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Conveyancing Fast Facts

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 Sellers 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. 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 individual...

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...