Buying Property

Before You Start

The first round of decisions you will likely need to make is in regard to finance. Make sure you read everything thoroughly, from the pre-contractual statement which outlines the fees and charges to which you’ll be subject to the actual mortgage contract itself. Remember you are entitled to legal advice and are under no obligation to sign anything on the spot.

Pre-purchase Inspections

Once you have found a property you like, you will need to arrange a pre-purchase building inspection report and perhaps a pest inspection report. These are written reports about the condition of the property and helps you find out any potentially costly problems. You may be able to use this information to negotiate a reduction in the purchase price. If you’re not sure who to trust to do this inspection, talk to your lawyer. They will be well aware of which inspectors are worth hiring.

Making an Offer

If you’re happy to proceed, you can make an offer. You might be asked to pay a small sum as an initial deposit, but this is fully refundable if you don’t end up signing the contract. It does not mean that the property is yours yet either, as the agent can take other offers.

Signing the Contract

If your offer is accepted then take the contract you’ve been given to your lawyer/conveyancer and discuss your situation with them. There may be several things that can be negotiated in your favour, and you need to be absolutely clear on your rights and responsibilities before signing.

When you do sign the contract you will need to pay the 10% deposit, unless your lawyer/conveyancer has negotiated a special condition otherwise. This is held with the real estate agent and is released to the seller after the property is settled. If you don’t have 10% available your lawyer/conveyancer can advise in regard to getting a deposit guarantee in lieu of the cash.

Settlement

After the contract has become binding, your lawyer/conveyancer has a number of tasks to perform including:

  • Arranging payment of stamp duty
  • Liaising with the lender in regard to the mortgage
  • Checking with various government authorities to see if they have a vested interest in the property
  • Checking to see if there are any outstanding debts to local council
  • Calculating adjustments for council, water and strata rates
  • Making final checks on the title

On settlement day, the transaction will be take place electronically. During an electronic settlement the Transfer of Land is lodged with Land Use Victoria and the title registered into the names of the new proprietors. The settlement proceeds are distributed in accordance with the Statement of Adjustments and Vendor instructions. It generally takes approximately 30 minutes for an electronic settlement to be completed.

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