Selling your property is a significant moment. The right support makes sure it ends the way you planned.
Whether you are downsizing after decades in a family home, selling an investment property, or moving on to the next chapter, there is a lot riding on getting the process right. The paperwork is more involved than most people expect, the timelines are tight, and the consequences of missing a step can be costly.
The good news is that with the right conveyancer beside you from the start, most of those risks disappear before they have a chance to become problems.
Start Before You Think You Need To
Most sellers contact a conveyancer after the contract is signed. We would encourage you to get in touch before you even list your property.
There are things we can help you prepare before the first buyer walks through the door. Understanding your obligations under the contract, identifying any encumbrances or title issues that could complicate a sale, and making sure your documentation is in order ahead of time all make for a smoother transaction when the right buyer appears.
Appointing your conveyancer before you appoint your real estate agent is not as unusual as it sounds. It simply means you go into the process protected rather than catching up.
This is a link to an article by our Conveyancing Manager and Registered Conveyancer, Anna Przibilla, about moving as quickly as possible to connect with a conveyancer, even as early as having just had the seed of ‘maybe I should buy a home someday’ entering your mind: You can read the article here.
What Sellers Need To Know Before Settlement
A few things catch sellers off guard. Knowing about them early saves time, money, and stress.
The ATO Foreign Rresidence Withholding Clearance Certificate
Every vendor in Australia is required to apply to the Australian Tax Office for this certificate before settlement can proceed. If your tax affairs are up to date, including your income tax returns, the certificate usually arrives within a day or two. But it can take longer, and without it, settlement can be delayed or you may face withholding tax on the proceeds of your sale. We advise every seller to apply as soon as they list their property or sign a contract. It is a straightforward step that avoids a potentially significant problem.
Your Obligations Under The Contract Are Real And Time-sensitive
Once the contract is signed, you are required to meet its terms. If there are special conditions, such as clearing rubbish from the property or completing agreed repairs, these need to be done by the dates specified. Falling behind can put you in default and expose you to a claim from the buyer.
Fixtures And Fittings Stay With The Property Unless Specified Otherwise
Anything fixed to the property, including curtains, floor coverings, light fittings, air conditioners, and built-in furniture, is considered part of the sale unless your contract explicitly excludes it. If there is anything attached to the property you intend to take with you, make sure it is noted in the contract before signing.
Do Not Make Financial Commitments Against Your Expected Proceeds Before Settlement
We have seen clients make financial arrangements based on a settlement date, only for the settlement to be delayed through no fault of their own. Settlement delays happen for reasons outside everyone’s control, and having financial commitments that depend on receiving your funds on a specific day can create real difficulty. A conservative approach here protects you.
What Happens After You Sign
Once the contract is in place, here is what we take care of on your behalf.
We manage all required searches and documentation, liaise with your bank to arrange the discharge of any mortgage registered over the property, prepare your settlement statement, and coordinate settlement with the buyer’s conveyancer. On settlement day, we call to let you know it is done, arrange for the net proceeds to be deposited into your nominated account, pay your real estate agent’s commission, and notify the relevant rating authorities of the change of ownership.
You do not need to be anywhere in particular on settlement day. You simply wait for our call.
What If Something Goes Wrong?
Sometimes a buyer defaults. Sometimes a title issue surfaces late. Sometimes circumstances change in ways nobody anticipated.
When that happens, having a full-service law firm handling your conveyancing is the difference between having to start over with a new team and having your solicitors step straight in. At Mildwaters Byrth, our legal team is already across your file. We move quickly, and you stay with the people who already know your situation.
What Clients Say
Anna Przibilla handles all our conveyancing. She is very courteous, professional and her consistent follow-up and communication is next level until our jobs are completed. Highly recommended,
[We] would like to express our gratitude to you with the recent sale of our house. You explained everything in full detail and made the entire sale process extremely easy and stress free. We would not hesitate to recommend Mildwaters Byrth Lawyers, in particular yourself [Candice].
Candice was extremely professional, thorough, and kind when assisting with the sale of my home recently. Candice managed everything efficiently and I was contacted at the required time points. She made the whole process seamless and I am very grateful. I highly recommend her conveyancing services.
Ready to take the next step?
If you are thinking about selling, the earlier you get us involved the better. A brief conversation now can make the whole process simpler.
Kadina Office
15 Taylor Street, Kadina SA 5554
Phone Kadina (08) 8821 2199
Get more information and see a map on our Mildwaters Byrth Lawyers & Conveyancers Kadina page.
Minlaton Office
46 Main Street, Minlaton SA 5575
Phone Minlaton 0448 725 447
Get more information and see a map on our Mildwaters Byrth Lawyers & Conveyancers Minlaton page.
Or use our contact form and we will be in touch promptly.
Do I Need To Be Available Throughout The Process, Or Can You Handle Most Of It Without Me?
We handle the vast majority of the process on your behalf, and we will only come to you when we genuinely need to. You will need to make yourself available to sign documentation at a time that suits you, and we ask that you respond to any requests from us promptly so we can keep things moving. Beyond that, our job is to manage the detail so you do not have to. We keep you informed at each important stage, and on settlement day, we do the work while you wait for our call.
Let's Talk Today!
Contact us via email, or our online form and we will get in touch with you.