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Conveyancing

Conveyancing

Ensuring Strong Foundations For Business & Family

Before making any large purchase or investment in property, it’s crucial you know the facts.

Residential Conveyancing

Protect yourself and your family by engaging property lawyers who are experienced in the most complex of property transactions. Whether you are buying or selling, big or small, we can help you ensure a seamless transaction.

Commercial Conveyancing

Our lawyers have served businesses across all industries and you can be confident that the proper checks and searches will be carried out on your behalf. We work to advise you of your rights and to ensure the commercial property will be suitable for a profitable business.

Our experienced property lawyers can assist in the following areas:

  • Preparation of contracts for sale or purchase of land
  • Contract review
  • Property settlements and negotiations
  • Commercial and Retail Leases
  • Auction enquiries
  • Property developments
  • Property division
  • Land resumption

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“Fallu McMillan provided conveyancing for us. We had issues with the finance, and Fallu McMillan provided us with clarity and our rights, which helped to calm the nerves and consider our options. We managed to sort that out and proceeded to get the house in the end without any issues. Each step was simple, and our conveyancer (Marty) was always available to take our calls, respond to emails, and explain each step of the way. Will definitely use their services again in the future.”

— Gee Wyn

Frequently Asked Questions

What is the total cost of your conveyancing services, and are there any hidden fees?

The total cost of conveyancing services typically includes professional fees, disbursements (such as search fees), and GST. Our professional fees range from $800 to $1500, depending on the complexity of the transaction. We provide a detailed quote upfront, outlining all potential costs. There are no hidden fees, but additional charges may apply if unexpected issues arise that require extra work.

What searches do you recommend for the property I am buying, and what do they entail?
We recommend a comprehensive set of searches including title search, council rates search, land tax search, flood search, zoning search, and body corporate search (if applicable). These searches reveal important information about the property, such as any encumbrances, outstanding rates, zoning regulations, and potential flood risks. Though if you have any specific concerns, we may recommend further searches be performed.
How long will the conveyancing process take from start to finish?

The conveyancing process generally takes between 30 to 60 days from the date of signing the contract to settlement. The timeline can vary based on the specific conditions in the contract and the readiness of both parties to meet these conditions.

What happens if there are issues discovered during the building and pest inspections?

If issues are discovered, you have several options. You can negotiate with the seller to have the issues rectified before settlement, request a reduction in the purchase price, or, in some cases, terminate the contract if the contract allows. Your decision will depend on the severity of the issues and the terms of your contract.

Can you explain the cooling-off period and the penalties for withdrawing from the contract?
The cooling-off period in Queensland is 5 business days from the date you receive a signed copy of the contract. If you choose to terminate the contract during this period, you may forfeit 0.25% of the purchase price to the seller. This is designed to give you time to reconsider your decision without significant financial loss.
What are the key dates and deadlines I need to be aware of during the conveyancing process?
Key dates include the date of signing the contract, the end of the cooling-off period, deadlines for satisfying conditions such as finance approval and building inspections, and the settlement date. We will provide you with a timeline of these dates and remind you of approaching deadlines to ensure all requirements are met on time.
How do you handle adjustments for council rates, water, and other utilities?
At settlement, we calculate adjustments for council rates, water, and other utilities to ensure that both parties pay their fair share. For example, if the seller has paid rates for a period extending beyond the settlement date, the buyer reimburses the seller for the proportionate amount. These adjustments are detailed in the settlement statement.
What should I do if I cannot meet a condition, such as finance approval, by the stipulated date?
If you are unable to meet a condition by the stipulated date, you should notify us immediately. We can request an extension from the seller, although the seller is not obligated to agree. It is important to communicate any potential delays as soon as possible to explore alternative solutions.
How is the deposit handled, and what happens if the sale falls through?
The deposit is usually held in a trust account by the real estate agent or your solicitor until settlement. If the sale falls through due to the buyer failing to meet a condition, the deposit is typically refunded. However, if the buyer defaults without a valid reason, the deposit may be forfeited to the seller as compensation.
What are my obligations and rights if the seller does not vacate the property on the settlement date?
If the seller does not vacate the property by the settlement date, they may be in breach of the contract. You have the right to seek compensation for any additional costs incurred, such as temporary accommodation or storage fees. We would assist you in negotiating a resolution or, if necessary, pursuing legal remedies to enforce the contract terms.

Conveyancing

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