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We can Assist with Your Property Settlement

Our team of conveyancing lawyers and solicitors have extensive experience in the property settlement process. By engaging with Laird Lawyers, we can make your property settlement as easy as possible.

Conveyancing Lawyers & Solicitors

Buying or selling a property is one of the most important transactions you will make in your life, that’s why you need an experienced team of conveyancing lawyers & solicitors to act for you to ensure the transfer of ownership of the property is valid and meets all legal obligations.

 

Get in Touch With Our Property Conveyancing Lawyers In Perth Today

If you need assistance from a conveyancing lawyer to settle your property purchase or sale in Perth, get in touch with the experienced team at Laird Lawyers by calling (08) 6156 2700 today.


Property Settlement Perth

If you are selling or buying residential property, the transaction is very likely to use the REIWA offer and acceptance form which incorporates the joint form of general conditions for the sale of land.

If you are purchasing industrial or agricultural property, then you will likely need or tailored agreement to take into account the unique features of the property and its intended use.

If problems arise during the settlement process, you may also require legal advice from a property settlement lawyer to get things back on track, which is why using our lawyers can give you greater peace of mind.

 

What is a Property Settlement

A property settlement is the legal process of a property sale or purchase from contract negotiation through to registration of the legal transfer of the property.

 

 

The Property Settlement Process

Once you find your ideal property and put it under conditional contract. It is important to consider the special conditions which protects the parties during the due diligence stage as failure to satisfy a special condition allows a party to terminate the contract without penalty. In addition to the standard “subject to finance clause”, common special conditions deal with:

• terminate and pest inspection;
• building structural report;
• local Authority and State Authority approval of renovations and improvements; and
• swimming pools.

By the time the contract is signed, the parties should appoint or have already appointed a property conveyancer. The real estate agent will usually arrange for copies of the contract to be sent to our office to give us the details required to put a settlement plan in place and ensure the special conditions have been or will be satisfied in time.

Once all the conditions of the contract have been satisfied, the contract becomes unconditional and binding. At this stage, the buyer’s agent will arrange for various searches to be performed, including an Electronic Advice of Sale so that the seller can prepare a draft settlement statement.

The buyer will perform a final inspection of the property and the property conveyancers will liaise with a financial institution to ensure the documentation is correct and ready for settlement and that arrangements have been made for duty to be paid before or at settlement.

On the day of settlement, all parties meet, either in person or online using the PEXA system, to exchange documents and funds.

Once all is complete the conveyancer will notify the real estate agent to arrange for the delivery of the keys to the buyer.

The settlement or conveyancing process is the name for taking your property sale or purchase from contract negotiation through to registration of the legal transfer of the property.

Property Settlement Disputes and Complications

Not every property transfer is simple, which is the benefit of using Laird Lawyers. For example, sometimes there are caveats registered which need to be removed (either through the issuance of a 21-day notice or court proceedings), there may be issues regarding the boundary (such as the location of the fence) or deceased estate sales, which can be handled by our private client lawyers.

If the other party delays settlement by more than 3 business days, our conveyancing lawyers can attend to issuing a notice to the other party preserving your position with respect to costs and accrued interest.

Any other potential issues which arise can be handled by our team of property settlement lawyers without the need to refer to another professional who will need to spend time learning what has happened and working out the contentious ground between the parties.