to pay the seller 0.25% of the purchase price.

Do I need to see you in person to complete my conveyance?

It is not necessary for you to come into our office. You can contact us via phone/fax or email or even text as per your preference. In any case we keep you informed of your case at all times.

What does Section 149 tell you?

S149 is a planning certificate. This certificate provides information on how a property (such as land, house, a commercial building etc) may be used and the limits on its development. It also contains information which council is aware of through its records and environmental plans together with data supplied by state government. We can check zoning of the property and its permissible uses.

What is conveyancing?

Conveyancing in Law is the process of transferring the property whether buying or selling from one person to another in a legal manner. The system of conveyancing makes sure that both buyer and seller agree to terms and conditions involved in the procedure of property dealing.

What should I do first?

Just contact us via phone call or e-mail this is what you have to do and leave rest to us as we are available all seven days a week and always keep you informed regarding your queries.

What is Get a Quote now?

Here you have to enter your requirements i.e. what service you need from us. If services we provide can meet your need then we contact you as quickly as possible.

What is to be done if matter of property is tangled one?

Don’t worry about that we have the best licensed conveyancers who will assist you and will provide effective legal solution in your case.

What is the advantage of acquiring the services from propertysolicit.com.au?

Once you acquire the services from us you will have many benefits from our services. We are available seven days a week, you don’t have to come to our office for small things and we always keep you updated and informed on the status of your case.

What is the right time to talk with conveyancer?

We advocate that you should talk to conveyancer in the early stages of the conveyancing process as it will you a lot, you can get help in several pre legal procedures of the process.

Can I do conveyancing on my own?

Yes you can, but involves high percentage of risk. You might not be aware of some legal things that a professional conveyancer is, so it is highly recommended to acquire the services of the specialist.

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