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Cheapest Conveyancing Service in Queensland for over 30 years
OWNit Conveyancing has been providing the Cheapest Conveyancing Service Queensland wide for more than 30 years now!
OWNit Conveyancing offers more than 30 years of experience in the industry. Our offices are located in the major cities and towns of Queensland: Brisbane, Gold Coast, Southport, Southside, and Beenleigh. We offer the cheapest conveyancing fee in Queensland.
OWNit Conveyancing provides exceptional client services, including personalised contact, streamlined systems, and hassle-free settlements across the board.
When it comes to choosing us to represent you and provide you with exceptional conveyancing services, it is important to understand the reasons why you should do so. Our services are designed to deliver the cheapest conveyancing solutions on Gold Coast, Brisbane, and surrounding areas on Queensland.
The professionals at OWNit offer services for property conveyancing works at some of the cheapest prices in both the Gold Coast and Brisbane.
We have an experienced legal team to guide you through every step of your purchase, ensuring a smooth process.
You will be allocated an experienced senior property paralegal (supported by Solicitors) providing you with personalised service.
Many things can go wrong with a property transaction. If it does, you need to know that you are in the care of a quality, yet cheap, conveyancing firm that has over 30 years’ experience in getting things done right
Our Queensland wide services combined with a modern approach and technology, avoid the need for you to visit our offices. Our skilled property conveyancer services keep you fully updated by phone, fax or email. You are of course always welcome to pop into one of our three locations, but our processes are designed to save you time.
You will have peace of mind knowing that we are independent conveyancing solicitors acting in your interests at all times.
Q. What happens when the property is suspected of having combustible cladding? A. On 1 October, 2018, Part 4A of the Building Regulation 2006 (Qld) (Cladding Regulations) came into effect. When an owner of a private building is selling their property which has cladding, the property owner is...
Q. How do I know whether the item is a fixture or chattel? A. The difference between a fixture and a chattel depends on whether the item is affixed to the land or property. If the item is affixed to the land or property then ordinarily...
Q. Does a buyer have the right to terminate the Contract of Sale if there are easements on the property and the easements have not been disclosed in the contract. A. If an easement has not been disclosed in the Contract of Sale then the...
Q. Can a seller terminate a contract if the buyer does not pay the initial deposit or balance deposit by the due date? A.Yes. If the buyer does not pay the initial deposit or balance deposit to the Stakeholder by the due date then...
Q. What is the difference between holding the property as Joint Tenants or as Tenants in Common? A. When two or more people are buying property together, they must decide whether to hold the property as joint tenants or tenants in common. Joint tenancy is...
Q. After settlement can the terms of the contract still be enforced? A. Certain provisions of the contract can be enforced after settlement. Essentially any term of the contract which can take effect after settlement will remain in force. That means provisions in the Contract...
Q. If there is a pool on the property and a valid pool safety certificate has been issued, does the Pool Inspector and Pool inspection date section of the contract need to be completed on the contract? A. No. The pool inspector and pool...
Q. I am preparing a REIQ contract with conditions that fall due on 28 December 2018. Is this going to be the date the condition is due? A. No. Current REIQ contracts have exclusion dates from 27 December 2018 to 31 December 2018. These dates...
Q. If a condition date falls on a non-business day (eg. Sunday) is the condition date due on the prior Friday or the coming Monday? A. When any condition of a contract falls due on a weekend or public holiday then the due...
Q. After settlement can the terms of the contract still be enforced? A. Certain provisions of the contract can be enforced after settlement. Essentially any term of the contract which can take effect after settlement will remain in force. That means provisions in...
Q.What does a contract mean when it states “Time to remain of the essence” in Queensland contracts? A. “Time of the essence” means that a party to a contract must perform its contractual obligations under the Contract by a specific date and time. Failure to...
Conveyancing is not as easy as everybody thinks. That is why states make laws to systematise the process. In Queensland, we follow a certain protocol. This is to avoid the common mistakes and negligence of people involved in the transaction. Lack of Research People tend...
Q. What happens if the GST Withholding sections are not completed correctly in the contract? A. Buyers and sellers are required to provide the correct information to enable the GST Withholdings section to be completed. The buyer and seller can obtain the correct information required...
On 1 July 2018, a new House and Land Contract Version 15 and a new contract for Residential Lots in a Community Titles Scheme Version 11 were released. It is recommended that these new versions of the contracts are used from 1 July 2018. The...
Removal of Sellers Belongings after Settlement Q. What happens if the Seller has not removed all of their belongings from the property by the time of settlement on the settlement date? A. Any such items not removed prior to the actual time of settlement on...
When you want to settle down in a certain place, you will need to buy something big as a land or a house property. Of course, everybody wants to have a concrete proof of his/her ownership. This is also applicable to corporations or businesses purchasing...
The Queensland Government have announced that from 1 August 2011, transfer duty rates will be adjusted. The most significant change is that there will no longer be a Home Concession available to Buyers purchasing property as their principal place of residence. The transfer duty reforms...
Q. Is a Seller limited to claiming interest at the “Default Rate of Interest” or “Default Interest Rate” when they are asked to extend for example the settlement date? A. No. A Seller may agree to extend or not agree to extend on whatever terms they wish...
Q. When does Stamp Office require a valuation report for a residential property transaction? A. In most cases stamp duty is simply paid on the purchase price shown in a Contract for a residential property transaction. In some cases, for example, where the transfer is by...
Q. Is a Seller entitled to accept any offer they choose out of Multiple Offers to buy a property or are they obliged to accept offers only in the order in which they are made? A. The Seller in normal circumstances would be entitled to accept whichever...
Q1.How does the Cooling Off Period apply to Contracts? A. A cooling off period applies to all Contracts for the sale of residential property in Queensland, other than: A Contract formed on a “sale by auction” or; Where the Buyer has obtained a Lawyers Certificate waiving...
Q.What date should be inserted as the Conveyancing Contract Date in the item schedule of the Contract? A. We recommend that the Conveyancing Contract date should be inserted as the date the Seller signs the Contract. You should note however that the Cooling Off Period in...
Q.Once a Contract is signed by all parties is the property at the Buyers or Selers risk through to the settlement date? A. The property is at the Buyers risk from 5pm on the first business day after the Contract date. This gives the Buyer sufficient...
Q.What are the essential elements of a Contract of Sale on lands? A. Generally, the position is as set out below. This is a complex area and the summary below is only a brief overview of the position. A more detailed consideration may be needed in...
Q.Which non-Australian purchasers do not need foreign investment approval for a Foreign Residential Investment? A. You are exempt if: You are an Australian Citizen living abroad; Your spouse is an Australian Citizen (not a permanent resident) and you are purchasing residential real estate in both names...
Q.Does Your Contract Need Witnessing A Lease Agreement? A. No. The only purpose for a signature to a Contract being witnessed is that if there is a dispute as to whether or not a person has signed the Contract then the witness can provide appropriate evidence....
Q.If the Seller is in breach of contract (eg. where the seller can not remove a mortgage or caveat over the title by the settlement date), can the Buyer claim damages for that breach without tendering the balance of the purchase price, to show they...
Q. Which party should be given the originally signed Contract of Sale after it is signed, the Seller or the Buyer? A. The usual practice is for the Buyer to be given the originally signed Contract. Why? Under the Standard REIQ Contract the buyer must pay all Stamp...
Q.If there is a tenancy in place in respect to a property do you put details of the tenancy in the Reference Schedule in the Contract under the heading “Tenancies”? A. Yes, if the property being sold is subject to the tenancy. If, however, the property...
Q.If a completion date falls on a non-business day (eg. Sunday), is completion effected on the previous Friday or the following Monday? A. When a condition (such as the building inspection date, finance date, completion date or any other date referred to in the Contract) falls...
Q.When is a Buyer entitled to access a property after the Contract is signed but before the settlement? A. Under Clause 8.2 of the Standard REIQ Terms of a Contract a Buyer (and their consultants) may enter the property (after giving reasonable notice to the Sellers)...
ALERT – The REIQ & Queensland Law Society have released new Contracts. Effective from 1 December 2010, is a new House & Land Contract Version 8 and a new Contract for Residential Lots in a Community Titles Scheme Version 4. It is recommended that the correct and current version...
Q.What is the legal effect of a side agreement whereby the Seller agrees to accept an amount lower than the purchase price on the Contract? A. If there is a condition in the Contract itself and it can not be removed from the Contract, which is...
IMPORTANT NOTICE From 1 December 2010 (ie. contracts dated before that date and settling after it or contracts dated on or after that date) a seller of a house or unit which contains a pool, must before settlement, give the buyer a copy of a...
Q.I am preparing a Contract with a settlement date of 31 December 2010, are all the necessary businesses open to finalise the transaction? A. No, the Christmas Period can cause major issues due to office closures of vital components of the settlement process. Whilst the majority...
Q.Who should be named as Seller of a property owned by a deceased person? A. The Sellers name on the Contract should be the name of the legal personal representative (ie. the executor named in the Will or the Admistrator). The Sellers name on the Contract...
Q.Is a transfer of an interest in a residential property by one party to a marriage (or de facto relationship) to the other party exempt from transfer duty? A. Yes, if:- 1. the transfer is from one party to a subsisting marriage (or de facto relationship)...
Q.Does a Buyer have to accept a transfer of land from a person who is not the Seller named in the Contract of Sale? A. Generally, no. The standard REIQ Contract requires the Seller to give the Buyer at settlement a duly executed transfer of land,...
Effective from 1 October 2010, is a new Form 30c Warning Statement Version 6. The current version of the Form must be used from 1 October 2010. Failure to use the correct form can lead to the Buyer terminating the Contract under Section 370 within...
Q.What are the Sellers and Buyers obligations regarding an electrical safety switch? A. The Seller of a residential house or residential unit must notify the Buyer in writing whether an approved safety switch has been installed for the general purpose socket outlet in the house/unit. This...
Q.When is a Real Estate Agent entitled to commission? A. The Property Agents and Motor Dealers Act sets out criteria regarding an agents entitlement to commssion: The agent must be licensed under the Act; If the agent is a corporation they must hold a corporate license...
Q.Does the owner of a property have a right to have a Certificate of Title, issued by the titles office, to show their ownership of a property? A. Yes, but under current law a certificate of title will only be issued to the registered owner of...
Q.Has there been a change to the process of preparing and signing contracts? A. Not yet but changes have been made which will take effect from 1 October 2010. Until that date the existing processes remain the same. The amendments which commence 1 October 2010 relate...
Q.What is the difference between Fixtures & Chattels? A. Fixtures are objects which are fixed to the land eg. the house structure and objects physically attached to a house. Chattels are moveable property which are not regarded as fixed to land. Generally, if an object is...
Q.Who has the right to waive the benefit of a condition in the Contract? A. When a party no longer wishes to rely on a condition, whether or not the condition has been satisfied, they may wish to advise that the condition is waived. The party...
Q.I am selling a property with a swimming pool. How do I ensure that the pool fence is compliant? A. All swimming pools in Queensland must be enclosed by fencing that meets with the state governments pool fencing legislation. It is the responsibility of property owners...
Q.Is an owner builder (or unlicensed builder) who is selling a property, on which building work has been done, required to give any notice to a Buyer of the property? A. If the building work is done by a person who is not licensed to carry...
Q.When and to whom is the deposit to be released by the deposit holder (stakeholder)? A. There isn’t one answer to this question. It depends on the circumstances. Set out below are a few likely scenarios: When a Contract is settled the deposit can usually be...
Q.Should a foreign buyer make a Contract to buy a residential property subject to Foreign Investment Review Board (FIRB) approval? A. Yes, unless prior written approval has been obtained to purchase the property or the Buyer is specifically exempted under the Foreign Acquisitions and Takeovers Regulations...
ALERT – The REIQ & Queensland Law Society have released new Contracts. Effective from 1 July 2010, is a new House & Land Contract Version 7 and a new Contract for Residential Lots in a Community Titles Scheme Version 3. It is recommended that the correct...
From 1 June 2010, there is a new $4,000 Regional First Home Owners Grant (RFHOG) for new homes in Regional Areas. The Grant is an additional $4000 on top of the existing $7000 First Home Owners Grant, and is available to eligible first home buyers....
Q.How must the balance purchase price be paid at settlement? A. Clause 2.5 of the Standard REIQ Contract requires the Buyer to pay the balance purchase price by Bank Cheque at settlement, as directed by the Seller. A bank cheque is defined in the Contract as...
Q.Is a Buyer entitled to vacant possession of the property if, on the Contract, it is stated that there is currently a tenant? A. No. If there is a tenant in the property and the tenancy details are set out in the Contract the Buyer will...
Q.What is a Power of Attorney? A. A Power of Attorney is a legal document authorising another person, such as a trusted friend or relative, to act on your behalf in your affairs if you: Go overseas Take an extended holiday Suffer poor health Reach an...
Q.Does the Seller of a property have to notify the Buyer that land is recorded in the Contaminated Land Register or Environmental Management Register? A. If land is recorded in the Contaminated Land Register or Environmental Management Register the Seller must, before entering into a Contract...
Q.When does the Cooling Off Period technically start and finish? A. The Cooling Off period begins any time on the day that a signed Contract is received by the Buyer or their Solicitor and ends at 5:00pm on the fifth business day (not including weekends or...
Q.What can a homeowner do if they believe there is a problem with a boundary line or there is an encroachment over their land? A. If a person believes that a boundary line is incorrect, then they may at their own cost, conduct a survey to...
Q.When a mortgagee is selling a property due to the owner being in default, how should the Sellers name appear on the Contract? A. The Seller appear as “XYZ Bank as mortgagee exercising power of sale under mortgage no. ABC”.
Q.Does the Seller of a residential property have to notify the Buyer that land is recorded in the Contaminated Land Register or Environmental Management Register? A. If land is recorded in the Contaminated Land Register or Environmental Management Register the Seller must, before entering into a...