C V Martin Legal Services

What is the difference between a deposit and a Deposit Bond?

A deposit is usually 10% of the purchase price paid to the real estate agent by way of cheque or cash and is held in their trust account until the matter has settled. A Deposit Bond is not cash and, in a bond, obtained from your bank guaranteeing the money to be paid, should there be an issue. If you pay a Deposit Bond on exchange, you will have to pay the full purchase price on settlement.

What is the difference between using a difference in using a Conveyancer and a Solicitor?

Both a Conveyancer and a Solicitor are experienced to handle the conduct of your matter. However, if an issue arises a Conveyancer will normally have to refer your matter to a Solicitor, which could result in additional fees being paid by you. Your solicitor can continue to deal with the matter on your behalf.

I don't have the money to pay my stamp duty, but I have borrowed enough money to cover this, what do I do?

For settlement to take place your bank will require a stamped Transfer. We will advise the vendor's solicitor that you will need to stamp on settlement, and we will arrange for this to occur. This also means that you will incur additional costs as there will be additional agency fees involved and the vendor may also charge you a fee for having to change the settlement venue to suit you. It is becoming more and more common and is not an issue to arrange on your behalf.

What can I do if I cannot afford to pay a deposit?

If you do not have the funds to pay the 10% deposit, we can ask the vendor's solicitor/conveyancer is the vendor will accept a reduced deposit of maybe 5%, this means that the balance of the funds is paid on settlement. If you still do not have the money to pay the full 10% deposit, we can ask whether a Deposit Bond would be accepted.

What happens If I can't proceed with a purchase?

If you have exchanged contracts and you are unable to proceed with the purchase for whatever reason, you forfeit the 10% deposit. It is for this reason that we recommend that you obtain your loan formal written loan approval and satisfactory pest and building reports before you exchange. If you exchange under a cooling off period and decide not to pursue the purchase, you will only forfeit 0.25% of the deposit.

Do I need to do anything for settlement?

No, we arrange everything for you. We liaise with your bank, calculate any adjustments, arrange settlement and attend settlement on your behalf. The only time you will need to do anything is if there is a shortfall of funds. We will then ask you to draw cheques and provide us with same for settlement. Usually, your bank provides all of the funds needed and you do not need to worry about doing anything.

Do I need to attend settlement?

No, we liaise with your bank and arrange for them to attend settlement, we can either attend settlement on your behalf or appoint an agent to attend if settlement is to take place in Sydney.

Is it cheaper to use a Conveyancer than a Solicitor?

Not necessarily, it is a misconception that it is cheaper to use a Conveyancer than a Solicitor. We offer a set price conveyancing which is both competitive and affordable with no hidden costs. You are advised of our fees at the beginning of your matter and an estimate of your disbursements is provided to you.

My pest and building reports have come back with certain issues what do I do?

The first thing we suggest is that you contact the inspector who conducted the reports to determine the severity of the issues you are concerned with. If there are certain works/repairs that need to be carried out we suggest that you obtain quotes and we can ask for the vendor to undertake the work/repairs prior to completion of your matter or alternatively, we can request that there be a reduction in the purchase price for the cost of the quotes.

When should I exchange Contracts?

We recommend that you do not exchange contracts until you have first obtained formal written loan approval from your bank and satisfactory Pest and Building Reports. So that you don't lose the property, you can exchange contracts under 5-10 days cooling off period until you obtain your loan approval and reports.