Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888   •   SERVICE PORTAL

Conveyancing

Swanwick Murray Roche – Rockhampton & Central Queensland Lawyers and Solicitors

We provide straightfoward and clear guidance to help you buy and sell property with confidence.

Our Services

Conveyancing is the process of buying and selling property. We assist people to buy and sell all types of property including:

  • residential property
  • commercial property
  • industrial property
  • rural property
  • state/pastoral leases
  • established units
  • off the plan units
  • vacant land
  • proposed subdivision land
  • development land

Below is a summary of the buy and sell process.

Buying Property

Buying property is really exciting but can be stressful and expensive – especially if mistakes are made. We give our clients straightforward advice and strategies to help them negotiate with strength and confidence.

Starting out

Before looking to purchase, you will often need to consider your finances – this will include costing out moving expenses, setting up your new home, affording deposits and loan payments, taxes and purchase costs. This will involve asking for quotes – establishing what the quote does and doesnt entail is usually very important. Once you’ve settled on your costs, a visit to the bank or broker is next on the cards. After that, contacting a couple of real estate agents and letting them know what you are chasing is a good way of seeing properties before they hit the market (or online real estate website).

Inspections and initial searches

The next step is usually to carry out inspections of properties you like. Of course, finding out whether you like it is a priority. But you may also want to carry out some basic free searches like flood and allotment searches and other such searches. Click here for a Property Searches Summary Sheet. Discovering any issues with the property early on is a good way of avoiding the costs that would be incurred in having professionals engaged and paid that you may otherwise have not committed to – had you known about the issues.

Contract

If you offer to buy a property, an agent may prepare a sales contract for you to sign. Sometimes you may be put under pressure to sign the document before having it reviewed by professionals – such as a lawyer. It is wise to speak about your contract with an experienced lawyer before signing so that you understand what you are signing up for and understanding whether you may withdraw (or not) from the contract if there are later issues. We have prepared a list of Simple Contract Items Sheet to help you think about some initial matters.

Settlement

After the contract has become binding, your lawyer/conveyancer has a number of tasks to perform including:

  • Dealing with the seller’s lawyer in preparation of any contract issues, transfer documents and settlement arrangements.
  • Arranging stamp duty exemptions or payments (as applicable)
  • Carrying out searches as instructed by you to check potential property issues
  • Preparing a settlement statement with adjustments of outgoings (like rates and water)
  • Carrying out final title checks and attending settlement on your behalf
  • The agent will usually have the property keys and they will liaise with you to hand those over

We carry out property purchases all over Queensland and are not limited to Rockhampton or CQ properties.

Selling Property

The selling process is usually simpler than the purchase process. As a seller, your risk is much less – as you are disposing of the property. However, with all sales, there are some critical things that need to be handled properly to avoid issues.

Starting out

When listing the property on the market, it is a good idea to check whether you are ready to sell the property. Depending on the type of property, there can be a host of legal issues that need to be resolve or fixed up before sale of your property. Read our Article about common legal issues for sellers for more information.

Contract

Real estate agents usually prepare residential sale contracts in Queensland. However, it is wise to have a lawyer review the contract before signing to ensure that the terms match your understanding. For rural, commercial, industrial matters there are specific matters that need to be addressed everytime. Without doing so, you may end up with costs that you didnt anticipate at the start. We suggest that you review those matters with a lawyer.

Settlement

After the contract has become binding, your lawyer/conveyancer has a number of tasks to perform including:

  • Dealing with the buyer’s lawyer in preparation of any contract issues, transfer documents and settlement arrangements.
  • Dealing with a mortgage release (if applicable)
  • Preparing a settlement statement with adjustments of outgoings (like rates and water)
  • Attending settlement on your behalf
  • The agent will usually have the property keys and they will liaise with you to hand those over

We carry out property sales all over Queensland and are not limited to Rockhampton or CQ properties.

Our Team

The legal framework guiding property transactions in Queensland and Australia is dynamic and changes almost every day. Our team are well trained and participate in specialist seminars, reading industry updates, court decisions & legislative amendments. Our team regularly stay in contact with industry professionals to ensure we have good working relationships with the right people when you need it.

Click on our staff profiles to learn more about each of our experienced team members:

Resources

Check out some of our recent legal updates and property resources that you might find useful on this Property Law Resources link.

Contact

To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page.

Disclaimer

All information on this website and resources page is general information only. It is not legal advice. You should contact us if you wish to seek legal advice.

MEET OUR TEAM.

David Lipke

David Lipke is a partner of our Rockhampton firm overseeing the litigation and insurance division in the firm. His experience includes work in institutional claims, workers compensation and motor accident claims.

Terry Tummon

Terry Tummon is a partner of the firm overseeing the family law division. Terry’s experience includes dealing with property settlement and litigation matters.

Robert Rooney

Robert Rooney is a partner of the firm overseeing the commercial & business, property, wills & estates division. His experience includes commercial transaction and advisory work.

Katina Perren

Katina Perren is a solicitor of the firm, Independent Children’s Lawyer and Separate Representative. Her experience includes work in custody, separation, divorce and property settlement matters.

PUBLICATIONS

Choosing an executor for your Will

Choosing an executor for your Will What is an executor? An executor of a Will is a person or people who you 

READ FULL ARTICLE

Two mates gambling on horse races – constitute a partnership?

Two mates gambling on horse races – constitute a partnership? Background of the matter Judgement was given on 24 July 2020 by 

READ FULL ARTICLE

Estate Planning & Family Law – What you need to consider…

Separations and divorces can be very stressful experiences. There is a lot to think about and a lot to deal with. Sometimes 

READ FULL ARTICLE

How to get a copy of a will

Who can demand to see a copy of the last Will? When a person dies, the following people are legally entitled to 

READ FULL ARTICLE

Refusing requests for Annual Leave | Employment Law

Refusing Requests for Annual Leave The decision of the Fair Work Commission in the case of Adriana Stevens v Horsley Park Supermarket Pty 

READ FULL ARTICLE

Australian worker won landmark privacy case against employer after he was fired for refusing to use a fingerprint scanner at work

The Case & Decision An Australian employee (Jeremy Lee) won an action against his employer after he was fired for refusing to 

READ FULL ARTICLE

New Drone Laws

New Licensing and Registration Requirement From 1 July 2019: before a pilot can operate any drone weighing more than 250 grams, the 

READ FULL ARTICLE

How much Child Support should I receive?

Calculating Child Support The Child Support (Assessment) Act 1989 (Cth) imposes an obligation on a parent to maintain their children in the form of child 

READ FULL ARTICLE

What is an Enduring Power of Attorney?

Enduring power of attorney An enduring power of attorney is a formal document giving another person the authority to make personal, health 

READ FULL ARTICLE

Property Settlements | Valuing Property

Property Settlements | Valuing Property Agreement on property value… If the parties agree on values for an asset or debt, the Court 

READ FULL ARTICLE

What happens if you die without a Will?

Introduction In this article, we look at what happens if you pass away without a Will or, perhaps more commonly, what you 

READ FULL ARTICLE

Privacy | Recording Devices, Telephone Calls and Private Conversations

Introduction The recording of conversations in the workplace, school yard or family meetings now seems almost common place. The purpose of this 

READ FULL ARTICLE
X

Want free information & updates in the law? Subscribe to our mailing list today!