Whenever there is legal title exchange between a buyer and a seller of a property, or the granting of a lien or mortgage, you need a Property Lawyer to help with the preparation of the sales documents (conveyance of property). This is known as Conveyancing.
At Kirkby Law, we have two qualified Property Lawyers or Conveyancers. Our experienced lawyers will help you through all stages of buying or selling a property to ensure that your home, land or investment property documentation is compliant with the local State legislation and forms a valid legal transaction. We will guide you through loan transactions and work with you through the contract stage and pre-&-post settlement.
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MONEY BACK GUARANTEE
“We guarantee that as a client of Kirkby & Associates Lawyers, you will receive cost effective conveyancing services delivered in a timely manner. We will involve you in your transaction and communicate with you regularly, either by e-mail or telephone. Whilst we cannot guarantee outcomes we do guarantee your satisfaction with our service. If Kirkby Lawyers do not perform to your satisfaction please promptly inform us. We will resolve the issue to your satisfaction even if it means reducing your conveyancing fees”.
Your Lender (known as a “Mortgagee”), such as a Bank or Credit Union.
The Lender “holds” a Mortgage secured over the title to your property.
The Borrower is known as a “Mortgagor”.
The Lender holds the Certificate of Title for the property as security for repayment of the loan.
At settlement the vendor must completely move out of the property he is selling together with all of his furniture, rubbish and stored goods.
A purchaser will usually conduct a final inspection of the property on the morning of settlement to ensure that the property will be left vacant by settlement time.
All goods and/or rubbish stored under the house, in the garage or in the roof, should be removed prior to settlement.
A Contract for the purchase of a block of land in a larger parcel of land that is yet to be subdivided or an apartment in a building yet to be built or is in the course of construction.
The Contract is conditional upon registration of the plan of subdivision or strata plan.
It is very important you are able to identify the block of land or the apartment in the proposed plan to ensure you purchase the correct property.
“Off the Plan” transactions usually span a long period of time, from the date of exchange of the Contract to the date of settlement.
The Department of Lands requires us to provide information in order the local Council, water authority and the Valuer General are advised of the purchase. In addition, we also advise these organisations that you have purchased the property. We advise the strata manager if you have purchased a strata property.
No, we attend the settlement for you as this is included in our fees. However, if you would like to attend your settlement and watch what happens, please let us know.
A single register is created for each land holding. All details and interests affecting the land such as easements and covenants are then recorded on the register.
Each property in NSW is given a unique computerised reference number – a Folio Identifier consisting of the lot number in either a Deposited Plan or Strata Plan.
Contrary to a popular belief a “strata title” is a Torrens Title.