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In this consultation we will explain your contract requirements and costs.

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FAQs

Have a question?

Read answers to some of our most commonly asked questions. If you still have questions feel free to contact us and let us know how we can help.

Selling

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Buying

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Selling

Do I need to come to your office?

No. Our communications with you and all other persons involved in the transaction are conducted by phone and on-line.

When you engage us, we’ll book a video conference with you and go through questions about your property and your contract requirements. This conference will take about 45 minutes.

We’ll then quickly provide you with a written report, and a draft contract incorporating terms tailored to your circumstances.

What general form of contract does Quick Convey prepare?

We are required by law to attach certain documents to your contract, and always ensure that these are attached.

Our contract terms are otherwise intentionally simple and market standard.

You will benefit from a clear contract statement of seller and buyer rights and obligations, drafted to manage your risks and requirements in fair and reasonable terms.

We avoid overly complicated contract terms that could result in unnecessary time wasting negotiations with buyers and their lawyers.

What are usual requirements under a sale contract?

Usual requirements under a sale contract generally include that:

  • the buyer will on the contract date pay a deposit of 10% of the purchase price to a nominated trust account;
  • a settlement date is agreed, commonly 42 days after the contract date;
  • the buyer pays the balance of the purchase price on settlement, when title to the property is transferred;
  • the buyer accepts the property in its current condition;
  • the buyer agrees to an appropriate financial adjustment on the settlement date of council rates, water rates, land tax and any strata levies.
What if my home has a swimming pool?

If your home has a swimming pool, safety laws require that the pool has to be registered with and inspected by your local council. The council will issue an occupation certificate or certificate of compliance if the pool satisfies safety regulations, and will issue a non-compliance certificate noting defects if the pool does not satisfy those regulations.

If you are selling a home with a swimming pool, the law requires that your contract attach a copy of the occupation certificate, certificate of compliance or certificate of non-compliance.

A certificate is not required to be attached if your property is a strata lot (in a block of more than 2 lots) and the pool is common property.

What if my home has undergone a rebuild or renovation?

In certain circumstances the law requires that your contract attach copies of authority or insurance documents if residential building work has been carried out on your property.

We will ask you whether such work has been carried out and advise what (if any) documents in relation to that work must be attached to the contract.

What if my home is leased?

If your property is leased to a tenant, we’ll ask all relevant details to ensure either that the tenant has vacated before settlement or (if the buyer lease is to continue after settlement) that the tenant has no further claims against you after settlement.

Do I need to obtain any reports about my home before selling?

To manage risk and satisfy government requirements, you will sometimes need a pest and building report, survey report or swimming pool certificate.

We’ll help you find an experienced person to perform the required the report or certificate work.

What if a seller has died?

We are used to dealing with one or more deceased sellers.

Normally, we’ll need a copy of probate or letters of administration.

If you don’t have these yet, no problem. We will help you through the process quickly.

What is verification of identity (VOI)?

We are required by law to identify each seller individually via a very formal process called verification of identity (VOI). Through this process we must view faces and confirm addresses with seller photo identification and other documents.

We can do this by video conference but, if that isn’t possible, we’ll provide you with information on how to obtain the required VOI from one of our identity agents.

What is the sale contract cooling off period?

A cooling off period of 5 to 10 days after the contract date applies for the sale of residential property in New South Wales. A buyer may rescind the contract without any reason during this period.

The cooling off right is waived if the buyer’s lawyer provides a “cooling off certificate” (also known as a section 66W certificate).

The cooling off right also doesn’t apply if the property is sold:

  • by public auction,
  • on the day it was offered for sale by public auction but passed in, or
  • pursuant to the exercise of a valid option to purchase.
How is my contract signed and entered into?

Your contract documents will be issued and signed online

So the contract can be reviewed or signed by you and the buyer anytime and anywhere.

Once the contract is finalised, we manage the online signature process via the DocuSign program which guarantees that the contract cannot be (accidentally or deliberately) altered before or after it is signed by you or the buyer.

How is my contract settled?

Settlement of all sales in NSW occur via an online system called PEXA.

This system provides you the benefit of same-day receipt of sale proceeds.

We’ll need your written authority to operate this system on your behalf.

What fee does Quick Convey charge?

We offer a fixed fee conveyancing fee quote during your free initial consultation.

When we give this quote, you’re under no obligation to use us. But if you choose to use us then 50% of the fee is paid upfront, using a credit card or debit card.

The other 50% is paid on settlement, from settlement proceeds. You’ll pay this only if your property is sold.

What third party expenses do I pay in addition to the Quick Convey legal fee?

In addition to our fees, there are third party charges (which we call “disbursements”) because:

  • the government requires you to include certain land title documents and authority certificates in your sale contract,
  • a buyer expects us to use the Law Society copyright printed sale conditions,
  • we are obliged by law to have your identity verified in accordance with strict rules, and to conduct a company search if the property owner is a company, and
  • when we get to settlement of your sale, authorities and banks impose charges on the processes of property transfer and registration

We will confirm the third party charges when we ascertain them. But to give you a rough idea in advance:

  • for authority and Law Society certificates and documents, suppliers charge on average $300 – $400 for a house and $400 – $500 for an apartment,
  • verification of identity service providers charge between $10 (if verification can be conducted online) and $100 (if the verification must be attended personally),
  • if you own your home in a company name, company searches cost about $50, and
  • property transfer and registration costs currently average about $300.

Buying

I've found a home I want to buy, what next?

Before going any further, contact Quick Convey to check the contract for any red flags. After you are satisfied with the contract,  you can start your offer process and get your inspection reports completed as well.

Do I need a lawyer or conveyancer before signing a contract?

Yes, buying a home is a major legal commitment, so consult us before you sign anything. We will draw your attention to any unusual contract conditions and seek to negotiate with the vendor if you want those conditions changed or deleted.

Do I need to come to your office?

No. Our communications with you and all other persons involved in the transaction are conducted by phone and on-line.

We’ll review the owner’s contract document, discuss it with you and confirm whether contract negotiation and/or property inspections are required before you enter into the contract.

We’ll also provide a 66W (cooling off waiver) certificate if it’s appropriate to do so in your case.

What else do I need to do before buying a home?

You should get a pest and building inspection (for houses) or strata records inspection (for units) either before entering into a contract (if available) during the contract cooling off period. These reports will help you identify any current or future issues which could be costly to fix.

What is a cooling off period?

A cooling-off period starts when you enter into a contract to purchase and ends 5 business days later. During this period, you may get out of the contract by notifying the owner.

A 10-business day cooling-off period applies for properties sold “off the plan” (ie apartments or land lots that are not yet built or formally subdivided).

A cooling-off period does not apply if you buy a property at auction or enter into a contract to buy on the same day that the property is passed in at an auction.

If you get out of a contract during the cooling period, you must pay the vendor a penalty of 0.25% of the purchase price ($250 for every $100,000 of the price).

What is a 66W Certificate, and when and why should I give it?

The certificate is effective only if it is signed by a conveyancer or lawyer acting for you.

Most property owners will ask you to give this certificate, and some owners will not deal with you unless you do.

Provision of the certificate is almost always requested if a property is about to be auctioned.

Before giving the certificate, you should have your home loan approval in place and be satisfied with inspection reports.

Contact us immediately to provide a s66W certificate if you are being requested to give it. We will discuss whether it is wise to give it before we do.

What are usual requirements under a sale contract?

Usual requirements under a sale contract generally include that:

  • the buyer will on the contract date pay a deposit of 10% of the purchase price to a nominated trust account;
  • a settlement date is agreed, commonly 42 days after the contract date;
  • the buyer pays the balance of the purchase price on settlement, when title to the property is transferred;
  • the buyer accepts the property in its current condition;
  • the buyer agrees to an appropriate financial adjustment on the settlement date of council rates, water rates, land tax and any strata levies.
What if the home I want to buy has a swimming pool

Safety laws require that the pool has to be registered with and inspected by your local council. The council will issue an occupation certificate or certificate of compliance if the pool satisfies safety regulations, and will issue a non-compliance certificate noting defects if the pool does not satisfy those regulations.

None of these certificates is required if the property is a strata lot (in a block of more than 2 lots) and the pool is common property.

What if the home I want to buy is leased?

If the property is leased to a tenant, we’ll ensure either that the tenant vacates before settlement or (if you and the tenant want the lease to continue after settlement) that the lease terms are acceptable to you.

How is my purchase contract signed and entered into?

Contracts can be issued and signed either online or on paper. We prefer (and will assist in) contracts being dealt with online, because that is far more efficient and convenient, but we can this only if the owner agrees.

How is my contract settled?

Settlement of all sales in NSW occur via an online system called PEXA. We’ll need your written authority to operate this system on your behalf.

What is verification of identity?

We are required by law to identify each buyer individually via a very formal process called verification of identity (VOI). Through this process we must view faces and confirm addresses with buyer photo identification and other documents.

We can do this by videoconference but, if that isn’t possible, we’ll provide you with information on how to obtain the required VOI from one of our identity agents.

What is stamp duty?

Stamp duty is a tax imposed on a property buyer. The tax is very expensive and must be paid before a property can be transferred into your name (and no later than 3 months after a contract is entered into), so is important to be confirm the stamp duty cost before entering  into a contract to buy a property. We will do the calculation for you.

What fee does Quick Convey charge?

We offer a fixed fee conveyancing fee quote during your free initial consultation.

When we give this quote, you’re under no obligation to use us. But if you choose to use us then $110 of the fee is payable in advance for a contract review or provision of a section 66W certificate, using a credit card or debit card.

The balance of the fee is payable when the contract is entered into.

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