Jill Edwards

Please Note: Vines Conveyancing carry the insurance cover required by law.  Any legal work is carried out for us by our solicitors Vines Lawyers of 3/69 The Terrace, Ocean Grove at no extra charge to you. 

 

Vines Conveyancing

Selling and buying

When you are planning to sell your property there are a large number of things to be done:

  • Select an appropriate agent for selling your property in your area. Have the agent inspect the property and give an idea of a probable price range. The agent will advise you on the best method of sale, advertising and improvements to the property that will help you achieve a speedy and satisfactory result. The agent will quote for you their scale of charges. Remember that there is no official scale of charges anymore and this fee is negotiable. The agent will ask you to have a Vendors Statement prepared for the sale.
  • Contact Vinces Conveyancing
  • Section 32 of the Sale of Land Act sets out what must be in the statement. We will advise you of the details we require. These details are vitally important and must be accurate and not misleading. If it is not prepared properly, it may be possible for a purchaser to withdraw from the contract at any time prior to settlement. Documents we will need are:
  • Current copy of your Title
  • Current copy of your Rate notices (Municipal and Water)
  • Copy certificate of occupancy (if recently built home)
  • Housing Guarantee Fund Certificate or other similar insurance document
  • Details of any building permits granted within the last seven years
  • Details of any buildings that have been constructed over any easement
  • Details of any notice or order regarding the property
  • Details of any tenancy agreements
  • If you are an owner / builder - special rules apply and we will need to discuss your position carefully with you before preparing the Vendors Statement.
  • Once your agent has found a buyer for you, either your agent will prepare a Contract of Sale or they will request us to have a formal contract prepared for you. If they require a formal contract, we will have our solicitors, Vines Lawyers, prepare that on your behalf.
  • Remember – purchasers may have a right to cool off within three days after signing the contract. We will explain this right to you.
  • Once the contract has been signed and exchanged there are many steps to cover.
  • Conditions such as approval of finance or selling of existing home may have to be fulfilled before your contract becomes unconditional. It is therefore very important that you do not consider the contract unconditional until we can confirm this with you. We will contact your mortgagee and arrange for them to prepare documents to discharge your mortgage at settlement. They will also provide us with the pay out figures.
  • Deposit money can be released prior to settlement. This is not automatic and you should discuss this with us before relying on the release being made.
  • Transfer documentation must be signed in plenty of time before settlement.
  • The purchaser may exercise his/her rights to inspect the property in the week prior to settlement. As you have a duty to maintain the property in the same condition as when originally inspected by the purchaser, it is always wise to expect that they will do so. Please make sure that all chattels remaining with the property are in place and that the garden is well maintained.
  • Prior to settlement you should advise your electricity, telephone and gas services of your move and have them read your meters on settlement day. The purchasers will make their own arrangements.
  • Settlement will be taken care of by us.