Conveyancing


Buying or selling a property is one of the most important decisions you will ever make and a number of factors need to be taken into consideration. To ensure your best interests are taken care of, we encourage any vendor or purchaser to seek the assistance of an experienced conveyance lawyer or licenced conveyancer.

O’Brien Winter Partners is dedicated to offering the highest standard of services to all of our conveyance clients. Our experienced team strives to achieve the best outcome for our client in each purchase or sale transaction. We also have a strong relationship with many Real Estates Agents in the Newcastle and Hunter Valley area and will work closely with your Agent to ensure that the transaction on your property progresses smoothly.

Our approachable and knowledgeable team members are able to support you each step of the way and answer any questions you may have about your sale or purchase. We will discuss the costs involved including our fees and stamp duty; advise you on the contact of sale and assist with any special conditions and negotiations; assist in meeting your lenders requirements; arrange and perform all relevant searches and inspections; prepare all legal transfer documents and organise settlement arrangements.

Our lawyers can also assist you with Commercial and retail leasing, Commercial Conveyance, Advice on building contracts, Industrial sales and purchases and Subdivisions.

Contact Us

For more information you can contact our office by phone on 02 4949 2000 or email admin@owplaw.com.au to be put in touch with one of our experienced Conveyance Lawyers or Licensed Conveyancers. You may further refer to some of our Frequently Asked Questions (FAQ’s) and useful links.

FAQ’s

What is conveyance?

Conveyance is the official transfer of property from one person to another and involves the drafting of all relevant legal documents necessary for the transfer. This will ensure that the property being transferred includes the security of land title and all of its associated rights, and that any land restrictions are being brought to attention before the purchase.

Who is allowed to complete conveyance work?

Conveyance is usually completed by a conveyance lawyer or a Licensed Conveyancer. Generally the process will take 4-6 weeks during which time they will perform a number of legal requirements in real estate transactions such as title searches, checking restrictions on the property, handling councils and prepare legal documents.

What costs are involved in conveyancing?

At O’Brien Winter Partners we offer a fixed price conveyancing service. In addition to our fixed price, there are particular searches that are required by law to be purchased. Our team will advise of you of the searches which are applicable to your conveyance matter and advise you of associated costs as your matter progresses.

What are the searches required by law?

If you are selling your property, the key searches that are required to be included in the Sale of Land contract are a Title Search, a Deposited Plan, a sewer mains and connections diagram, and a local council planning certificate. We always recommend a vendor client includes any occupation certificates, surveyor reports, building certificates and mine subsidence certificates they may have in their possession.

When you are purchasing a property, we will order searches that will identify the council rates, water rates, strata rates and land tax that are associated with the property. Adjustments will be made at Settlement to ensure the vendor is responsible for paying rates prior to the day of Settlement, and following this the purchaser will be responsible for paying all applicable rates.

Do I need a Pest and Building Report?

If you are purchasing a property, we always recommend a pest and building report is purchased. O’Brien Winter Partners has built good relationships with local inspectors who can advise of any potential issues with a property before you are locked into a contract.

What is Exchange of Contracts?

Exchange of contracts involves the licenced conveyancer or solicitor exchanging their client’s signed contract with the signed contract of the other party. This step in a conveyancing transaction occurs after a vendor accepts the offer of a potential purchaser and both the vendor and purchaser have signed their individual contracts. However, the purchaser does not own the property until settlement.

Can I pull out of a Contract after Exchange?

Each contract allows for the purchaser to pull out of the conveyance transaction within 5 business days from the date of exchange. This period is referred to as the ‘cooling off period’. However, there are certain circumstances where there is no cooling off period. For example, where a certificate is issued to the vendor by the purchaser which waives the cooling off period; or if the property is sold by public auction.

What is Settlement?

Settlement is the day the contract is completed and the purchaser becomes the new owner of the property. Simply put, on the day of settlement the vendor receives their money, and the purchaser receives the certificate of title and they keys. The purchaser and the vendor are not required to attend settlement.

Can O’Brien Winter Partners assist with a Commercial Conveyance Transaction?

The conveyancing and commercial law team are able to assist with commercial sales, purchases and leases. Our experience in both areas of law assist us in providing a high level of services to all our clients whether the conveyancing transaction be for personal or commercial purposes.

Grants Information

Part of our service here at O’Brien Winter Partners is to complete and process all applications for government grants that you may be eligible for when purchasing your new home.

The New South Wales Office of State revenue offers a range of grants which may be available to people buying or selling property within New South Wales.

 

First Home Buyers Assistance Scheme

The First Home Buyers Assistance scheme commenced from 1 July 2017. The First Home Buyers Assistance scheme provides eligible purchasers with exemptions on transfer duty on new and existing homes valued up to $650,000 and concessions on duty for new and existing homes valued between $650,000 and $800,000.

Eligible purchasers buying a vacant block of residential land to build their home on, will pay no duty on vacant land valued up to $350,000 and will receive concessions on duty for vacant land valued between $350,000 and $450,000.

First Home Owner (New Homes) Scheme

The First Home Owner Grant (New Homes) scheme was established to assist eligible first home owners to purchase a new home or build their home by offering a grant.

From 1 July 2017, the First Home Owner Grant Cap for new home purchases is $600,000; for a property where you enter into a contract to build or are an owner builder the total value cannot exceed $750,000. For eligible transactions made on or after 1 January 2016, the grant amount is $10,000.

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Testimonials

  • Thank you David, Damien and Co, the experience of purchasing and now selling a property has been stress free with your excellent knowledge and skills. Thanks again.

    – Paul Baran

  • “David and Damien, I feel like you are part of the Family. You have made our Transition to our New Home so much easier. Your way of doing things at O’Brien Winter Partners is Professional ,Courteous and Reasonable in Price , I will Definitely be Recommending You to ALL My Friends”.
    Nina & Bob

  • Damien and David, I would just like to thank-you very much for the excellent work you have done getting us to settlement earlier today. I would particularly like to acknowledge David for the many hours work he put in (sometimes late on a Friday evening), his professionalism, and attention to detail he displayed throughout the whole process. I will certainly be using your firm for any legal matters required in the future, and would not hesitate to recommend your services to both family and friends. Once again, I have been extremely satisfied and impressed with the work that your team there at OWP has done. Thanks again.

    – Peter

  • “Damien, Thank you very much for all your help. It’s been a pleasure working with you. I am sure we will see you in the future”

    Tony