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Purchasing Property?


Whether you are a first time buyer or already own property, there are always issues that can arise in a property purchase. So what are some of the common issues to be on the lookout for?

Entity

Owning and living in a home is very different from investing.  A home owner can be entitled to a transfer duty concession – but only if it’s in their own name.  And land tax can be vastly different between a company owner rather than an individual.  So it’s always best to check with your lawyer and accountant before you buy to ensure that you are using the right entity.

Finance

“Pre-approval” of finance does not guarantee you the loan will be approved – it merely confirms that you meet the financial requirements for the repayments.  A valuation of the property is almost always needed so make sure about this before signing up an unconditional contract.

Inventory

What comes with the house?  Pool equipment? Dishwasher?  Furniture?  Make sure you make clear what you are intending to buy as most items are excluded unless specifically named in the contract.

Special Conditions

Do you need the property to be subject to the sale of your house?  Is there a specific issue you need looked at?  Allow yourself plenty of time to get these clauses drafted if you need them so you don’t miss out.

Consumer Protection

Most residential house contracts will have a 5 day cooling off period – but at a price.  There is a penalty involved in terminating under the cooling off period so don’t assume there will be no responsibility if you change your mind.

Most contracts are “buyer beware” – meaning that you have to carry out all the searches and satisfy yourself before settling, and the contract doesn’t always protect you (i.e. in case of flooding). So doing a little homework on the area is a good thing.  If in doubt, get in contact with on of our expert SPM Law property lawyers.


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