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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 and...
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 way of...
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 offer...
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 this...
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 time...
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 as...
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. TIP: The Standard...
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 Duty on...