Transferring.
Property ownership can change without a sale, such as spousal transfers, Family Law property settlements, and deceased estate executor and beneficiary transfers.
You must be an Australian citizen or permanent resident, or the spouse of one. If you are an executor, probate be already granted or be close to being granted. If it's a Family Law transfer, a Binding Financial Agreement / Court orders must be finalised already before we commence work. The property must already be titled (not off-the-plan), not company share or stratum title, not commercial and not in a retirement village.
How does it work?
Send us your details and the address of the property.
Please briefly explain the circumstances of your proposed ownership transfer, and include your email address and mobile phone number where we can reach you on WhatsApp - and please let us know if anyone referred you to us (so we can thank them!).
We'll respond with within 2 business days.
We may ask you for more information and copies of documents (such as Court orders), to enable us to confirm the scope of work and our quote. Any documents you provide us will be held strictly confidentially, of course!
Let us know if you're happy to proceed
We'll then open a file new and send you an invoice for our professional fee + estimated out-of-pocket costs (see How much does it cost below).
When our invoice is paid, we'll get to work.
We may ask you for some other relevant documents (like a probate certificate) and we will work with any banks/lenders and other parties to get the property transfer completed ASAP, including the stamp duty exemption application.
What happens after the transfer is completed?
We’ll let the Council, water company and any Owners Corporation know about the change of ownership.
How much does it cost?
$1,395 + GST is our professional fee, plus any out-of-pocket disbursement costs we incur.
Out-of-pocket disbursement costs include title searches, PEXA fees and any State Government land transfer fees. If you are becoming the owner of the property and refinancing, your bank may pay the State Government land transfer fees on your behalf, out of your loan funds.
How much will you need to pay in addition to $1,395 + GST?
A title search fee of $33.00 including GST per title. The PEXA fee of $137.39 if there is one title or slightly more if there is more than one title (this is a compulsory government charge). Multiple PEXA fees will apply if you are both an existing owner and an incoming owner. Transmission (transfer to executor) and survivorship (transfer to surviving owner) applications will attract additional government fees; we'll confirm what they are. Any mortgage discharge fees and transfer of land fees that won't be paid by any incoming mortgagee / bank (we'll confirm the applicable amounts before we commence any work).
Anything else we should let you know?
Please first obtain independent advice from your accountant, financial advisor, the Australian Tax Office and the State Revenue Office (as relevant) regarding any possible impacts on your tax liability and Centrelink entitlements.
We don't need to open a file and commence work until any banks involved in the transfer are "ready to settle", probate has been granted and agreement has been formally reached if it's a Family Law-related transfer.
We can act for muliple parties to a transaction, provided there is no conflict of interest.
We don't review discharge forms, loan/mortgage and guarantor documents and we don't issue solicitor certificates.
We carry full professional indemnity insurance and operate an audited solicitor trust account.
