The Process | The Shire Conveyancer | Real Estate | Cronulla

Exchange of contracts

This is the making of the contract between the parties. There are two identical contracts, one signed by each party to the transaction and the contracts are "exchanged" so that each party holds the contract signed by the other party, the deposit is paid at this time and the contracts are dated on the day of exchange. It is at this point that the parties are bound to the transaction and the contract contains all the conditions of the sale.

Cooling off period

Purchasers have a period of 5 working days after exchange of contracts in which to "cool off", if they do so they forfeit to the vendor 0.25% of the sale price. There is no cooling off period if the contract is explained by the purchaser's conveyancer and a section 66W certificate is signed by the conveyancer. This is normally the case if the purchaser has had finance approval and all inspections are done before they enter into the contract.

Stamp duty

The amount of stamp duty payable on the contract is determined by the sale price of the property, the higher the price the higher the duty. Stamp duty is paid after contracts are entered into and usually before settlement of the transaction.

First home buyers stamp duty concessions

Please refer to the OSR site for the most up-to-date information
http://www.osr.nsw.gov.au/benefits/first_home/faqs/new_home/

First home owner grant scheme

Please refer to the OSR for the most up-to-date information
http://www.osr.nsw.gov.au/benefits/first_home/general/fhogs/

Finance

This must be organised before you commit yourself to the contract to purchase. The contract is not normally conditional on finance approval and once you are committed to buy you must complete the contract regardless of whether you have finance to do so or not. If you are unable to complete the purchase you stand to lose the deposit paid and also to be sued for any loss that the seller may incur.

Joint ownership

Title to property is held on one of two ways Joint Tenants, means that each person owns the property jointly and on the death of one of them the property automatically passes to the remaining joint tenant or tenants. Tenants in common, means that each person owns a share in the property and on the death of one party that share passes to whoever inherits their estate.

Insurance

Insurance risk passes on settlement day. All building insurance should be put in place before the purchase is settled. Your lender will want a copy of the policy before they agree to settle so this will need to be done a couple of weeks before settlement.

Final inspection

A purchaser is entitled to, and should always have, a final inspection of the property prior to settlement to make sure that the property is in the same condition as when first inspected and to see that all inclusions are left in the property.

Settlement

This is the day on which all monies are handed over in exchange for the title deeds and the day on which possession is given to the purchaser.

Deposit bond

A deposit bond is a guarantee of payment of the deposit to the vendor if the purchaser defaults. A bond is used in lieu of a cash deposit when the purchaser does not have the cash to pay as a deposit or for any reason that the purchaser does not want to pay a cash deposit. It is usually used when a purchaser is selling a property and all their assets are tied up in that property and they do not have the cash to put down on a property purchase. It is cost effective and while it can only be used if the vendor will accept the bond it is becoming more common practice as time goes by.

For extra reference please visit The New South Wales Government, Treasury, Office of State Revenue. Click here to go to OSR.