Conveyancing & Property

Why choose our service for your conveyancing matter? We have worked in the real property law area for more than 14 years.

Our clients include large property developers, individual clients, family trusts and superannuation funds. From land acquisition, finance, tax advice, business structure to property settlement, our knowledge and experience plus strict procedure and intensive checklist will help you achieve a successful result.

If you are a proposed purchaser:

We understand how you feel confused in buying a property. Before you sign the contract or place an offer, ask the agent for a copy of contract for sale of land and send to our property lawyers to review. We aim to review your contract in a timely manner and contact you to discuss the main contractual terms and request any necessary amendments on your behalf.

In some circumstances, we will encourage you to order a strata report, building inspection report or pest report before exchange of contract, since the purchaser’s right to rescind the contract due to a defect in title to or quality of the inclusions is restricted.

Based on our thorough understanding of the current policies, we will also provide accurate advice regarding the GST, stamp duty exemption or concession, first homeowner grant and so forth to make sure you receive the maximum benefits you are entitled to. If you are an overseas purchaser, we will advise you of the FIRB application, vacancy fee and surcharge stamp duty and land tax issues.

After exchange of contract, we will do our part including running searches, booking settlement with the vendor’s solicitor and incoming mortgagee, preparing settlement adjustment sheet and advising settlement and shortfall figures.

If you are a proposed vendor:

When you intend to sell a property owned by you, the first step is to find our property lawyers to prepare a contract for sale of land and provide it to the agent for marketing.Failure to fulfil the vendor’s disclosure obligations will entitle the purchaser to rescind the contract without forfeiting any deposit paid. We work prudently to make sure all the prescribed documents under Conveyancing (Sale of Land) Regulation 2017 are updatedand attached to the contract prior to exchange of contract.

Following exchange, we will order the land tax certificate and Foreign Resident Capital Gains Withholding (FRCGW) Clearance Certificate and serve the purchaser’s solicitor in due course. As toforeign resident vendors for tax purposes, we will also advise you of the FRCGWamount to be paid to the Australian Taxation Office. You are encouraged to seek independent financial advice as to the possibilities of applying for the FRCGW variation and GST discount.

If the property to be sold is mortgaged, we will also apply for the discharge of mortgage to the outgoing mortgagee on your behalf, advise payout figures and split the sale proceeds according to your instructions.

Equipped with sharp legal knowledge and profound practical experience, we have worked closely with the agent, the other side solicitor, the strata manager, the broker and the mortgagee and the authorities and secured smooth settlements in various conveyancing matters. Our work is greatly appreciated and highly recommended by our clients.

Our conveyancing services include but are not limited to:

  • Acquisition of land and due diligence
  • Off-the-plan sale and purchase
  • Off-the-plan on sale
  • Review of the contract for sale of land
  • Preparation for the contract for sale of land
  • Put and call options
  • FIRB application for overseas purchasers
  • House and land packages

Related Article

Land Tax

If you own land in New South Wales and the value is above the land tax threshold, you may have to pay land tax unless you are exempt.

One main exemption is called the Principal Place of Residence (‘PPR’) exemption. Each family can only claim the PPR exemption for one property and the land should generally be used for residential purposes.

You need to continuously use and occupy the land as your PPR from 1 July to 31 December before the relevant tax year. In the case of joint owners, then at least one person needs to satisfy the requirement. The question of whether the land was continuously used and occupied is assessed objectively. That means, although your intention to live in the property is relevant, it will be considered against the actual number of nights you spent living in the property.

For people who spend a lot of their time overseas for work or other reasons, it is likely that if you spend more time in the overseas property then the Australian property will not be considered to be your PPR. You might allow your family to use the property, but to claim the exemption your family member should be a joint owner of the property.

There are many concessions for the requirement to use and occupy the land as your PPR. For example, if you live in your property continuously for at least six months and then leave, you can claim the PPR exemption for up to six years. However if you own or occupy another place of residence in those six years, then the concession will not apply.

If you disagree with the land tax assessment, you may submit an objection to the Chief Commissioner of State Revenue. There are also options for further review.

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