When you buy a residential property in NSW there is a five business-day cooling-off period after you exchange sale contracts. During this period you have the option to get out of the contract as long as you give written notice. The cooling-off period starts as soon as you exchange and ends at 5pm on the…
What is Adverse possessions or possessory possession? Adverse possession is when a person gains title to a property if they have remained in that same property for a certain amount of time. A person or persons who has occupied the Land for the prescribed amount of time, in certain circumstances can prevent the true owner from reclaiming…
Title Insurance is all about coverage for risks AFTER the date of Settlement (risks not known or, known risks – with additional premium) to all parties prior to signing Contract and before Settlement) via compensation for loss in value or reimbursement of expenses in the future. It is a specialised type of insurance that provides…
A Section 10.7 Planning Certificate (ex. Section 149 Certificate) of the NSW Environment Planning and Assessment Act 1979 is a legal document that confirms the zoning and applicable rules for development of your property. By law, the Section 10.7 Certificate must be attached to all contracts for Sale of property. Two types of Council 10.7…
A Building Certificate is a certificate issued by Council stating it will not make certain Orders or take certain action under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993. To Order or take proceedings for an Order to have the building (covered by the certificate) demolished, altered, added to or…
What are the proceeds of crime? Proceeds of crime refers to any money or property gained from criminal activity and is covered by The Proceeds of Crime Act 2002 (the Act) passed on 11 October 2002 and came into operation on 1 January 2003. WHAT ARE SUSPICIOUS TRANSACTIONS? Suspicious transactions are financial transactions that you have…
From 1 August 2016 Australian legal practitioners, law practices and licensed conveyancers (representatives) must take reasonable steps to verify the identity of clients or their agents to ensure that The client is a legal person, and The client has the right to enter into a conveyancing transaction. Possession of a Certificate of Title for a parcel…
What is lenders Mortgage Insurance? LMI is an insurance policy which compensates lenders or investors for losses due to the default of a mortgage loan. As required by Australian Banks, Borrowers’ who have less than 20% deposit of the property purchase price are charged LMI by finance lenders this is an extra cost over and above the standard fees and charges related…
An Identification Survey or just ‘Ident’ is a survey that is required for the purpose of identifying a parcel of land and the related existing buildings and improvements. It may only be undertaken by a Registered Surveyor. An Ident shows the position of Boundary fences and confirms they are correctly located on the Land and…
I am often asked “what are the benefits of using a Trust to buy a property?” and while this can be a confusing topic the simple answer is a Trust can offer Tax benefits and provide excellent asset protection for investors. WHAT IS A TRUST? A trust is a relationship whereby property is held by…
