Common Questions


Don't be afraid to ask.

We treat all your questions as important, and will always provide an answer.

What is Conveyancing?

Conveyancing is the transfer of the right, title and interest in the land from one party to another. This includes the land with its improvements, fixtures, fittings and listed chattels.

What are disbursements?

Disbursements are monies paid out by Liz Lavin Conveyancing in obtaining searches such as a Title search and rate and planning certificates. The amount of these disbursements will vary depending on the transaction.

Are conveyancing costs negotiable?

Most definitely. We can give you a fixed price which will include our fees and disbursements.

What is meant by 'Buyer Beware'?

Once you sign a contract of sale and the vendor accepts your offer, you are bound to the contract. Protect yourself by checking :
  • that the dimensions shown on the Title to the land correspond with the dimensions of the land on the ground. If you are not comfortable with doing this yourself, we suggest that you obtain the services of a surveyor.
  • obtain a building inspection report
  • obtain a pest inspection report.

What is meant by 'Vendors Obligations'?

Before a contract of sale can be signed by a purchaser you as the seller must provide the buyer with a Vendors Statement (also known as a Section 32 Statement). This document provides the buyer with certain information about the property, such as the zoning, services, rates, but to name a few. Please note a contract signed without first providing a Vendors Statement is voidable by the buyer.

What is 'Cooling off'?

You may have the right to "cool off". If you intend to cool off you must provide written notice of your intention to do so within three (3) clear business days from the date you sign the contract. There are exceptions to this right. These are listed on the front page of the contract.

What is the difference between a chattel and a fixture?

A chattel is a moveable good such as a television aerial or a dishwasher for example, where as a fixture is an item which is affixed to the land or the building and becomes part of it, such as heating and airconditioning. It is important to note in the contract what items are to form part of the purchase, so there are no disputes over what is to remain with the property and what is to be removed.

What should I do if my purchase is subject to finance?

If you are obtaining finance to assist with your purchase you should ensure that the contract specifies a period to allow you to obtain finance approval. It is important to note that you must notify the vendor, in writing, by the due date of one of the following:
  • you have approval of finance;
  • you require an extension to obtain approval of finance; or
  • you withdraw from the contract as you have not received approval.
If you do not notify the vendor by the due date noted in the contract, the contract will become unconditional and you will be bound to the contract.

Do I need to arrange insurance?

Although the property remains at the risk of the Vendor until settlement, it is recommended that you take out your own insurance cover upon signing the contract. If obtaining finance your lending institution will require this insurance with their details noted prior to settlement.

What is the difference between joint ownership and tenants in common

Joint ownership means that the property automatically passes to the survivor on the death of one of the owners. Whereas tenants in common, means that each party owns either an equal share or designated share in the property and may deal with their share as they see fit. For example in the event of death of any party, the party's share may be left to a beneficiary in the person's will.

What else should I check?

If buying vacant land or the property adjoins vacant land
  • what is proposed for the land around you
  • does the zoning affect your intended use
  • has the land been filled
  • are there easements or restrictions affecting the land
If there are buildings on the land
  • have any buildings been built without a building permit
  • are there any structural defects
  • do the appliances work
If there is a swimming pool or spa
  • Is the swimming pool or spa fenced, if not, what are council requirements

The above list is by no means exhaustive. We suggest you seek advice before proceeding any further.

You will no doubt have many more questions that are specific to your transaction. Such as, whether you are entitled to the First Home Owners Grant, Pensioner Concession, or whether GST will apply.

We suggest that you contact liz@lizlavinconveyancing.net so we may answer YOUR questions

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