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Information for Purchasers

Family Land

If you are a Purchaser of property, we will prepare appropriate Transfer documentation and attend settlement on your behalf – ensuring that on payment of the balance purchase moneys, you obtain "Good Title" to the property.

Some matters that you may wish to give consideration to are as follows:-

1. You should consult with a Conveyancer prior to signing of the Contract regarding the implications of any Special Conditions and compliance within the time frames.

2. You may wish to arrange a Building inspection, in which case the Contract should be drawn subject to a satisfactory building inspection report.

3. Arrange Insurance cover for the property immediately following signing of the Contract – the Contract makes provision that the property is at your risk from the date of signing.

4. If you are arranging Bank finance, arrange an appointment with your Lending institution or Finance Broker without delay to ensure that you comply within the time frames in the Contract.

5. First Home buyers are entitled to the benefit of the First Home Owner's Grant and the First Home Bonus Grant, the payments for which are generally arranged by the Lending Institution. You may wish to refer to the RevenueSA Website, www.revenuesa.sa.gov.au

6. If buying jointly, you will need to consider holding the property as either Joint Tenants or Tenants in Common – an explanation follows:-

When land is transferred to more than one person, they can own it (be "registered upon the Certificate of Title") either as Joint Tenants or as Tenants in Common.

In very simple terms, JOINT TENANTS collectively own one interest in the land. Various consequences flow from owning as a Joint Tenant. For example, a Joint Tenant:-

(a) is entitled to occupy the whole of the land;

(b) has exactly the same interest as every other Joint Tenant;

(c) cannot easily transfer his or her interest to some-one other than an existing Joint Tenant;

 
 
 

(d) cannot leave the interest by Will. On death, the interest of a Joint Tenant vests in the surviving Joint Tenant(s). (This aspect needs to be borne in mind when Joint Tenants are drawing up their Wills to ensure that the Will of the last surviving Joint Tenant reflects the wishes of all of the initial Joint Tenants.)

It is usual but not essential that a husband and wife acquire land as Joint Tenants.

In contrast, TENANTS IN COMMON own individual shares in an interest in the land. A Tenant in Common:-

(a) may be entitled to occupy only part of the land;

(b) may have a greater or lesser interest in the land than the other Tenant(s) in Common;

(c) can freely transfer his or her interest to anyone;

(d) can leave the interest by Will. The interest of a Tenant in Common does not automatically vest in the surviving Tenant(s) in Common. The Will of a Tenant in Common should specify who is to receive this interest in the land. Existing Wills should be reviewed with this in mind.

Ownership as Tenants in Common is usually selected by the following persons:-

1) unrelated purchasers - where they want to retain the ability to transfer their interest independently of the other(s) or leave it under their Wills;

2) husbands and wives - where they wish to retain the ability to dispose of their estates separately or where they have contributed unequally to the purchase and/or wish to preserve or create ownership in unequal proportions.

If you have further questions concerning ownership as Joint Tenants and Tenants in Common, please contact us.

7. The Conveyancer will supply you with a statement prior to settlement, setting out costs, Government fees and adjustments of Rates and Taxes (Council Rates, Water and Sewer Rates, Emergency Services Levy, Land Tax and Strata Maintenance Fees, if applicable).

8. Your contribution of purchase moneys (the amount above any Bank loan) will need to be provided to the Conveyancer's Trust Account by way of Bank cheque or electronic Transfer on the day prior to the Settlement day.

9. Approximately one week before settlement, you should contact the electricity, telephone, gas and pay television suppliers to advise that you are moving into the property and arrange an account.

10. We will liaise with your Bank to complete settlement, which will take place at the Lands Titles Office, Adelaide between the hours of 11.30 a.m. and 12.30 p.m. on the date of settlement. You will not be required to attend.

11. We will contact you immediately following settlement to confirm completion, following which you may collect the keys to the property from the Agent.

12. If your Bank are taking a Mortgage over the property, they will retain the Certificate of Title as security for their loan following settlement. Otherwise, the Certificate of Title will be returned to us by the Lands Titles Office approximately four to five weeks after settlement, at which time we will contact you to arrange for its collection or mailing.

© South Coast Conveyancing 2008