Frequently Asked Questions
How do I engage your services? | If you are happy to use us, tell your agent to send a copy of the fully executed Contract to info@nextchapterpropertylaw.com.au and our Solicitor will be in touch within a few business hours with the next steps. If you have not yet signed a Contract and would like the Contract reviewed, please send an unsigned copy to info@nextchapterpropertylaw.com.au and our expert Solicitor will give you call to go through the Contract together to ensure it is ready for your signature. |
Are your professional fees fixed-fee? | Yes, our prices will not change for the service you engage us for. If anything falls outside the scope of your conveyancing matter, we will let you know and seek your authorisation before proceeding. |
When are your professional fees paid? | Our professional fees are paid at settlement. Any outlays to third parties on your behalf (for council searches, registration costs, etc) may be ordered before settlement and depending on your file, may require payment prior to settlement. This will be communicated in full if that situation arises. Please always remember to call the office before transferring any funds to our trust or account. Cyber scams are prevalent in this industry and it is important to ensure you have the correct details and that you are transferring to the right person/place. |
What other costs should I be aware of? | In Queensland it is mandated that settlements occur electronically, as such most firms settle via PEXA (Property Exchange Australia). PEXA will charge a fee to all parties to a transaction at settlement itself. This fee changes each financial year and is currently $137.39. If you are purchasing, Stamp Duty and Registration Fees will be applicable. These vary based on the purchase price of your Contract but we are able to advise you of the costs once your Contract has been received. Property searches are also required to be ordered to ensure there is no debt over the property you are purchasing. These vary depending on the council and water authority, but this will also be noted to you during the conveyancing process. Other costs that you can expect that are at your discretion are insurance, building and pest inspectors, verification of identity platforms, and buyers or sellers agent commissions. |
Why does the Buyer need to buy property searches? | Property searches are an important aspect to ensure that all the relevant property details are provided to you prior to settlement. These can include council approvals for renovations, extensions or new builds; easement and caveat searches to ensure there is nothing or no one that will affect your use and enjoyment of the land; and the mandatory searches of council rates, water and land tax to ensure that the seller does not have debt over the property. In Queensland, debt travels with the land, not the person. So if a debt is not paid out prior to or at settlement, the Buyer will incur that debt. Land tax is an important one to look out for. To avoid needless spending, we will only order the rates, water and land tax searches once your Contract goes unconditional. Any other searches are recommended to be ordered prior to going unconditional and will only be ordered if and when you instruct our office to order them on your behalf. |
Why do I need an ATO Clearance Certificate? | As of 1 January 2025, all Sellers are required to apply for and obtain an ATO Clearance Certificate, regardless of whether they are an Australian Citizen or the purchase price of their property. The certificate is valid for 12 months but can take up to 28 days to be received. It is important to do the online application as soon as possible: |
Can my Solicitor complete my mortgage discharge authority for the bank? | Unfortunately not. The discharge authority forms require information your solicitor does not have and a bank will not communicate with solicitors about private financial information until the client specifically authorises them to do so (which is done on the discharge authority form itself). These forms also require your physical signature, which we cannot do for you. As a general rule discharge authorities take 10 business days to be processed by your lender, so it is important to get in touch with your bank to let them know you are selling as soon as possible. |