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Sale of a House
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A brief summary of what you can expect from us if we undertake the legal work for you on a sale.
Draft the terms of the sale agreement or if one has already been signed then review and explain the issues.
Review any warranties in the small print which might leave you vulnerable – such as lack of building permits or unresolved council requisitions.
Chase the Agreement through to unconditional and obtain release of any deposit paid by the purchaser.
Attend to any Body Corporate issues.
Ask your bank or other secured lenders for releases of mortgage and settlement statements.
Apportion rates with the purchaser and arrange final water reading.
Attend to settlement and loan repayments. Release of keys.
Notify Council and Water Care Ltd of change of owner.
We can help you deal with the following matters:
To limit your liability if you undertook any building works on the property including any structural changes or additions without completing Council building consent requirements, or if you are aware that any former owner has undertaken such works. Perhaps you bought the house accepting that some Council permits or other matters were incomplete or unsatisfactory.
If you are aware of any problems notified on the Council file or by Council letter to you, e.g. a stormwater problem.
Leaky building syndrome issues.
If you want to vacate the property but leave existing rubbish or other materials on site.
The giving of possession of the house on a day other than the settlement date.
Allowing the purchaser to undertake works to the property before settlement (generally not recommended).
Tenants remaining in the property: transfer of bond and other issues. Apportionment of rent with the purchaser.
If you are selling as “vacant” then you need to allow a clear 42 days notice in writing to the tenants to vacate. It is advisable to personally deliver the written notice to the tenants.
Cash-out clause : if you want to retain the opportunity to consider a better offer before the purchaser makes the sale contract unconditional