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Conveyancing Articles

REIQ Contract Changes

You may have heard of changes made in new editions of residential REIQ contracts released in January 2022. Some of these changes have the potential to delay or even lead to termination of your contract if not addressed. So, what do you need to kno...

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Simultaneous Settlement

Buying or selling property is widely accepted as one of life’s major stress factors. When you buy and sell property at the same time, and try to complete both transactions together this can add considerably to the stress levels. This is known...

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Preparing for your purchase

Ready to start looking for that dream home or perfect investment? Many of our clients, particularly first-time home buyers, come to us in the early stages of their purchase bewildered with the process of sales negotiations and the conveyancing pro...

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House damaged before settlement?

What happens if your house is damaged before settlement? You’ve checked out the neighbourhood, negotiated with agents and vendors, signed contracts and loan documents, organised the removalists and finally await the settlement date with grea...

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Selling or buying residential property?

From July 2018, buyers of some residential property will be obliged to withhold and pay 10% of the purchase price to the ATO, at settlement. As you may be aware, the term ‘phoenix company’ is sometimes applied to a company which is del...

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Foreign resident capital gains withholding

Changes in the foreign resident capital gains (‘FRCGT’) withholding regime apply to all vendors disposing of certain taxable property under contracts entered into from 1 July 2017. A vendor is treated as a foreign resident in relation ...

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What is an easement?

In general terms, it is a right to use property belonging to someone else, for some specified purpose, in common with the owner, and possibly others. Unlike a lease which grants exclusive use of property, easements grant specified rights to specif...

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Going guarantor

It is very easy to understand why when asked to go guarantor by a member of your family or a close friend (the borrower) who wants to buy a home, that you would be willing to go guarantor. But there are risks that you should be aware of if the bor...

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Verification of identity in property transactions

Verification of Identity (VOI) is a process used to confirm a person’s identity. Lawyers and other parties involved in property transactions have an obligation to ensure that the person claiming the right to deal with land is legally aut...

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Buying off the plan

The term buying off the plan usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or not yet built. Buying off the plan can refer to the p...

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Traps to avoid when buying property

Buying a home is the biggest investment or financial outlay that most of us will make in a lifetime. It is critical to your financial future that you make well-informed decisions when you purchase a property, whether for your own home or as an inve...

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Property at auction

Things you need to know BEFORE the auction day Buying a property can often be an intimidating process, especially at auction where you are competing with other buyers and there is no cooling off period. Properties are often sold at auction, parti...

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Ken and the team at Garland Waddington are very knowledgeable and I have the utmost respect for them. Everyone I deal with always makes me feel like they have my best interests at heart.
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