Property Buying Guide

Things to consider when purchasing a property include:

CHECK CONTRACT:
You should examine the Contract of Sale and Vendor’s Statement (often referred to as a ‘Section 32’). Make sure you understand what each term means.
GET LEGAL ADVICE:
The Contract & Vendor’s Statement should be checked by properly qualified property lawyer prior to signing the Contract. Contact us.
DO YOUR HOMEWORK:
You should visit the property at various times in the day to assess the noise, traffic, neighbours and smells. Check that the price you propose to pay is in line with comparable market prices.
DOCUMENT ALL PROMISES AND COMMITMENTS IN WRITING:
Make sure anything verbally promised to you by the selling agent or the Vendor, is then documented in writing in the Contract.
INSPECT:
Inspect the property carefully, as ‘buyer beware’ is the ruling principle that applies in all purchases. If in doubt, get a professional building inspection. You might also consider a pest inspection be obtained prior to signing the Contract.
MEASURE LAND:
Measure the land to confirm the area on Title accords with its physical size and distance from the nearest cross street.
RESTRICTIONS:
You should check whether there are any restrictions as to use.
EASEMENTS:
An easement is an interest in land which grants a person the right to use the land of another. The most common form of easement is where a Government authority has the right to run electrical mains or drainage through private property. Another example is where a neighbour has the right to use the driveway of an adjoining property. It is important to check for any registered easements (which appear on Title) and unregistered easements (private agreements).
CHATELLS & FIXTURES:
Chattels and fixtures will be listed in the Contract. Check the Vendor’s inclusions and exclusions.
RENOVATIONS, EXTENSIONS & RECENT BUILDING WORK:
Has the house has been recently built or renovated? You should check with the local council to ensure that the seller obtained the appropriate building permits. Illegal alterations could become your responsibility. Also, check whether you will have the benefit of any builders warranty insurance or owner builders warranty insurance covering the building works for a certain number of years. Owner Builders must provide certain promises (Warranties) in their Contracts.
RATES & TAXES:
Make sure you consider the annual outgoings applicable with the purchase of the property, including Council rates, Water rates and possibly Owners Corporation (formerly Body Corporate) fees and land tax fees.
GOVERNMENT CHARGES:
Consideration should be given to government costs such as Stamp Duty and Titles Office fees.
CONNECTION OF SERVICES:
You should ensure that all services you want are connected, such as gas, electricity, water, sewerage and telephone.
ZONING & TOWN PLANNING:
It is important to check the zoning of the property. Is a residential dwelling located in an industrial zoned area? Can you keep certain types of animals as pets on the property? The local Council should be contacted to check whether there are any breaches of the zoning and planning provisions.
FUNDS:
Determine your budget and arrange finance. If finance is an issue you should consider making the Contract conditional upon you obtaining finance?
FOREIGN INVESTOR:
Are you a foreign investor? Will you need to obtain the approval of the Foreign Investments Review Board?
AUCTION:
Do you need someone to help you bid at Auction? A ‘buyers advocate’ may be able to assist you.
COOLING OFF:
You may be entitled to cool off (due to change of mind) and therefore cancel the Contract in limited circumstances and within a limited timeframe of making your offer to purchase.

This list is not exhaustive and you must consult a properly qualified legal professional before signing a contract of sale of real estate. Contact us for further information.

Buying Unit, Flat, Townhouse

Additional things to consider when buying unit, flat or townhouse include:

COMMON PROPERTY
INSURANCE – COMMON PROPERTY
INSURANCE- BUILDING
RULES
LOT ENTITLEMENT & LIABILITY
OWNERS CORPORATION MEETINGS

Buying Off-The-Plan

Additional things to consider when buying off-the-plan include:

WHAT ARE YOU BUYING?
CONTRACT SPECIAL CONDITIONS
LOT ENTITLEMENT & LIABILITY
SUNSET CLAUSE
STAMP DUTY BENEFITS

Buying Vacant Land

Additional things to consider when buying vacant land include:

SOIL TEST
WORK CLOSELY WITH THE COUNCIL
BUILDING COSTS
ZONING & PLANNING
GST

Buying Commercial and Industrial

Some of the things to consider when buying commercial and industrial include:

ZONING & PLANNING
LEASE
CONTAMINATION
BUILDING STRUCTURE
GST

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NOTE: This is information of a general nature only and cannot be relied upon as all encompassing. You must seek legal advice specific to your purchase and never commit to an agreement unless you have obtained that legal advice. Contact us for further information.

Government Charges, Restrictions, Funds...