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Conveyancing

Buying or selling a home can be an exciting and sometimes stressful experience.  At Cominos Family Lawyers, our lawyers have over 25 years’ experience in conveyancing  matters and will guarantee to take the stress out of all your conveyancing matters.

Are you selling your home or investment?

You will need a contract for the sale of the home ready prior to the first inspection of your home. We can have a contract ready for you within 48 hours.

When choosing an agent, you should be aware that you can negotiate the terms of the agency agreement, and in particular, the rate of commission that will be paid to the agent on sale of the property.  Most agency agreements will be exclusive agency agreements although open agency agreements or conjunction agency agreements can also be negotiated with the agent in certain circumstances.

Once a buyer is found and a price is agreed, the agent will provide a sales advice to the seller’s solicitor so that formal contracts can be issued and exchanged.  We are able to attend the exchange of contracts on your behalf.

After contracts are exchanged, then we will advise the mortgagee of the sale so that a payout figure can be provided and a discharge of mortgage prepared.

At settlement (which we attend on your behalf) cheques are passed from the buyer and incoming mortgagee to the seller and outgoing mortgagee and the title documents are then passed from the seller’s outgoing mortgagee to the buyer’s incoming mortgagee.

Are you buying your dream home or investment property?

Finding your dream home is exciting but before you commit to the purchase it’s important to make sure you’re buying the right property.  Buying your home is likely to be one of the largest purchases will make in your lifetime.  It is important that pre-purchase inspections, such as pest and building inspections, are carried out, and will review the contract to make sure that it properly reflects the terms of the agreement.   We can advise you on all aspects of the contract and ensure that you

Formal finance approval needs to be received from your bank before the contract becomes unconditional.

The usual settlement period is six weeks from the date of exchange of contracts although this can be longer or shorter, depending on what the parties agree.  During the settlement period, we will carry out searches and inquiries about the property pay the stamp duty and arrange for mortgage documents to be signed.

On the settlement date, you should carry out a pre-settlement inspection  to check that the property has been properly vacated.  At settlement (which we attend on your behalf) cheques are passed from the buyer and incoming mortgagee to the seller and outgoing mortgagee and the title documents are then passed from the seller’s outgoing mortgagee to the buyer’s incoming mortgagee.  Once settlement has occurred then the keys are released by the agent to you so that you can move in and enjoy your new home.

Commercial Leasing

If you are a landlord with commercial premises to lease, we can assist you by preparing a commercial lease and negotiating the terms with the tenant’s solicitor.  We will also ensure that the lease is properly executed by all the parties and then registered at the Land & Property Information office.

If you are a tenant needing office space or retail premises for your business, we can assist you by reviewing your commercial lease and ensuring that the terms of the lease offer adequate protection for the tenant and reflect the agreement you have reached with the landlord.

If you would like a complimentary discussion about your conveyancing matters please contact us.

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