If you have any question in relation to your property sale or purchase, we would love to hear from you!
Please see below a few commonly asked questions: –
What is a Section 66W Certificate?
A Section 66W Certificate is a cooling off waiver which waives your cooling off rights. This Certificate can only be issued by your Licensed Conveyancer when you are 110% ready to commit to the purchase following satisfactory property inspections, finance approval and the contract being reviewed in detail. Once this has been issued and Contracts exchanged you will be locked into the Contract and bound to proceed with your purchase.
What does buying off the plan exactly mean?
It is exactly as it is printed – you are purchasing a property straight off a draft / proposed plan as the actual property does not yet exist. Please contact us for more information.
Do I need a Solicitor if I have a Conveyancer?
No. Licensed Conveyancer’s specialise in Conveyancing and Property Law. Since this is all that we do, we are specialists within this area. We also hold full professional indemnity insurance.
Do I have to have a 10% deposit to buy a property?
Not necessarily. A 10% deposit is the standard deposit payable however you can negotiate with the Vendor to have them accept a 5% deposit which is commonly accepted. Another option is to arrange a deposit bond or bank guarantee if you don’t have any cash available.
When do I take out building insurance?
The risk of damage to the property is the sellers up until completion or until the purchaser takes possession of the property, therefore the seller is liable until the date of settlement (unless you take up early occupation of the property). This means you need to ensure your insurance policy commences as of the date of settlement.
Are Top Notch Conveyancing’s professional fees Competitive?
Our fees are very competitive however we may not be the cheapest in town. Please remember that you only receive what you pay for – if you pay cheap you may receive a cheap service! We like to live up to our name on the service front – “Top Notch”.
I am looking to purchase in QLD, can you assist?
No, the laws are very different from state to state and in order to be on top of our game, we only attend to property located within NSW. On a positive note, this means we can assist you with any Sale / Purchase property within the whole of NSW.
What is Stamp Duty and when is Stamp Duty due?
Stamp Duty is a government charge that is payable on a scale depending on your purchase price. Please click the link on our site to calculate the amount of Stamp Duty you may need to pay. Stamp Duty is due within three (3) months of the date of exchange. If you purchaser off-the-plan you may be entitled to a further twelve (12) month extension for payment of this.
What is the difference between Joint Tenants and Tenants in Common?
Joint Tenants is where the parties own an equal share in the property and means that if one of the owners of the property dies, the property is automatically transferred to the surviving proprietor irrespective of what is stated in their own Will while Tenants in Common is where the parties can own the property either in equal or unequal shares and should one of the parties pass away then that person’s share is transferred pursuant to what is in their Will.
What is formal loan approval? I have pre-approval. Is this good enough?
Formal loan approval is when your bank has done their final checks on the property you have found to ensure they are happy with the security and that they value the property at the same price you are purchasing the property as to save any issues with your finances and the amount of money you put into your purchase. It is very important you have formal loan approval in place prior to proceeding with your property purchase otherwise you are at risk of the bank not approving your loan for that property and your deposit may be at risk.
Do I need a Survey Report?
It is wise to obtain an identification survey so that you know there is no encroachment onto your property and vice versa. This is also the only way to know that the boundary fences are in the correct fences. If no Survey Report is obtained a Title Insurance Policy is recommend.
Do I need a Section 149D Building Certificate. What exactly is this?
You can apply to the Council for this Certificate. This certificate if issued, prevents the council from taking any action within a seven (7) year period to have the buildings or any part of them demolished or altered. Council may instead of issuing the certificate issue a work order on the property which may put you in an undesirable situation. Council will also not attend the property without an up to date Survey Report. An alternative is Title Insurance to safe guard your purchase.
What is Title Insurance?
During the transaction with any property purchase, there are a number of risks present which even the most stringent due diligence cannot guard against nor prevent. To protect against these types of risks you should consider a Title Insurance Policy which is a one of fee with the premium starting at under $500.00. Title Insurance includes protection again several issues including, illegal building structures, fraud, forgery, misdescription of land, boundary disputes, easements and zoning problems all of which can result in a significant financial loss.
I am not a first home purchaser but am buying a brand new property. Am I entitled to any government grants?
Yes, you may be eligible. Please contact us for more information.
I am a First Home Buyer. Are there any benefits I am entitled to?
This all depends on the type of property you are purchasing. If you are purchasing a block of land with intent to build or a buying a brand new property or an off the plan purchase then you may be eligible for a Stamp Duty Concession / Exemption and / or $10K First Home Owners Grant. Please contact us for further information and to determine if you would be eligible.
How much does a Pest, Building and Strata Report cost and are they really necessary?
Yes these are extremely important. A pest and building report costs between $350 – $450 depending on the type of property you are purchasing and a Strata report is $295.00. Given the amount you are spending on your new property, the cost for these reports are minimal in the scheme of things and should always be obtained.
I am thinking of selling my property. What do I need to do?
Before your property can be put on the market and shown to any perspective buyers, the agent requires a Contract for Sale of Land (otherwise there is a $20K fine for both you and your agent!). In order for a Contract to be prepared we have a Questionnaire that needs to be completed and returned to us. It normally takes 1-5 working days for a Contract to be prepared subject to necessary searches being returned. Please contact us for further information.
I am selling a property with a swimming pool. What do I need to do?
You must have registered the spa / swimming pool and have a Certificate of Compliance (or non-compliance). The property cannot be sold without this. If you have not arranged for an inspection of your Swimming Pool (or spa) then we suggest you arrange for this as soon as possible through either Council or a private pool certifier. For further information please either contact us or see http://www.swimmingpoolregister.nsw.gov.au/
Do I have to attend Settlement?
No, we attend to this on your behalf. Should your settlement occur manually in Sydney CBD we will arrange a city agent to attend on your behalf. Should we settle via PEXA, we settle electronically where we attend to this on your behalf. PEXA fees do apply.
What is PEXA?
This is the platform used to settle electronically. There are many benefits to settle electronically which includes a purchaser being registered on title instantly once settlement goes through and funds are disbursed. There are also no bank cheque fees that you would need to pay for. If you are selling, you also receive your money as cleared funds within around 30 minutes from settlement. By 1 July 2019 all transactions in NSW will only be able to settle electronically. There is a PEXA fee to use their platform which is currently $107.80.
Do I need to attend to a final inspection?
Yes you sure do. We suggest you attend to this on the morning of settlement (if possible) to eliminate something occurring between the time of when you inspect the property and when settlement actually goes through and you receive keys to your new property.
When can I collect Keys and where do I collect them from?
As soon as settlement is effected, we will call you straight away to notify you of settlement. Anytime after settlement you may collect keys which are normally held with the Real Estate Agent.
What happens with Council / Water / Strata when I buy / sell?
We take care of all of this for you and will ensure any debt is cleared on the property. We also attend to the adjustment of these rates on your behalf so the rates are paid up to date at the time of settlement. We also notify Council / Water / Strata of the new owners details therefore there is no need for you to contact them at all.