Conveyancing + Property Law
Property Experts
WITH AN EXTENSIVE PROPERTY LAW AND CONVEYANCING TEAM
Conveyancing From Start To Finish
Kelly Kelly Legal boasts a dedicated team for property law and conveyancing, offering comprehensive services in all South Australian property-related matters. Our thriving conveyancing practice blends the latest cutting-edge technology and personal contact to ensure a seamless conveyancing process tailored to your specific needs, no matter where you are located in Australia.
Expect an easy to understand process, straightforward conveyancing fees and excellent communication – making your property transaction experience as smooth and as stress free as possible.
If you are looking to buy or sell, ring Kelly Kelly Legal today to speak to one of our highly qualified solicitors for a quote.
Contact UsWe can assist you with:
- Buying and selling residential, rural and other properties
- Private contracts
- Business conveyances and settlements
- Commercial property settlements
- Leases (farming and commercial)
- Land divisions
- Caveats
- Private mortgages
- Family transfers
- Agent’s searches and Form 1 preparation
- Contract reviews
- Form 1 or Form 2 reviews
- General property advice
Frequently Asked Questions
What will my Conveyancer do for me?
Your conveyancer will ensure that you satisfy each of the legal requirements necessary for buying, selling or transferring property. Some of the duties include:
- Prepare, clarify and lodge legal documents, for example contract of sale, memorandum of transfer
- Conduct research about the property and its certificate of title. This includes checking for easements, type of title, caveats and any other information that needs addressing
- Place and hold deposit money in a trust account
- Calculate the adjustment of rates and taxes (these include Council, SA Water, Emergency Services Levy & Land Tax Rates)
- Settle the property which includes; liaising with the other party’s conveyancer, contact your financial institution, if applicable, regarding how and when the final payments are to be made and received, represent your interest with a vendor or their agent
- Ensure all special conditions in the contract are fulfilled before settlement
- Submit applications to Revenue SA for any grants you may be eligible for such as First Home Owners grant
- Lodge all necessary documents with the relevant agencies
- Inform relevant authorities regarding change of ownership after settlement.
- Attend settlement on your behalf
How much does a Conveyancer cost?
Our fixed professional fee for purchase or sale transaction is $1000.00 plus GST for a straightforward residential sale. However this does not include any out of pocket costs and verification of identity. Please contact us for a quote.
What is a cooling-off period?
Under the Land and Business (Sale and Conveyancing) Act 1994, when a person signs a contract to buy residential property, that person will have a cooling-off period of two clear business days. This law protects a purchaser who may have hastily agreed to purchase a property. The cooling-off period commences with the last to occur of either the signing of the contract or the service of the Form 1. Note that there are transactions, for example an auction purchase, where a cooling-off period is not applicable.
What is Rates Adjustment?
The conveyancer for the seller and buyer work out what proportion of the rates each of the parties pay at settlement. If the rates have already been paid by the vendor to the end of the billing period, then the vendor will receive a credit from the date of the settlement (or date of adjustment for a late settlement) to the end of the billing period.
I have signed a contract wth a special condition of subject to finance. What is the next step?
The next step is to contact your bank or financial institution to arrange the finance detailed in your contract. You will also have to pay the deposit to the trust account of the vendor’s agent after the cooling-off period has expired.
It is prudent to choose a conveyancer who will complete all the legal paperwork for transacting the property at this stage of the transaction.
If I'm selling property, when am I locked into a contract?
You are locked into a contract once you have signed a contract to sell your property. This means that you are legally obliged to go through with the sale. If you want to back out of a contract after it has been signed, you will need to speak to a solicitor regarding your options.
What happens if I withdraw from a contract to buy a property?
This would depend on the stage of transaction. The following are the three common situations where buyers want to withdraw from a contract:
- Withdrawal before vendor has signed contract: As long as there is no written acceptance by the Vendor, the buyer can still change their mind by giving the real estate agent written notice that you are withdrawing your offer.
- Withdrawal during the cooling-off period: you will not incur any legal repercussions however, you will have to forfeit the holding deposit. Any larger deposit will be returned to you. Note that a cooling-off period does not apply to an auction purchase.
- Withdrawal after cooling-off period and after special conditions of the contract have been satisfied: This is a difficult situation as the buyer is considered to have defaulted on the contract. Most residential contracts state that if the buyer defaults, the vendor retains the deposit as “liquidated damages” and can further claim default penalties and compensation for any losses experienced and their conveyancing fees. Furthermore, the buyer will have to pay their own legal, conveyancing and any building valuation and inspection costs.
