Our experienced conveyancing lawyers can help you sell your home so you can focus on moving with confidence.
What conveyancing do I need when selling a home?
Conveyancing involves transferring legal ownership of land from you to the purchaser. It involves a lot of paperwork and careful planning to make sure your property settles on time. Some of the work that conveyancers do includes:
- Reviewing your sales authority with the selling agent and assisting with any negotiations with the agent;
- Preparing and reviewing the contract of sale and other legal documents;
- Preparing your section 32 statement;
- Negotiating the contract of sale on your behalf;
- Dealing with the purchaser’s lawyers, bank and other professionals;
- Making sure all your paperwork is completed correctly;
- Making sure your land title is correct;
- Calculating any rates, taxes and other adjustments that the purchaser may need to pay you;
- Helping you settle on time; and
- Making sure you receive your sale money
What is a section 32 statement?
When you’re selling a property you have to give the buyer a section 32 statement before they sign the sale contract. This includes information about the property including:
When you’re selling a property you have to give the buyer a section 32 statement before they sign the sale contract. This includes information about the property including:
- Evidence as to title;
- If there is a mortgage on the property;
- Insurance requirements, including owner builder insurance;
- Any covenants, easements or other things that may mean someone else has an interest in the property;
- Any notices made in respect to the property;
- What building permits have issued with respect to the property;
- Details of any owners corporation;
- Disclosure of services;
- How the land is zoned (ie. residential or commercial);
- What the rates, water and other outgoings are; and
- Whether it’s located in a bushfire-prone area.
Your section 32 statement is a legal document so it must be correct or you could face legal action from the purchaser. A defective section 32 could lead to a purchaser avoiding the contract at any stage prior to settlement.
Why MNG Lawyers
Frequently Asked Questions
A conveyancer can also be a lawyer but they don’t have to be. They’re licensed professionals who can give people advice about buying a property. At MNG Lawyers your entire conveyancing process is overseen by Lawyers.
The Sale of Land Amendment Act 2019 requires that material facts about the property being sold be disclosed to the purchaser. A material fact is a fact that would be important to a potential purchaser in deciding whether or not to buy any land. The penalty for breaching the act is 120 penalty units or up to 12 months in jail.
If you suspect there are any issues with the property that a purchaser would want to know please discuss those with one of our lawyers.
Consumer affairs have published Material Fact Guidelines which can be found here.
You should engage a conveyancer before you put your home up for sale. This is because you will need them to prepare some documents to give to potential buyers, like a section 32. Once you have an offer, the conveyancer can also help you negotiate the sale contract and give you advice on what else you may need to make sure the transaction goes through smoothly.