Frequently asked questions
Conveyancing is the process of moving the legal ownership of property or land from one person or entity to another.
The best time to get help with conveyancing is as soon as you decide to buy or sell real estate and BEFORE you sign anything.
The simple answer to this question is no, you don’t need a lawyer, but at Settle Easy you’re in luck – we have experienced property lawyers and expert conveyancers to help you with all your conveyancing needs.
Whether you are buying or selling property, our services are set at a fixed price.
The only cost variable relates to disbursements.
We don’t want you to be worried about the word ‘disbursements’ – it’s just an everyday legal term used to describe out of pocket expenses and all property transactions in Australia will incur some of these.
We’ll always be upfront about your conveyancing costs, so as soon as you ask us to help you, we can provide you with an estimate of how much your disbursements are likely to be.
These out of pocket costs all depend on the type of property you have bought or sold and where that property is located.
Our experienced team specialise in all types of conveyancing including:
- residential properties
- large scale off the plan property developments
- properties within trust structures
- properties for self-managed superannuation funds (SMSFs).
We offer conveyancing services throughout Victoria, New South Wales ,Queensland, Western Australia and SouthAustralia. We will soon expand into other Australian states and territories.
At Settle Easy, we are committed to keeping you updated every step of the way.
As a registered customer, you will be able to track each stage of your transaction and you will have a dedicated conveyancer to guide you through the process and answer any questions you may have.
Fees are generally paid on settlement.
Every property transaction in Australia will incur some out of pocket expenses that are an everyday part of conveyancing transactions. At Settle Easy, we’ll provide you with an estimate of what these out of pocket expenses are likely to be for your property.
Local councils and government bodies have different fee schedules for these searches which vary from state to state.
These expenses may include:
- council and water rates searches
- planning and heritage searches
- title and encumbrance searches
- water meter readings
- road authority certificates
- land tax clearance certificates
- Environment Protection Authority (EPA) certificates
- owner’s corporation/body corporate/strata title certificates.
These include:
- transfer duty (formerly known as stamp duty)
- land title registration fees
- verification of identity (VOI) fees
- PEXA fees
- optional extras such as title insurance.
Local councils and governments around Australia all have different fee schedules which is why there is no flat rate for the ‘out of pocket’ part of your Settle Easy conveyancing.
We may or may not have to pay to complete the following – it just depends on what type of property you have bought or sold and where it’s located.
- council and water rates searches
- planning and heritage searches
- title and encumbrance searches
- water meter readings
- road authority certificates
- land tax clearance certificates
- Environment Protection Authority (EPA) certificates
- owner’s corporation/body corporate/strata title certificates.
These are fees charged by land titles offices which vary from state to state. They apply to documents including the transfer, mortgage and discharge of mortgage.
There are no reductions, concessions or exemptions available on land title registration fees.
Transfer duty (commonly known as stamp duty) is payable when you acquire property even if you receive that property as a gift.
This duty is calculated on either the purchase price or market value of the property, whichever is highest. You can use this transfer duty calculator to calculate an estimate of transfer duty that may apply to your transaction.
This is a legally binding agreement between two parties outlining the terms of purchase or sale of real estate.
To avoid disappointment and disputes, it’s important to know the difference between chattels, fittings and fixtures and to clarify what items are being included in the sale of the property.
The Contract of Sale will normally list what chattels will remain with the property and if any fixtures or fittings will be removed from the property prior to settlement.
Chattels are usually goods that are not fixed to the land or property by anything other than their own weight. These might be things like furniture and appliances that belong to a current property owner.
Fittings and fixtures, on the other hand, refer to items that are generally attached to the land or property by means other than its own weight and where damage may be caused to the property if they are removed. Some typical fixtures or fittings would be things like fixed floor coverings, hot water systems, built-in wardrobes, cooktops, ceiling fans and ovens.
When buying property, the best way to ensure all items you want left at the property is to include them in the Contract of Sale before it’s signed.
If you are selling property, we recommend you maintain home insurance right up until the time of settlement.
Things can (and sometimes do) go wrong between signing the contract and final settlement. A current home insurance policy can protect you against all sorts of accidental damage and legal liability.
We also strongly recommend you insure property you are buying as soon as you sign the contract because the Contract of Sale might specify that the property becomes your risk from the contract date.
This protects you in the event the seller does not have any or enough insurance in place to protect the property in the event of damage. If you need a loan to purchase the property, your financier will usually insist that the property is insured with their interest noted on the insurance policy prior to settlement.
Generally, settlements take either 30 or 60 days according to the terms set out in the Contract of Sale. If all parties agree, longer or shorter settlement terms can be arranged.
Most settlements are now conducted electronically, so funds are made available the next business day.
At Settle Easy, conveyancing transactions are settled electronically in an online environment.
Your conveyancer will liaise with all parties involved and advise you when settlement is complete.
We will let you know as soon as your settlement has been successful so you may collect the keys and start moving in.
If you have sold a property, we’ll also let you know when settlement is complete and when the buyer will collect the keys.
A utility provider is an organisation that supplies electricity, gas, telephone and water usage.
It is the responsibility of buyers and sellers to notify all utility providers of a change in property ownership.
Settle Easy will let the authorities responsible for water rates, council rates, land tax and owners corporation/body corporate/strata management know that a property has changed hands once settlement is complete.
SettleEasy ABN 83 649 413 605 (Settle Easy, we, us, our) is committed to protecting the privacy of your personal information. Our privacy policy explains how Settle Easy manages the personal information that we collect, use and disclose and how to contact us if you have any further queries about our management of your personal information.
If you have any questions regarding Settle Easy’s Privacy Policy or would like us to send you a copy, please contact our Privacy Officer at privacy@settleeasy.com.au
Our privacy policy may be amended from time to time. The current version is the one shown on our website.
