Strathalbyn Conveyancing can help you with:

Selling a Property

When selling, you need to ensure that the Contract of Sale has your rights and obligations covered. This can protect you from potential conflict later.

Sellers are locked in from the time they sign the Contract of Sale, so it’s essential that they fully understand what is being signed, and their obligations under the Contract.

Strathalbyn Conveyancing will check the Contract of Sale and provide advice on any modifications required. We will also conduct a ‘Verification of Identity’ interview and ‘sight’ documents to link the property to  ownership.

Sellers must give a Sellers Statement (Form 1) to the Buyer of the property. Strathalbyn Conveyancing conduct all the Title and Government Searches that are a critical part of the Form 1.

Once the Contract of Sale is signed by all parties and any special conditions satisfied, Strathalbyn Conveyancing can start the process of transferring the property from the Seller to the Buyer, including liaising with the Sellers bank (if required) and any other interests on the Title. They will adjust rates and taxes, and advise Council, SA Water and Revenue SA that the property has changed ownership.

It is a good idea to have your Conveyancer read your Contract of Sale BEFORE you sign it.

This is to ensure that you are aware of any conditions in the Contract, and that conditions favouring the buyer are included such as:

  • Requiring funds to complete settlement
  • Building and pest inspections
  • Needing to sell and settle your property before purchasing the new property
  • Vendor agreement to complete work on the property prior to settlement

As part of the property settlement, Strathalbyn Conveyancing make adjustments so that you only pay property costs (such as council rates and water charges) from the date of settlement, and not earlier. We prepare property transfer documents and ensure that the property being bought is rightfully and legally transferred to the buyers.

We will certify documents, conduct verification of identity interviews with our clients and explain the process so it is easy to understand. We also prepare the transfer and liaise with all parties to ensure a smooth settlement.

Buying a Property

Buying a Property

It is a good idea to have your Conveyancer read your Contract of Sale BEFORE you sign it.

This is to ensure that you are aware of any conditions in the Contract, and that conditions favouring the buyer are included such as:

  • Requiring funds to complete settlement
  • Building and pest inspections
  • Needing to sell and settle your property before purchasing the new property
  • Vendor agreement to complete work on the property prior to settlement

As part of the property settlement, Strathalbyn Conveyancing make adjustments so that you only pay property costs (such as council rates and water charges) from the date of settlement, and not earlier. We prepare property transfer documents and ensure that the property being bought is rightfully and legally transferred to the buyers.

We will certify documents, conduct verification of identity interviews with our clients and explain the process so it is easy to understand. We also prepare the transfer and liaise with all parties to ensure a smooth settlement.

Settlement

Settlement is the official legal process when the ownership of a property passes from the seller to the buyer. This is the final step in a real estate transaction.

The Settlement period is usually 30 days, however Off-The-Plan properties that are not built, can take years to settle.

Settlement duration and settlement date is agreed to between the buyer and seller of the property and is detailed in the Contract of Sale.

Adjustments of rates (council, water, strata) are calculated as at the day of settlement and included in the balance of funds payable on settlement. In some cases, there may also be a land tax adjustment.

SETTLEMENT DAY
The date of settlement is the day the contract is settled. Settlement Day is not easy to change, so when negotiating contract terms, ensure that enough time is allowed to complete required tasks, including allowing for bank time frames (if necessary).

On Settlement Day, your Conveyancer and the other party’s representatives exchange documents, including the Certificate of Title for the property, and organise for funds and ownership of the property to be transferred to the Buyer.

Property transactions are completed online making the process easier. Bank cheques are not required, which saves time and allows the seller faster access to funds.

SETTLEMENT STATEMENT
Once settlement has taken place, your Conveyancer will provide you with a final settlement statement to confirm how funds were distributed.

The statement details payments and receipts, deposit paid, land transfer costs, legal costs, and adjustments made for council rates, water and strata fees. Your settlement statement will include confirmation from your lender of your payout figure or loan amount.

This is the formal statement from the Seller about details of the property being sold, and cooling off rights.

It is a legal requirement for the Form to be provided as part of the sales process. The purpose of the Form 1 is to make the buyer of the property aware of any particulars of the property that could affect their purchase.

It’s in the Buyers best interest to read though the Form and consult with their Conveyancer to ensure they understand everything in the document.

Strathalbyn Conveyancing can check that the Form 1 has been correctly completed and provide advice on it’s contents.

Form 1

Form 1

This is the formal statement from the Seller about details of the property being sold, and cooling off rights.

It is a legal requirement for the Form to be provided as part of the sales process. The purpose of the Form 1 is to make the buyer of the property aware of any particulars of the property that could affect their purchase.

It’s in the Buyers best interest to read though the Form and consult with their Conveyancer to ensure they understand everything in the document.

Strathalbyn Conveyancing can check that the Form 1 has been correctly completed and provide advice on it’s contents.

Verification of Identity

Your Conveyancer (or an agent appointed by the Conveyancer) is legally required to verify the identity of every client.

This requirement was introduced to reduce the risk of land title fraud in South Australia.

Your Conveyancer will explain what the requirements are and assist you through the process.

They must certify each document lodged with the Land Services SA Office and verify that you have the authority to enter into the property transaction.

Strathalbyn Conveyancing can assist and give advice to land owners who are considering subdividing their property.

We prepare documentation required to subdivide land once a plan has been lodged at Land Services SA by a Surveyor. We have Surveyors who can give advice on potential Land Divisions.

A Surveyor will be able to divide the land and submit all the documents to Council for approval and consent.

Strathalbyn Conveyancing will work with your Surveyor to prepare the documents required and lodge them with the Lands Titles Office for ‘Deposit of the Plan’ and the ‘Issue of New Titles’.

The Plan SA website has lots of information on the Land Division process.

Land Divisions

Land Divisions

Strathalbyn Conveyancing can assist and give advice to land owners who are considering subdividing their property.

We prepare documentation required to subdivide land once a plan has been lodged at Land Services SA by a Surveyor. We have Surveyors who can give advice on potential Land Divisions.

A Surveyor will be able to divide the land and submit all the documents to Council for approval and consent.

Strathalbyn Conveyancing will work with your Surveyor to prepare the documents required and lodge them with the Lands Titles Office for ‘Deposit of the Plan’ and the ‘Issue of New Titles’.

The Plan SA website has lots of information on the Land Division process.

Rural Transfers

Buying or selling a farm?

Strathalbyn Conveyancing have extensive experience in this area and can assist with your rural transaction.

Farmland and rural property transactions differ from residential property transfers, all assets of the property including plant, equipment, stock, water rights, and more, must be considered.

Whether you are adding a new partner, or removing a person from the Certificate of Title, Strathalbyn Conveyancing can prepare the documentation you need to transfer property between individuals.

It is highly recommended that you seek legal advice from a Family Law expert as there could be repercussions later if the transfer is not done in accordance with Family Law.

A Binding Financial Agreement or Family Court Order is required in most matrimonial transfers to protect the interests of both parties.

During the transfer process Strathalbyn Conveyancing liaise with all legal and financial organisations to ensure Settlement is completed smoothly.

Family & Matrimionial Transfers

Family & Matrimionial Transfers

Whether you are adding a new partner, or removing a person from the Certificate of Title, Strathalbyn Conveyancing can prepare the documentation you need to transfer property between individuals.

It is highly recommended that you seek legal advice from a Family Law expert as there could be repercussions later if the transfer is not done in accordance with Family Law.

A Binding Financial Agreement or Family Court Order is required in most matrimonial transfers to protect the interests of both parties.

During the transfer process Strathalbyn Conveyancing liaise with all legal and financial organisations to ensure Settlement is completed smoothly.

Property Searches

Strathalbyn Conveyancing will complete a property search on the property you are interested in buying or selling.

These searches include contacting Local Council and Government Departments, conducting a Certificate of Title search and any other searches for anything that affects the property.

If you are buying an existing business or intending to sell one that you own, we can help you with the contract and settlement process.

We are able to assist with the following:

  • Preparation of Contract and Form 2
  • Provide advice and review Contract and Form 2
  • Business name and contact changes
  • Transfers or Assignments of Leases
  • Exchange of Funds
  • Adjustments of rent, rates and taxes

Business Contracts & Settlement

Business Contracts & Settlement

If you are buying an existing business or intending to sell one that you own, we can help you with the contract and settlement process.

We are able to assist with the following:

  • Preparation of Contract and Form 2
  • Provide advice and review Contract and Form 2
  • Business name and contact changes
  • Transfers or Assignments of Leases
  • Exchange of Funds
  • Adjustments of rent, rates and taxes

Deceased Estates

If one of the owners of a property passes away, Land Services SA must be notified.

Strathalbyn Conveyancing will guide you through this process, ensuring that it is a stress-free experience.

If the property was held as Joint Tenants, the property is able to pass to the survivor after lodging appropriate documentation.

If the property is held Solely or as Tenants in Common, a Transmission Application is needed which requires Probate of the Will. The Transmission Application allows for the transfer of the Deceased’s share of the property to pass to the Beneficiaries.

If you have been appointed as an Executor of a Will, you may be required to file an application for Grant of Probate or a Letter of Administration. You may also need a Transmission Application to be lodged once Probate has been granted.

Probate determines that the deceased’s property, or portion of the property, transfers to you – the Executor. From here you’ll be able to transfer the property onto the Beneficiaries.