PRIOR TO MAKING THE OFFER
Do your homework to determine the total costs involved in buying a property
Be aware that settlement timeframes promised by lending institutions/mortgage brokers often don't eventuate. It is prudent to allow at least 21 days to obtain finance approval, and a further 21 days for the institution to complete their mortgage documentation and be in a position to complete settlement.
Be very careful when making a "cash" offer. If there is any uncertainty about your ability to finance the purchase, it is always recommended to make your offer subject to finance approval.
When deciding a settlement date, allow sufficient time for all documentation and enquiries to be completed. (i.e. bank documents, conveyancing documentation and enquires, moving arrangements and time for special conditions to be fulfilled). We recommend a minimum of 30 days when no banks are involved or 42 days if any lending institutions are involved in the transaction.
Should you require certain conditions to be met prior to settlement, be sure to include these on the Offer and Acceptance. Never assume any condition is automatic. If in doubt, give us a call.
Consider which name or entity you wish to register the title in. You must use your full legal name.
You cannot change the purchasing party details on a contract after it has been signed. If the ultimate purchaser on the transfer varies from the Offer and Acceptance, the Office of State Revenue may view this as an "on sale" and you may be liable for additional stamp duty.
AFTER MAKING AN OFFER
If finance is a condition of your offer, make application and provide all necessary documentation to your lending institution as soon as possible.
The finance condition is not satisfied until an unconditional approval is provided by the bank and you have accepted the finance offer. If a conditional finance approval is given, ensure you attend to the conditions immediately to enable the provision of an unconditional approval.
Provide us with contact details for your lender so we can expedite preparation of their mortgage documents and liase with them throughout the settlement process.
If you have not received mortgage documents for execution from your lender 10 days prior to settlement, contact them direct to urgently request the documents. Should their documents be received later than this, it may cause a delay to settlement and you could be exposed to penalty interest for delayed settlement.
We recommend you exercise your right to inspect the property 7 days prior to settlement. This allows you the opportunity to ensure any special conditions on the contract have been satisfied and the property is in the same state of repair as when you made the offer.
We will notify the Water Corporation, local authority, strata company (if applicable) and Office of State Revenue of the change of ownership and attend to payment of any outstanding charges. It is your responsibility to notify the other utilities (i.e. Western Power, Alintagas, telephone provider and insurance company) of the ownership change.
Always advise us if you are going away during the period prior to settlement. We can then make arrangements to ensure you have executed all documents prior to your departure.
Stamp duty must be paid prior to settlement. If your lender has allowed for the stamp duty within the loan, it is your responsibility to ensure this amount can be made available for payment prior to settlement. If you have any queries in this regard please contact us.
Time is always of the essence. Be certain to sign all documents as soon as is practicable.
Should the property be vacant and the contract is not subject to any existing tenancies, you are entitled to possession immediately following settlement. If the seller resides in the property, vacant possession must by provided by 12.00 noon on the day following settlement.
Please do not amend any conveyancing documents without contacting us first. As all documents are legal in nature, any alterations are only to be completed in the prescribed manner.
A certificate of currency for insurance should be arranged prior to settlement. Your lender will also require evidence of this.