Conveyancing begins from the time you enter into a Contract and continues until settlement. Conveyancing is necessary in both the purchase or selling of property. Conveyancing involves the transfer of legal title from one person to another. The team at Eden King Lawyers provide in depth advise on contracts of sale including issues that may arise before you enter into the Contract.
The conveyancing process legally begins once you sign a contract, subject to the approval of finance and inspections/reports. Our experienced team of solicitors can attend to conveyance your property matter from start to finish, we are able to order all necessary reports such as building inspections and pest reports causing no extra hassle to you. The purchase price is generally paid on settlement day, when legal title is transferred.
When legal title is being transferred between parties the government requires stamp duty to be paid however the government has many schemes to help individuals purchasing property by reducing, and in some cases, removing the required stamp duty. If you are eligible for any of these schemes our team is able to identify and apply on your behalf to reduce your stamp duty as much as possible.
When attending to conveyance a matter for our clients we ensure that all our client’s rights are protected throughout the process and that our client meets all legal obligations required in the conveyancing process.
In today’s current market we acknowledge that a substantial amount of people are choosing to lease properties instead of buying/selling. It is important when leasing either as a landlord or a tenant, that you know your rights. Our solicitors at Eden King Lawyers are able to help you understand your rights, the risks and benefits you gain when leasing a property both commercially or residential.
If you are already in a lease and you are not happy with it, our team is happy to talk with you about your rights as a tenant or landlord and ways in which you can seek relief.
Our team is very experienced in tenancy disputes and can provide exceptional advice in highly complicated disputes.
Beware of Binding Contracts and Agreements
What is it?
A contract is an agreement between two or more parties that is intended to be legally binding and enforceable. A contract can be binding even if it has not been formally signed.
Contracts can be either in writing or made orally, and can be entered into by (but is not limited to):
- Signing a document;
- Text message;
- Oral agreement (irrespective of whether or not a witness is present);
- Agreeing over the phone;
- Clicking ‘I agree’ online;
How does it work?
Contrary to popular belief, it is not true that a contract is enforceable only after signing. In fact, a contract can be enforceable without signing or even saying the words “I agree” or anything to that effect.
A contract becomes binding when:
- The parties show (through their acts or words) that they intend for the agreement to be binding.
For example, if a person shows (by act) or says (written or oral) that they intend to complete a transaction without further consideration; OR
An agreement (written or oral) has been reached and a person relies on that agreement with their actions.