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CONVEYANCING (BUYING/SELLING)

Buying a Home:

We at Crosby Brosnan & Creen know that buying and selling a home is one of the largest financial transactions that you will be involved in during your lifetime. Our goal is to minimise the stress to you when involved in this transaction by providing a top rate and efficient service that provides exceptional value for money. We can take the worry out of dealing with Banks, Lawyers, Real Estate Agents and Government Authorities that inevitably occur in this type of transaction. We will keep you informed as the transaction progresses and we are able to liaise with everybody involved to satisfactorily conclude the transaction.

We recommend you seek advice before you sign a Contract. Real Estate Agents are there to introduce a buyer to the property and they are not qualified to give legal advice on the Contract, or to draft or modify the standard Contract. As a buyer, you should always remember that the Agent acts on behalf of the seller and therefore is not in an independent position to give you any advice. When it comes to negotiations, we are experienced and will be able to guide you through the transaction to ensure that your interests are protected. Have the Agent fax a copy of the draft Contract to us before submitting it to the seller.

When selling a home:

As the seller of a property, your Agent will present you with a Contract signed by a prospective purchaser.

As part of our service, we will:

  • Check that all documents you are required to sign are in order;
  • Ensure all outstanding Government charges have been paid;
  • Liase with your bank about discharge of any Mortgage on your property; &
  • Ensure you are paid in full for the property.

Buying a Unit/ Townhouse:

Buying a home unit or town house is often more complex than buying a house. You not only purchase the property, but you also take on a relationship with other owners and the governing Body Corporate committee for the unit complex.

We again recommend that before signing any Contract to buy or sell a unit, you seek our advice as no standard Contract can deal with the individual circumstances of every transaction.

On purchasing the property, you will:

  • Own the dwelling itself and share the ownership of common areas such as lifts, stairwells, pools and front entrances with other owners; &
  • Become a member of a Body Corporate, which is regulated by fairly complex rules.
  • When selling your Unit / Townhouse:

Your Agent will present to you a signed Contract from the prospective purchasers for you to sign to bring into being a legal binding agreement. Before you sign the Contract, you should consult us and we will advise you on:-

  • The need to disclose details of any defect or outstanding liability;
  • The Disclosure Statement;
  • Your obligation to any existing tenant; &
  • If necessary, an extension of the date of settlement to suit your needs.

We will also:

  • Ensure all outstanding Government charges are paid;
  • Arrange repayment and legal discharge of any Mortgages over your property;
  • Check that all documents you are signing are in order;
  • Ensure that you are paid in full.

BUYING AND SELLING RURAL PROPERTIES

The Conveyancing Team at Crosby Brosnan & Creen have many years experience in dealing with rural transactions involving grazing, sugar and other rural properties. Remember that buying a rural property is far more complex than buying a house or home unit. Therefore, our experienced team like to be involved in the transaction at the negotiation stage to ensure that your rights are protected from the outset. There may be multiple aspects to a single transaction that require consideration before a Contract is signed and also during the completion of the Contract. We are able to assist you in preparing Contracts if you are selling by way of Auction or private sale. Before you attend an Auction we can obtain and peruse the Contract for you and when circumstances permit, we can attend the Auction to you. Our experienced team will consider such things as:-

  • Brands/Livestock;
  • Water Rights;
  • Land Clearing Permits;
  • Native Title;
  • DPI;
  • Minister's Consents;
  • Motor Vehicles/Machinery Inspection Certificates;
  • Workers' Compensation/Workplace Health & Safety; and
  • GST Implications.

These matters are in addition to the normal Government and Statutory searches that need to be undertaken and other adjustments that would occur at the settlement of such a transaction.

Legal Fees

Legal fees can vary depending on the nature of each transaction. Therefore talk to us about your matter and we will guide you as to what costs will be involved.

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Crosby Brosnan & Creen
Lawyers
326 Sturt Street
Townsville 4810
Queensland Australia
 
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