Our Services
OUR SERVICES
SETTLEMENT FOR SALE OR PURCHASE PROPERTY
Buying or selling property is arguably one of the largest and most exciting, yet potentially stressful transactions you will undertake. At South Coast and City Conveyancing we pride ourselves on providing first class service to ensure that the process is completed in the smoothest possible manner.
In addition to advising you on the general aspects of buying or selling real property (preferably before signing a contract), South Coast & City Conveyancing will:
- Peruse your contract and Form 1 (cooling off rights and property details) and advise of any implications.
- Offer independent advice on special conditions that may be included in the contract.
- Advise you on the different consequences between buying as joint tenants or tenants in common.
- Advise you of your responsibilities in regard to insurance.
- Inform you of the obligations, regulations and responsibilities when buying a strata unit or community lot.
- Advise you of all settlement costs.
- Advise you on your eligibility to qualify for the First Home Owners Grant.
- Obtain and examine the title and statutory charges to ensure that there are no outstanding charges on the property.
- Advise on the preparation or transfer of leases when buying an investment property.
- Advise if a caveat is required to protect your interest.
- Calculate rates and taxes to be adjusted on the property and discuss any land tax implications.
- Liaise with your bank in regard to discharging your mortgage if selling, or providing information for your new loan when buying, if applicable.
- Prepare a Memorandum of Transfer and such other documentation as necessary to transfer the property.
- Arrange for the Government stamp duty to be paid on the Transfer prior to settlement.
- Apply for a reading of the water meter and calculate the water used by the vendor to settlement date.
- Prepare a settlement statement and forward it to you prior to settlement, so you know what you need to pay, or are to receive.
- Co-ordinate and attend settlement on your behalf.
- Arrange a bank cheque for all monies due to be paid at settlement.
- Once the settlement is completed, advise you that settlement has occurred, forward change of ownership notifications to local council, SA Water and strata manager, pay any outstanding rates and taxes, and deposit your proceeds if required.
- Advise you on many other real property matters such as:
○ Private sales
○ Sale and purchase of business
○ Land and community divisions
○ Strata applications and amendments
○ Commercial leases
○ Mortgages
○ Applications to register name change
○ Marriage or death
○ Power of attorney
○ Caveats
PREPARATION OF PRIVATE CONTRACTS
If you are selling your home and have found a buyer, without having to list your property for sale with a Real Estate Agent, your Conveyancer can prepare a private contract. Along with preparing the contract, your Conveyancer will issue all the necessary documentation to both you and your purchaser, to complete the transfer of the property.
Private contracts involve not only the preparation of the contract, but the searching and preparation of the Form 1 (cooling off rights). As required under the Real Property Act, the Form 1 is to be presented to the purchaser.
When you sell a property privately it is extremely important that the procedures, as set out under the Real Property Act, are complied with to ensure the transaction is legal.
THE LAND/COMMUNITY DIVISION PROCESS
WHAT TO DO FIRST
- Prepare a simple plan of how you wish to divide the land. If you are wanting to create a Community division you will also need to include any common property on this plan.
- Contact the relevant Council and enquire about their planning requirements.
SURVEYOR
- The surveyor will prepare the Development Application form and lodge it with the Development Assessment Commission (DAC) for approval.
- They will carry out all of the necessary surveys to identify the boundaries and easements.
- They will then prepare a fully certified Land/Community Division plan.
If you have not yet chosen a surveyor, please contact our office and we can provide you with the names of surveyors that we deal with regularly.
THE DEVELOPMENT APPLICATION ASSESSMENT PROCESS
Your surveyor will monitor the progress of the Application and advise when fees are required to be paid.
- The Application is forwarded to the relevant Council, SA Water and any other Government body which may need to be consulted.
- The Development Assessment Commission is required to provide to the relevant Council a report including any requirements, generally relating to any road construction, provision of water, sewer and power services and open space.
- Once the Development Assessment Commission, SA Water and Council’s conditions are satisfied, the Development Assessment Commission will issue the final Land/Community Division Certificate of Approval to the surveyor, who will then forward it on to your conveyancer.
CONVEYANCER
The process involved in a Land Division, compared to a Community division, differ more as they get to the Conveyancing stage.
LAND DIVISION
- Your conveyancer will lodge the Land Division Plan at the Land Titles Office for examination and approval.
- The Application document is prepared in accordance with the Land Division Plan and signed by the owner of the property. If there is a mortgage, encumbrance or caveat registered on the Title to the property, those relevant parties are also required to consent to the Application document.
- The Application is stamped and lodged at the Land Titles Office for examination and deposit. Upon the deposit of the Land Division Plan, the new Titles will be issued in accordance with the Land Division Plan.
COMMUNITY DIVISION
- Your conveyancer will engage a Valuer to prepare the statutory Lot Entitlement Sheet.
- The Community Division Plan will be lodged at the land Titles Office for examination and approval.
- The Application document is prepared in accordance with the Community Division Plan and signed by the owner of the property. If there is a mortgage, encumbrance or caveat registered on the Title to the property, those relevant parties are also required to consent to the Application document.
- By-Law documents are drafted and finalised in accordance with the Community Division.
- A Scheme Description may be required and therefore prepared in accordance with the Council’s approval and signed by them.
- The Application is stamped and lodged at the Land Titles Office for examination and deposit.
- Upon the deposit of the Community Division Plan, the new Titles will be issued in accordance with the Plan.
TRANSFERS
If you wish to transfer property as part of a marriage or de facto relationship, whether as a result of a new relationship or the dissolution of an existing one, your Conveyancer can prepare the necessary documentation.
If your transaction is a transfer as a result of a new relationship contact us and we can arrange for the registration, or Transfer papers to be prepared. We will liaise with your lender if applicable and finalise the registration of the necessary documents.
If your transaction is a result of a dissolution of a relationship it is always best to seek legal advice and if necessary have agreements or court orders prepared by your solicitor. Once this process in underway contact us and we can finalise the necessary Transfer papers.
REGISTRATION ON TITLES FOR MARRIAGES, DEATHS, INCORPORATING CHANGES OF NAME
If any details relating to the parties registered on the title to land change, or have altered in anyway, your Conveyancer can arrange to update the registration details on the title on your behalf. We can liaise with your lender if required and prepare all necessary documents to complete the change in details.
CREATION OF CAVEATS/PRIVATE MORTGAGES
In real estate, a caveat warns prospective purchasers or mortgagees, who propose to deal in the land, that a third person (normally the person lodging the caveat at the Titles Office) has some right or interest in the land.
If you think you have a legal interest in a property but are not registered on the title, your Conveyancer can advise you and arrange for the registration of a caveat on your behalf. There are certain requirements that you need to fulfil for this to be done which we can explain to you and prepare the necessary paperwork on your behalf.
Equally if you lend money to a party specifically relating to real property and wish to register the interest against the property, we can advise and assist you with the necessary paperwork for a private mortgage or a caveat. This is designed to protect a private mortgage and in due course the discharge of the same once full payment has been made.
PURCHASE OF YOUR FIRST HOME OR INVESTMENT CONSTRUCTION GRANTS
We process first home owner application grants for clients not requiring those funds for settlement.
The First Home Owner grant is constantly being revised by the Government. Please contact us for up to date information.
There are Government grants available for construction of new homes for investments.