Property Law & Conveyancing

At the beginning of your property transaction, we take a structured approach to ensure you have all the information needed to make informed decisions.

1. Contract & Report Review
   We carefully review the Contract for Sale of Land along with any relevant reports, such as building, pest, and/or strata reports.
2. Providing Advice
   • Once our review is complete, we provide written advice, highlighting key terms, risks, and important considerations.
   • If the review is urgent, we may offer verbal advice through a consultation, guiding you through the contract and essential elements. This ensures you have the necessary insights when making an offer or bidding at auction.
3. Negotiation & Contract Exchange
   After advising you, we can negotiate contract terms based on our recommendations. If you successfully secure the property, we will also handle the exchange of contracts, ensuring everything proceeds smoothly.

Our goal is to make the process clear, straightforward, and stress-free, giving you confidence in your property transaction.

Yes! Before an auction, the contract can be reviewed, and key terms and conditions can be negotiated with the vendor’s representative. If changes are agreed upon, they should be formally noted in the contract before you sign it at the auction. On the auction day, you simply inform the auction staff of the pre-negotiated terms, ensuring a smooth and transparent process.

Where the terms are not amended at the time of signing, we can also contact the vendor’s solicitor to confirm the agreed changes discussed previously and ensure they are in writing after the auction.

A Section 66W Certificate waives the standard five-business-day cooling-off period when signing a property contract. This means that once signed, the contract becomes unconditional and legally binding on the purchaser.

Typically, the purchaser’s solicitor prepares and signs this certificate, which is then provided to the vendor’s representative along with the signed contract and full deposit payment. That is then exchanged and becomes binding immediately. 

If a Section 66W Certificate is not used, the purchaser has a five-business-day cooling-off period to conduct final checks. If the purchaser rescinds the contract within this period, they will forfeit only 0.25% of the purchase price as a holding deposit. To cancel the contract, the purchaser’s solicitor must serve a Notice of Rescission before the cooling-off period ends. The timing of the service of the Notice of Rescission is crucial and must be completed before 5 pm on the 5th business day.

Migration Affairs will  handle the entire stamp duty process, ensuring your payment is processed correctly and on time. Typically, stamp duty is paid at settlement through the PEXA e-Conveyancing platform or within three months of the contract exchange date—whichever comes first.

Our team will collect all forms and data, process the stamp duty and advise you if you must pay stamp duty prior to settlement.

While we do not handle the actual finance application process ourselves, we do work directly with your bank or mortgage broker to provide any necessary legal documents for your loan application and continue to work with them to ensure a smooth transaction and settlement. If you haven’t chosen a bank or broker yet, we can guide you through the process and help you connect with the right professionals.

We can usually prepare a draft contract within 1-2 business days, provided we receive the necessary details from you promptly. However, finalising a full contract—including all required government documents and certificates—typically takes around five business days as the certificates take some time to be received from relevant authorities. 

If needed, we can also provide your selling agent with a preliminary draft contract for marketing purposes, with a disclaimer stating that a final version will be issued once all documentation is received.