Residential Conveyancing

We take care of your property transaction from start to finish.

Why Choose Saunders & Co Solicitors for your conveyancing matter:

  • Professional & Experienced;
  • Personal Service & Care of your Property Transaction; and
  • PEXA – Electronic Settlements

We service all areas of Queensland & NSW.

We provide a high-quality, low-cost and hassle-free conveyancing service.
You receive guaranteed fixed prices, and we guide you through every step of the transaction from review of your Contract to Settlement.

Let us be your legal guide through the conveyancing process when buying or selling property in Queensland or New South Wales.

Property Law

Residential Conveyancing

For many of us, our single biggest investment will be in property. A number of people are prepared to do their own conveyancing. However, if you misunderstand a document, a clause in the contract or a search result, this misunderstanding could end in expensive and unnecessary litigation and loss.

If a person decides to do their own conveyancing, but a dispute occurs and they find themselves out of their depth, it is advisable to immediately seek assistance from a solicitor. Important contractual and statutory time limits may apply, and rights may be lost if not exercised strictly within time limits.

Therefore, we always recommend you engage with a Solicitor or Conveyancer to do your conveyancing prior to executing a Contract.

First Home
Buyers &
Investors

Whether this is your first time buying a property, or you are an experienced investor, we guide you through every step of the process and ensure you are made aware of important dates, as well as other key considerations.

It is advisable to have a Solicitor peruse the contract. It may also be a good idea for a builder, architect or some other expert in the field to inspect the property before you execute the Contract to ensure that it is soundly constructed and to estimate how much repair work may be necessary after the house is bought. Alternatively, the contract may be made subject to a building and pest inspection condition.

Our Property Solicitor aims to take the stress out of your matter, providing you with a smooth property transaction.

It is also advisable to have a finance condition to ensure you can provide finance for the property.

Our first letter to you, drafted in plain English, offers straight-forward, jargon free advice on the laws that affect your transaction. Our first letter also outlines all of the essential items you must be aware of during the important stages of your matter. We then guide you through every step of the process, which is invaluable for reducing delays and stress often associated with real estate transactions.

 

We also look ahead to Settlement date. This can often be a stressful time for you, so our experienced team are able to foresee any potential issues which may arise and minimising issues which could arise.

 

The process is different for each State so please contact our office for further information.

Sellers

As you are selling an important asset, we take the time to discuss the aspects of your sale which are important to you. By having these discussions with our Property Solicitor prior to signing a contract, this assists in avoiding any issues which might impede or adversely affect your sale.

We will work with key stakeholders in your transaction to ensure you achieve the best result possible. We will liaise with your Agent to ensure the terms of your sale are advantageous to you and key milestones are achieved. We will also liaise with your outgoing bank to ensure it is ready for Settlement.

The process is different for each State so please contact our office for further information.

Retirement Homes

Retirement should be a stress-free period of your life.

Buying into a Retirement Village is quite different from buying a home.

The transaction can be complicated especially at a time when you may be feeling vulnerable, indecisive, and uncertain about your future.

It is very important that you seek out legal advice so that you properly understand the documents you are signing and what your rights and obligations are.

There are several ways of owning a Retirement Unit in a Retirement Village, the most common ways are:

  • Lease a unit in the retirement village under a long term lease; or
  • Buy the Freehold Title to a unit in the retirement village; or
  • Hold a Licence to occupy a unit in the retirement village.

Before signing any retirement village contract, you should consider many things such as bringing pets, will you have your own garden to tend to and exit fees.

When you decide to move into a retirement village you will be provided with a Public Information Document which details your rights and obligations as a resident of your selected retirement village and also the operators of the retirement village.

Contact our team to discuss this further with our Property Solicitor.

Rural Properties

Rural conveyancing requires specialist advice and experience usually in regards to following areas:

  • water entitlements;
  • compliance with government agency requirements;
  • general land law;
  • crown leases; and
  • other due diligence matters peculiar to rural properties.

The above is not an exhaustive list, they are examples of the considerations which should be given prior to entering into a Contract for a rural property. Other property specific provisions such as environmental factors which are unique to the property and licensing requirements should also be considered.

Family Transfers

Transferring property titles between family members is a common occurrence.

There are a number of reasons why property is transferred from one family member to another, including the following:

  • death in the family;
  • divorce;
  • subdivision of larger estates;
  • inheritance;
  • gifting; or
  • buying and selling among family members.

There are usually three main steps related to a family property transfer:

  1. First, is deciding how to transfer the property, such as by gift, sale, or holding change.
  2. Second, is determining the property registration costs and stamp duty fees to allow the transfer, as well as obtaining advice from your Accountant and Financial Adviser in regards to any further taxation implications from the transaction.
  3. Third, is transferring the property.

 

There are a number of items to consider when transferring property titles between family members. Therefore, it is important to speak to our Solicitors further before engaging further in the process.

Freehold Commercial Premises
Purchases and Sales

Buying a commercial property is ‘more involved’ than buying a residential property. There can be complex contract terms, detailed planning information and additional legal and commercial implications if the premises are leased.

The sale of each commercial property is a unique transaction and general terms in the contract will usually be negotiated and varied by the parties.

The sale of commercial premises can attract GST obligations. Whether or not you are required to pay GST on the sale price of the property can make a significant difference to your cash flow.

Our Property Solicitor can help you negotiate the contract and ensure that your interests are protected during the process.

Leases

A lease is a contract that outlines the terms of possessing a property for a specified time at an agreed fee.

Different laws and conditions apply depending on the type of business operated at the premises, location of the premises and the length of the tenancy. Failing to understand your rights and the terms of your lease may cause you to breach your lease or lose important rights.

The terms of a lease are negotiable so it is important that your legal and financial advisors inspect the lease to be sure the terms are fair, such as the following:

  • duration of the lease and right to renew or end the lease before it expires;
  • restrictions of local town planning laws on types of services or goods that can be traded and trading hours;
  • landlords’ obligations to maintain the building in which the premises are located;
  • limitations to your ability to transfer or assign the lease if you decide to sell, and the expense involved (transferring a lease may still leave you with some liability for the rent);
  • types of insurance required;
  • restrictions on the removal of fixtures and fittings;
  • consequences of failing to pay rent or other breaches of the lease;
  • payment of a security deposit;
  • terms of any personal guarantee and indemnity; and
  • impact a lease may have on a franchise agreement.

Leases are legally binding so it is important to have a Solicitor thoroughly check the lease before you sign it. Our Property Solicitor can help you to avoid expensive misunderstandings that could cost you money and your business.

Bank Guarantees

Bank guarantees are often used as security provided to protect the rights of the Bank from default of the Borrower. It is important that the Borrower and Guarantor understand the legal effects of entering into these arrangements and the potential liabilities that they can cause.

If the Borrower fails to settle a debt, the Guarantor will cover it. A bank guarantee enables the customer, or debtor, to acquire goods, buy equipment or draw down a loan with you guaranteeing repayment of the debt. These types of arrangements are often for the purchase of a business or in some instances helping the children acquire a home loan (sometimes referred to as the mum and dad Bank) are becoming increasing popular, but they are not without significant risk.

Contact our office to discuss obtaining a Solicitor Certificate for your bank guarantee.

Loans and Mortgages

Not all loans and mortgages are with a bank.

There are a lot of reasons why you might enter into a loan arrangement with a family member or a friend. People loan money to their children, grandparents, grandchildren and even siblings. If the loan arrangement is documented appropriately, then this arrangement can be of great benefit to all parties involved. Likewise, if you do not put family and friend loans in writing, there can be consequences for all parties.

Documenting a loan in a written agreement and having all lenders and borrowers sign the agreement, is an important step.

There are circumstances that may mean that your loan needs to be documented in a more formal way to ensure your protection – especially if the loan document is challenged.

It is important that the document be properly drawn and accurate, so we suggest you engage our office to assist with this. The borrower should also consider getting their own independent legal advice regarding the loan.

The most common inclusions in a loan deed may include:

  • Background and intention of the loan;
  • The amount of the loan;
  • Interest payments;
  • Regular loan repayments;
  • The period of the loan;
  • If there is to be security for the loan, such as a mortgage or caveat registered onto the title of the borrower’s property;
  • Loan period; and
  • The parties to the loan – should it include the borrower’s partner?