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HOME | LEGAL INFORMATION | CONVEYANCING - QLD | PURCHASING A PROPERTY - LEGAL...

Purchasing a Property - Legal Requirements


This information has been provided by Australian law firm, Australian Conveyancing Services and is applicable in Queensland only.

In Australia the whole legal transaction of buying/selling a property is called ‘Conveyancing’. The law sees the transfer of ownership in a property as important, and there is a process that must be followed by the Seller and the Buyer.

This process is normally more involved for the Buyer than the Seller. The Buyer has to make sure that the Title to the property is clear and this is an important task, as it involves doing various searches of the property. Also the Buyer is responsible for drafting up the transfer documentation and stamping it, as well as organizing their finances. 

The things that you as a Buyer will do as part of a normal conveyance for Queensland property includes:
  • Entering into a Contract of Sale. You need to ensure that any special conditions that you need in the Contract are inserted. Normally the Real Estate agent will draft up the Contract for the parties, but it is always advisable to get a Lawyer to look over the Contract before you sign

    If you are doing your Conveyance through Legalmart, a Lawyer will look over your Contract as part of the price of the service for you
  • Fulfilling the Buyer conditions that are included in your contract. For instance, Building or Pest inspection reports, and finance
  • Talking with your Financier to make sure you get any moneys you are borrowing by the settlement date, and signing mortgage documents
  • Arranging the necessary searches over the property
  • Drafting the transfer documents

If you are thinking about buying a property, please consider using our online conveyancing service. The service is fully interactive and includes full information on how to arrange the above requirements.  For more information, click here.

If you are using the Legalmart conveyancing service, our award winning program drafts the documents for you, and they are checked by your Lawyer Support as part of the service.

  • Stamping the transfer documents
  • Attending at settlement to hand over the balance purchase price and to get various documents you need to transfer the ownership (if you have a Financier, they will attend at settlement as well and take these documents on your behalf)
  • Go to the Titles Office and lodge your documents for registration of the transfer of ownership (if you have a Financier, they will do this on your behalf)

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