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Isn't buying or selling a property anywhere in Australia just the same?

No - each State in Australia has its own laws that deal with property and the conveyancing process. These laws can be very different between states and it takes years of experience for a lawyer or licenced conveyancer to fully understand the complexities involved in a property conveyance in their state.

lawlab has a team of lawyers and licenced conveyancers who are experienced in each of their respective states or territories.

New South Wales

In New South Wales there is an obligation on the seller to disclose certain information about the property (known as prescribed documents). If the information is incorrect then the buyer may be able to cancel the contract.

If you are selling your property you will be required to have a sale contract prepared before you advertise your property for sale. You should also consider what special conditions are suitable for your circumstances.

If you are buying a property then it is highly advisable to have the sales contract reviewed so you don't have any problems later on. You may need to act fast so you don’t lose out to other interested buyers. It is also an increasingly common practice in the sale of popular properties for the seller to require the buyer to waive their cooling off rights.

lawlab are expert property conveyancing lawyers with NSW offices in Sydney, Nyngan and Cobar.

Victoria

In Victoria there is an even more onerous obligation to disclose information about the property (known as a section 32 vendor statement). This also needs to be accurate or the buyer may be able to cancel the contract.

As there is a more limited cooling off period in Victoria applying to most residential sales (but not sales by auctions) buyers need to obtain legal advice quickly if they haven’t already done so before signing a contract.

lawlab are expert property conveyancers with a Victorian office in Prahran.

Australian Capital Territory

lawlab office: Canberra

Property ownership in the ACT is leasehold (as opposed to freehold for most residential property in other states).

There are also strict seller disclosure obligations and the seller is required to obtain a building, pests and energy rating inspections before the property is advertised for sale.

The property is at the risk of the buyer soon after exchange (similar to QLD) and so buyers need to obtain insurance as quickly as possible.

lawlab are expert conveyancers with an ACT office in Canberra.

Tasmania

In Tasmania there is no current seller disclosure regime but there will soon be. There is also no cooling off period for buyers so they should always obtain legal advice before signing a contract.

lawlab are a high quality conveyancing law firm providing conveyancing and property services to Tasmania.

Queensland

lawlab offices: Fortitude Valley, Surfers Paradise

In Queensland the onus is on the buyer to conduct its own investigations on the property as there are limited obligations on sellers to disclose information about existing dwellings.

It is more common for real estate agents to complete the standard form contracts and attend to exchange of contract. Buyers should therefore obtain legal advice on the contract and conduct necessary searches on the property as soon as possible after exchange.

The usual settlement period of 30 days is shorter than most other states and time is of the essence so the buyer’s and seller’s lawyers will need to be able to act quickly.

lawlab are expert property conveyancing solicitors with Queensland offices in Brisbane & Gold Coast.

Northern Territory

lawlab (trading as All Conveyancing) office: Parap

The Northern Territory also has limited seller disclosure obligations and the buyer must make its own investigations. It is common for contracts to be conditional upon satisfactory inspections by the buyer within 10 business days from the exchange of contract.

There are some unique laws in the NT and it is essential to have local professional knowledge.

lawlab are expert property conveyancers with a Northern Territory office in Parap known locally as All Conveyancing.

Western Australia

There are strict verification of identity requirements for buyers and sellers in Western Australia (similar to those South Australia and recently in Victoria).

Buyers do not have the benefit of a cooling off period.

lawlab are a national conveyancing firm providing conveyancing and property services to Western Australia.

South Australia

In South Australia the seller is required to provide a statement about the property (known as a Form 1). The buyer is entitled to a 2 business day cooling off period after having received both the Form 1 and the contract.

It is more common in South Australia than other states to obtain title insurance instead of conducting searches on the property.

lawlab offer a fixed conveyance fees and provide conveyancing and property services to South Australia.

Summary

If you are a seller, lawlab can prepare your sale contract quickly and accurately and guide you through the sales process.

If you are a buyer then lawlab can review the contract quickly to give you some peace of mind and help you all the way to settlement.

lawlab offers fixed fee conveyancing Australia wide and has offices in Sydney, Melbourne, Brisbane, Gold Coast, Darwin & Canberra.

Testimonials

Company Facts

  • 1899 Lawlab was founded in 1899 and rebranded in 2000 by Ian Perkins and Richard Bootle
  • 15k Successful transactions have been handled by lawlab
  • 7billion Worth of transactions managed across Australia
  • 30k Lawlab proudly supports regional communities with $30,000 annually

Conveyancing Services

Please check your invoice to see an itemised list of our legal fees and any disbursements, together with the prices. To make an online payment click the Pay Invoice button and enter the amount listed on your invoice.

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Refund Policy - Lawlab does not offer any refund on services provided.

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