Make an Offer:
If you are buying at an auction, you are required to pay a deposit (usually 10% of the purchase price) immediately.
If you are buying privately, you are usually required to pay a holding deposit (can be anywhere between $2,000 and 10% of the purchase price).
Contract of Sale:
The Contract of Sale, prepared by the agent or by the vendor’s solicitor, outlines your offer, the date of settlement, and any conditions that must be met before the sale goes ahead. Discuss the Contract of Sale with your solicitor before you sign it. There are two kinds of offers – unconditional and conditional.
Conditional Offers:
A conditional offer is also a binding contract, provided that all your conditions are satisfied. You can only back out now if one or more of the conditions are not met.
Unconditional Offers:
This is an outright offer to buy a property. You should be 100% sure that this is the property you want and that you have access to the money to buy the property. Once the vendor has accepted your offer, you are legally obliged to go through with the sale.
Finalise Loan:
If you have obtained pre-approval finance you can finalise your loan by contacting Direct Deal Finance to determine what outstanding items are required. In most cases it would be a copy of the purchase contract.
Settlement:
The Contract of Sale will state the amount of time you have to settle the conditions. When all conditions are met, the offer becomes unconditional, the sale will go ahead and the property will be yours.
How the Settlement Process Works:
Your Solicitor/Conveyancer will prepare and arrange for you to sign a Transfer of Land document. You should ensure that this is done at least two weeks prior to the settlement date. This document will be handed over at settlement to the lender. The lender will register it at the State/Territory’s Title Office on your behalf. Upon registration, the property will be changed over to your name.
Your Solicitor/Conveyancer will contact the lender, the seller’s Solicitor/Conveyancer, and other interested parties to arrange the date, place and time of settlement.
Your Solicitor/Conveyancer should advise you one week prior to the settlement, of the exact date, time of settlement and the amount of funds that you are required to provide prior to settlement (if applicable). This amount is usually required to be paid by bank cheque one day before settlement.
After settlement has taken place the seller’s Solicitors will contact the Real Estate Agent that sold you the property and advise them to hand over the keys to the property to you.
Your Solicitor should contact you and confirm settlement has taken place. They will also send you a Statement of Adjustment to show you how the funds have been disbursed to the parties involved.