Buying a property and the path to settlement

Here’s a list of what you need to think about as you travel your property purchase journey in South Australia.

Once you’ve found the property you want to buy it’s a good idea to familiarise yourself with the steps involved.

If you’re a first home buyer, the process can seem a bit daunting and it might feel a little hard to work out who is on your side.

You’ve probably been dealing with a real estate agent whose job it is to make sure that the vendors maximise their price (which means maximising what you pay).

conveyancingSA.com.au is on your side. And if you’re ever in any doubt as to who is on your side, ask yourself – who is paying the bill. That’s usually a pretty good indication!

  • Be sure to arrange insurance over your new property as soon as you have signed the Contract of Sale
  • If you haven’t arranged (and if you need) finance, you should contact your financial institution to make arrangements. If you have a loan pre-approved, contact your lender or mortgage broker to let them know the details of your purchase
  • When your two business day cooling-off period is complete, you will need to pay the deposit you agreed to in the Contract of Sale into the Trust account of the real estate agent
  • If the agent hasn’t already asked for the name of your conveyancer, you should inform them now that you will be working with conveyancingSA.com.au
  • If there are any conditions in the Contract that need to be met, make sure you notify the real estate agent and conveyancingSA.com.au when that happens e.g. if finance approval is a condition, once it has been approved you should notify us and your agent right away
  • Make sure that the real estate agent and conveyancingSA.com.au are told of any changes to your contact details (phone, email, address). We don’t want to have trouble getting in touch!
  • So that we can keep the ball rolling to settlement date, please try and attend to any requests from conveyancingSA.com.au as soon as you can
  • Part of the requirements that we need to fulfil is the verification of your identity. We can do this online but you will need access to original documents to prove your identify. This is pretty similar to the ID you require when opening a bank account. If you can produce a current driver’s licence and passport that is ideal but if you can’t we can help you with an alternative
  • Keep in touch with the real estate agent and find out before settlement how, when and where you can collect keys for your property once you have settled
  • If you’re moving into the property immediately following settlement, make arrangements for gas, electricity and other connections to be transferred into your name or connected in your name, so that you’re not left out in the cold or the dark
  • There’s nothing you need to do with regard to council and SA Water – conveyancingSA.com.au will handle that for you
  • Before settlement day we will issue you with a Settlement statement. Have a look over it and make sure that everything is in order and that the amount required on your statement is paid to conveyancingSA.com.au. This needs to happen at least one working day prior to settlement
  • If you have any queries regarding your Settlement statement, message us immediately so that we can sort it out for you

Contract

The Contract you sign contains what we call the Particulars of Sale – this includes things like the vendor and purchaser details, the agent details, the full legal address of the property and the Certificate of Title reference (every single property has a unique reference number).

There may also be items at the property that are included in, or excluded from the sale, and these will be detailed in the Contract.

If the property is tenanted, information about the tenancy is also contained in the Contract along with any other conditions that need to be satisfied before the Contract is considered “unconditional”. For example, if the completion of the terms of the contract are subject to you receiving finance approval then that will also be detailed your Contract.

Form 1

The Form 1 is quite a lengthy legal document and it can look overwhelming when you first see it. It is sometimes referred to as the vendor disclosure statement.

The Form 1 includes the particulars of the property and the information that is gathered from what we call ‘searches.’ These are requests that are made by the preparer of the Form 1 (your agent or a professional Form 1 preparer). The responses to those requests are then compiled into the Form 1 document and the seller of the property confirms that everything legally required has been disclosed in that document.

Both the seller and buyer sign the Form 1. It’s a very important document not just because the information is important but because once you have signed your Contract and received the Form 1, your cooling-off period begins.

If you buy at auction, there is no cooling-off period but you still need to be happy with the information contained in the Form 1. It will be on display at the agent’s office 3 business days prior to the auction as well as being displayed at the property at least 30 minutes prior to the auction.

The Form 1 will usually contain the following;

  • Certificate of Title
  • Form R3 (unless it is a commercial property)
  • Council Search (note this will also disclose any overlays and zones, heritage information etc.)
  • Property Interest Report
  • Emergency Services Levy Certificate
  • Land Tax information
  • SA Water information
  • Title and Valuation report
  • Copy of Plan of Subdivision and any agreements or covenants affecting the property. With a proposed lot, documents such as By-laws, Scheme Description, Development Contract are also included.

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What is Foreign Resident Capital Gains Withholding (FRCGW) and what is a Clearance Certificate?

If you’re selling a property in South Australia valued at $750,000 or more, it’s important to understand Foreign Resident Capital Gains Withholding (FRCGW). This is a 12.5% tax applied to property sales where the vendor is a foreign resident, and the contract price meets or exceeds $750,000. The tax is designed to ensure that foreign sellers meet their tax obligations to Australia, as it can be difficult to recover tax debts from non-residents after they leave the country. The withholding secures a portion of the funds to mitigate this risk.

Since the threshold was lowered on 1 July 2017, FRCGW now affects all vendors in South Australia selling properties with a contract price of $750,000 or higher. Previously, the threshold was set at $2 million.

Vendors need to apply for a Clearance Certificate to avoid having 12.5% of the sale price withheld from their property proceeds. It can take up to 21 business days to receive the certificate, so the vendor or their conveyancer should apply as soon as possible after the contract is signed, especially in cases of shorter settlements.

In most cases, the process is straightforward, but delays may occur if the vendor hasn’t lodged a tax return in the past two years or owes tax. In these situations, the application is sent to a different section of the Australian Taxation Office, which may cause further delays.

If the Clearance Certificate is not available by the time of settlement, the transaction can still proceed. However, the purchaser’s conveyancer must withhold 12.5% of the sale price and remit it to the Australian Taxation Office at settlement.

I am buying my first home – is there stamp duty relief available in South Australia?

Yes! First home buyers may be eligible for a stamp duty relief on the transfer of land in certain circumstances. Here are the conditions under which you may be eligible:

  • Buying a new home* (this includes properties such as a house, flat, unit, townhouse or apartment).
  • Purchasing an off-the-plan apartment.
  • Securing both land and a new home together, typically under a comprehensive building contract.
  • Purchasing vacant land with the intent to build your new home on it.

*Note: The definition of a “new home” for the purpose of this relief may vary. It’s always a good idea to confirm the specific details as they pertain to your situation.  Find full details here: Stamp Duty Relief for First Home Buyers in SA.

Can conveyancingSA.com.au assist me with my application for stamp duty relief?

Absolutely! At conveyancingSA.com.au, we have a dedicated team well-versed in the process and requirements for stamp duty relief applications. We can manage the entire application on your behalf for a fee of $55, including GST. You can also handle the application yourself using the form available on the RevenueSA website.

We recommend reaching out to our team at conveyancingSA.com.au for further information and to start the application process. We’re here to make your first home buying experience smoother and more affordable!

Stamp Duty Relief for First Home Buyers

Stamp Duty Relief for First Home Buyers

You might also be eligible for Stamp Duty relief as a First Home Buyer. Learn more about the eligibility criteria here First Home Buyer Stamp Duty Relief in South Australia

What is conveyancingSA.com.au?

conveyancingSA.com.au is South Australia’s first pure online conveyancing service. Its promise is simple, digital, stress-free property conveyancing with the client in the driver’s seat.

Created and developed in South Australia, our Adelaide conveyancing team is backed by SA’s largest property transaction provider. Our purpose is to assist buyers and sellers in their home purchase or in selling property, who wants more control, transparency and a faster, simpler way to do things.

Our clients follow the easy to understand directions in our portal to arrange online settlements with conveyancingSA.com.au. Because our service is 100% digital, we can price it very economically.

We are NOT a national outfit trying to cover the nuances of property transactions in all Australian markets, nor are we a marketplace for small-sized conveyancers. As the conveyancing process varies from state to state, our Adelaide SA team specialises in the South Australian market.

conveyancingSA.com.au is a standalone conveyancing firm, with an experienced team in dealing with the Adelaide and SA regional property market. Our company has invested heavily in technology and the development of the smarts to conduct conveyancing online – simply, reliably and without stress.

Why did you start conveyancingSA.com.au?

We wanted to create a conveyancing service that was efficient, convenient, transparent, and customer-friendly. With the rise of digital technology, we saw an opportunity to create an online platform that would make the process of buying and selling property easier for particular clients.

So we set out to create conveyancingSA.com.au – a service that would offer all of these things and more. We’re proud to say that we’ve been successful in our mission. We’ve provided great service for clients who need top-quality Adelaide conveyancing services for clients who prefer an online transaction at a lower cost. And we’re always looking for ways to make our service even better.

How much does conveyancingSA.com.au cost?

A residential buy or sell transaction is priced at $880 including GST.

Identity is verified online and clients can upload their own documents into the portal to conduct their transaction. Our fee covers up to two verifications and if there are more than two parties involved, a fee of $20 for each additional party will be charged.

We do not charge for additional items like liaising with your bank or storing your documents. We are upfront and transparent – there are no nasty surprises at conveyancingSA.com.au.

We value loyalty. If you add a transaction to one you are currently doing with conveyancingSA.com.au. (e.g. you are doing your purchase conveyancing through us and you sell a property before the property you are buying has settled), we will discount the second transaction by $100.

Who should use conveyancingSA.com.au?

conveyancingSA.com.au is ideal for standard residential transactions including those transactions with an incoming or outgoing mortgage.

Users of our conveyancing service are comfortable with conducting their business transactions online even when they are high value.

Our clients value being able to conduct their business out of hours and that suits our digital offering.

Because we have been able to streamline the conveyancing process digitally, our clients can expect to pay substantially less than a traditional conveyancing service.

How is conveyancingSA.com.au different?

We think we’re very different. South Australian conveyancing has a long and proud history and conveyancingSA.com.au is a natural extension of the very personalised and manual conveyancing services available in South Australia. But we are very different.

Increasingly consumers are becoming comfortable with managing their financial transactions in a digital environment and they appreciate the convenience that helps their busy lives. By transacting in a digital environment, our clients benefit from greater transparency in the progress of their transaction.

You can login at any time and see what stage your transaction is at and what comes next on the journey to settlement.

An added bonus is the savings that can be passed onto our clients because we have invested heavily in our technology.

Will I have a dedicated conveyancer?

In order to maintain our lower price structure we have created internal efficiencies including a Shared Services team.

Clients have access to a support email address for any queries (support@conveyancingSA.com.au).

The Shared Service concept means that if anyone is away or not at their desk, there will always be someone to answer your question.

There is shared visibility over your transaction and that means you’ll get an answer to your query fast.

Can I get help from a conveyancer if I need it?

You can be assured that behind your transactions there is a team of conveyancers who are licensed in South Australia.

Our conveyancers are all members of the Australian Institute of Conveyancers (SA). If you have any questions or concerns you can send an email or complete a webform and request assistance from our Shared Services team.

You’ll receive a notification each time we send you a message so you’ll have total visibility over the progress of your transaction and when we have any tasks for you to complete.

What should I know about your fee quotation?

Our information and our fee quotation is provided to you on the basis of the information you have supplied to us. If there is any variation to that information, and there is a need to revise our quotation, we will always contact you first to explain clearly the reasons for the variation and to gain your agreement before we continue.

When we quote you, we let you know about the third party charges you can expect to pay in addition to our professional fee. Take a look at the What Costs Should I Know About? section to learn more about the fees and charges that may be applicable to your purchase or sale. These fees are what we call Government and Statutory fees which means they’ll apply regardless of who is doing your conveyancing. We’ll help you work out just what those fees will be so that you won’t have any nasty surprises.

Why do you ask for so much stuff?

There are a number of important forms and information that we need from you to make sure that we conduct your transaction in line with legislation and regulations in South Australia and that we complete all of the required checking.

We know that some of this can be tedious, but you can be assured that we only ask for what is absolutely necessary.

The sooner you can provide the documents we require the better – this is so we can work together to avoid any delay to your settlement.

You can be assured that we will return information to you quickly from our side and if you can do the same, that will keep us on track.

We can also assure you that we take the greatest precautions with your data security and privacy. You’ll notice we ask you to register your account to sign up with two-factor authentication.

We will not take any chances with your data or your privacy.

Each time we request information from you, you’ll receive a notification from us to check into the conveyancingSA.com.au portal, to retrieve the message. Safe and secure.

That’s our promise – to keep you on track and informed.

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