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What is conveyancing?
Conveyancing is the transfer of ownership of real estate from one person to another. This does not necessarily have to be by way of sale – it may be as a result of a gift in a will or transfer to a beneficiary by a trustee. We shall concentrate in this page however on buying and selling.
From a purchasers point of view the object is to obtain a clear and unencumbered title from the seller. The role of the conveyancer acting for the purchaser is to ensure that a clear title is conveyed. There are many steps to ensure this result.
If a clear title is not obtained, serious consequences will probably arise in the future.
To be enforceable, an agreement for the transfer of real estate must be in writing.
What are the additional expenses in buying a property?
There are a number of additional expenses. The main ones are as follows:
Stamp Duty: - This duty is usually the biggest expense, Victorian stamp duty is based on the market value of the interest transferred (usually the purchase price). The purchaser must pay it at the time of settlement; duty on a transfer of $150,000 IS $4,660.00 and on a transfer of $250,000.00 is 10,660.00. If there is a mortgage, there is also additional stamp duty payable on that document.
Land Titles Office Fees – Fees are payable on the transfer, and the mortgage if applicable. The fee for the transfer is based on the purchase price. For an average purchase these fees would be in the range of $500.00 to $1,000.00.
Rates adjustments – If the seller has already paid the rates on the property by the time of settlement, the purchaser must make an allowance to the seller because he/she will have possession of the property for the remainder of the year. This allowance is calculated at settlement and the purchaser adds the amount to the balance owing. On the other hand, if rates are unpaid, the purchaser is required to pay them immediately following settlement, and accordingly the seller must make an allowance in favour of the purchaser – the purchaser will pay that much less at settlement.
Moving Expenses – These cost must of course be added to the equation.
Bank Fees – if a mortgage loan is used to assist the purchaser, the bank or other lending institution will normally charge fees. They vary widely, but normally fall between $100.00 and $600.00. A financial broker is sometimes the best way to get advice, as they deal with many products. Don’t be hesitant in bargaining with the bank – they usually have authority to vary the fees if pressed. Contact a member of the Solicitors Conveyancing Network nearest to you for advice concerning lender’s fee, we may be able to get them waived, or substantially reduced.
Insurance –fire, damage, and theft.
Conveyancing Fees – Although there is much talk about these fees, they are often less than any of the expenses referred to above. |
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