1. Rich. Conveyancing: five questions, the first open
Questions people ask before they call
Do I need a lawyer or a conveyancer?
You deal with a conveyancer. The firm's property lawyers stand behind them and step in when a matter needs legal advice, without you having to ask.
You are told at the start who is handling your matter and how to reach them.
The agent wants me to sign today. Should I?
Not before someone has read the contract and the vendor statement for you. Send them to us first. You get a call that tells you what is in them and what to ask the agent. Before you sign, we check:
- the special conditions in the contract
- the vendor statement, also called a Section 32
- any covenant, easement or planning restriction on the land
- the settlement date against your finance
If you have already signed, call us straight away. As a buyer you may have a cooling-off period, and the searches can be run inside it.
Read the guide: What happens when I buy a property?
Can I sign if I am interstate or overseas?
Yes. Contracts can be signed electronically on a phone or a tablet, wherever you are. One client sold a Bendigo property after moving overseas, without printing a page.
How soon is the money in my account after settlement?
Settlement runs through PEXA, which pays cleared funds straight into your account. In one delayed sale the funds were in the client's account within 30 minutes of settlement.
What does it cost?
You receive a quote before any work starts. It sets out our fee and the costs paid to others: the searches, registration and any stamp duty.
2. The brief's three. Dealing with a deceased estate: three questions, all folded
Questions people ask before they call
Do I need probate?
Not always. It depends on what the person owned and how it was held. Each bank and share registry sets its own threshold, and a house in the person's sole name usually needs it. Bring what you have and you will be told.
How long does it take?
A straightforward estate is usually finished within six to twelve months. Probate itself takes a few weeks once the papers are lodged. The rest is waiting on banks, a sale, and tax.
Who pays for the funeral?
The estate does. Most banks will release money from the person's account to pay the funeral invoice before probate is granted.
3. One question. Easements and covenants, the barest state
The question people ask before they call
Can a covenant be removed from my land?
Often, but not always. There is more than one route, and the right one depends on the land, on who benefits from the restriction and on what the council will accept. You are told which route fits, what it is likely to cost and how long it tends to take, before you commit to one.