Have your finances in order early
If you need finance to fund your purchase, meet with your chosen lender or mortgage broker early on in your search in order to get loan pre-approval (sometimes called approval in principle) and ascertain how much money you can borrow. This way you will be ready to act as soon as you see something you’re keen to buy, with your lender quickly able to give you final loan approval for your purchase if you meet all of the necessary criteria.
Engage a conveyancer or lawyer
To undertake the conveyancing work for your purchase you will need to engage a solicitor or a registered conveyancer. Solicitors are often recommended when contracts are not straightforward and are likely to require complicated legal work. However, as experienced conveyancers specialise in conveyancing work they are ideal in most circumstances. In fact, many law firms employ registered conveyancers to undertake their conveyancing work.
Check the title of your chosen property
Freestanding houses generally have a freehold title, however, other titles exist for different property types and come with their own legalities. Many apartments, townhouses and villas are Strata Titled, which is a system for handling the legal ownership of a portion of a building and will incur quarterly strata fees. Less frequently you will come across a Company Titled apartment, a system which effectively means you purchase shares in a building rather than a designated space. Restricted Company Title means that you may not be able to lease out the property.
Carry out all necessary due diligence
The building inspection process is an important part of the legal checklist for buying property. We can provide you with a list of accredited building inspectors.
Additionally, it is recommended to get a Land Information Memorandum (LIM) report, which is a summary of information that is held on a property.
LIM reports are often supplied by the Seller if the property is for sale by Auction or Tender. Alternatively they can be requested from Council at a cost of approximately $275.00
Have your deposit ready.
When buying at auction you will need to pay a 10% deposit on the day to secure your purchase. This can be done in the form of a personal or bank cheque or by way of internet banking. If you are buying a property via private treaty, you will need to pay the deposit as your conditions of contract dictate. Commonly, on signing and acceptance by both parties or upon unconditional date. Make sure you have the deposit organised several days in advance if possible to avoid any complications.