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We will prepare the Contract for Sale with all the necessary attachments and details to be available for any intending purchaser to read. We will ensure that the Contract complies with the requirements of the law in regards to vendor disclosure.
We will review the contract, explain the contents to you and ensure that it satisfies your needs and requirements and that it sets out the transaction that you have agreed too.
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You can discuss with the agent the offer you wish to make on the property, and if your offer is accepted, have the agent issue a contract of sale to our office. It is now important that you have obtained pre-approval for your loan so that you know you have enough money to cover the purchase price. You can speak with a broker or directly with your mortgagee and they will be able to arrange for you to apply for pre-approval.
Firstly, you must find an agent that you would like to list and market your property for sale, and we will prepare a contract of sale. We will prepare the Contract for Sale with all the necessary attachments and details to be available for any intending purchaser to read. We will ensure that the Contract complies with the requirements of the law in regards to vendor disclosure.
If you would like to Transfer your property without preparing a Contract of Sale you will need to obtain a valuation report from a certified valuer and stamp duty will be required to be paid. If you have formally separated from your partner and one party wishes to retain a jointly owned property, you may be able to complete the transfer of property without obtaining a valuation and without being liable for the payment of stamp duty.
If you wish to refinance your existing mortgage over your property, Rachel Stubbs & Associates are here to help. We will organise settlement of your refinance with your discharging mortgagee and incoming mortgagee and attend settlement to ensure that your matter runs smoothly.
If you are obtaining a loan and require legal advice in relation to the mortgage documents, one of our experienced solicitors would be more than willing to help you with this. We are able to see you at either of our offices in a relatively short period of time to ensure that you matter moves as quickly as possible.
By law a purchaser has the right of a cooling off period of 5 business days within which to withdraw from the Contract after exchange has taken place. This period gives the purchasers a chance to seek legal advice, obtain loan approval and carry out searches and enquiries as necessary to help them decide whether to proceed with the purchase.
A Section 66W Certificate is a document used when purchasing a property and exchanging contracts that essentially waives your rights to a cooling off period. It states that your solicitor has fully explained to you that upon exchange your contract is unconditional and should you not complete the purchase, you will forfeit the 10% deposit to the vendor and may also be sued for damages by the Vendor.
Joint Tenants: All parties jointly own the whole property. On the death of one party the survivor automatically becomes entitled to the property. If a joint tenant dies without a will, his or her interest in the property will still pass to the other owner. Tenants in Common: Each of the tenants in common owns a separate fraction of the property and may sell it without the other consent, or leave their share in their Will to anyone they choose.