Do I need a solicitor to look at the contract before making an offer?

No, an offer is not legally binding until a contract is exchanged. However, it is not a bad idea to do so. There may be something in the contract that may impact on the price you are willing to offer.

Of course there are always circumstances when a property has many interested parties and time is of the essence. In that case you can always make an offer, have it accepted and still negotiate details in the contract right up until you sign the contract and pay the deposit.

To have your contract reviewed you should ask the agent to send a copy of the contract to your solicitor. Your solicitor will then review the contract and let you know if any amendments should be made before you sign it.

If you would like Mothers in Law Lawyers to look over the contract and give you a preliminary advice before you make an offer please give the agent our details or alternatively you can contact us and we will contact the agent on your behalf.

We do not charge for a preliminary review. So feel free to call us or follow this link for peace of mind today.

Do I need a solicitor to look at the contract prior to bidding at auction?

Yes, bidding at an auction is legally binding and you should have your solicitor look at the contract, give you a detailed advice and enter into any necessary contract negotiations on your behalf beforehand. If you are unsuccessful at the auction, Mothers in Law Lawyers will only charge a nominal fee for the advice given. Unsuccessful bidders will also receive a substantial discount on our fixed fee for conveyancing when they are ultimately successful in securing a property for purchase.

What does conveyancing cost?

Our prices are all listed on our pricing page. Please note that unlike other solicitors and conveyancers our price includes disbursements.

Why do I need a solicitor?

DIY conveyancing is possible. However, it is quite a complicated task with very big consequences when something does go wrong. Even qualified solicitors engage us to do their conveyancing if they do not practice in the area of conveyancing.

We would not recommend that you take unnecessary risk with biggest transaction you are ever likely to make. We recommend that you use an expert who is familiar with conveyancing procedure and legislation and who can give you the very best advice.

Should I use a Conveyancer or Solicitor?

There are times when the sale or purchase of a property can go wrong and the sound advice of a solicitor in these cases is invaluable. Solicitors will have a broader knowledge of property law and can also give advice about matters which fall outside of a conveyancer's expertise. For example, if you are selling a property which may be part of an estate, a solicitor will be able to carry out the conveyancing for the property as well as giving advice on administration of the estate.

What is a cooling off period?

A cooling-off period, of 5 (business) days after exchange of contracts, gives a buyer the opportunity to organise their finance and to receive advice from building, strata and pest reports. If the buyer pulls out during this 5 day period they forfeit 0.25% of the purchase price to the seller (eg. on a $500,000 property you would forfeit $1250).

What is an s66W certificate? (waiving the cooling off period)

Ordinarily, a purchaser is entitled to a 5 (business) day cooling off period following exchange. However, in the case where a vendor asks you to sign a s66W certificate, the vendor is asking the purchasor to waive this right.

An s66W certificate certifies that your solicitor has explained to you that, upon exchange, you will be obliged to proceed with the purchase of the property upon the terms and conditions set out in the contract and that you will not have the benefit of a cooling off period.

Ordinarily a cooling off period gives a purchaser the opportunity to obtain unconditional loan approval from their financier and gives us the opportunity to conduct any necessary non-standard searches. It also gives purchasers the opportunity to have a strata, building and/or pest inspection done.

If you do not require finance for your purchase and if you have already received a satisfactory strata/building/pest inspection then signing an s66W certificate can be a reasonable move to secure a property.

What is fixed fee conveyancing?

When we refer to fixed fee conveyancing we are talking about our price to process your conveyancing matter. This applies for both purchases and sales.

It is becoming more common for solicitors and conveyancers to charge a fixed fee for conveyancing in order to give their clients certainty. In the dark old days it was more common that a lawyer would charge per 6-minute increments for any work completed on your file.

This meant that clients had no certainty as to what their costs would be at the end of the process.

A major point of difference between our fixed fee package and our competitors cost structure is that we include disbursements.

Many conveyancers and solicitors will quote a fixed fee for their professional fee (ie. The time they work on the file), but will charge extra for things like council searches, settlement agents, postage, photocopying and other costs involved in the preparation of a contract or transfer of title. This can add up to several hundred dollars (depending on how much they charge per copy) and most annoyingly make budgeting for this expense impossible.

We hate hidden surprises as much as anyone and that is why Mothers in Law Lawyers include these in our fixed fee so that you have certainty about the cost of your conveyancing matter.

Do I need a pest and building inspection and how do I get one?

We always think its a good idea to get a building and pest inspection done prior to purchasing a property. The cost is insignificant in comparison to the purchase price and may save you thousands if problems are discovered. We can organise this for you through a reliable supplier who can usually get inspections done very quickly.

Should I get a strata inspection?

Absolutely. A strata report is also a very inexpensive way to get insight into the property you are buying. It will disclose any special levies proposed and any major work that needs to be undertaken to the building.

Should I use a mortgage broker?

Yes, they don't cost you anything and make the process run much smoother. They have a vested interest in getting you a loan and will go to much greater lengths to help. Ask about our special offer for clients who use our preferred partner.

Does my solicitor need to be local?

No, Mothers in Law Lawyers can act for you in any conveyancing matter in New South Wales. We have many clients outside the Sydney Metropolitan area as far and wide as Tamworth, Bathurst, Orange, Nambucca Heads, Medowie and Bombaderry.

How much stamp duty will I pay?

Please see the Office of State Revenue Stamp Duty Calculator Click Here.

Joint Tenants or Tenants in common?

One of the most common questions that purchasors ask is whether to buy as Joint Tenants or Tenants in Common.

Joint Tenants means that all parties on the title jointly own the property in equal shares. So for instance if a husband and wife own a property in "Joint Tentants" they automatically both own 50% each. If one partner dies the other half automatically goes to the other partner.

Tenants in Common is a different system where an unequal proportion of ownership can be allocated. In this case a person may leave their proportion to another individual in their will.

The decision is a very important and very personal choice and should be carefully considered. If you are at all unsure please do speak to us as your decision will be far reaching.
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Free Review of Contract
For purchasers,
Mothers in Law Lawyers will conduct a preliminary review of a contract free of charge.

Click here or Call NORTHERN BEACHES (02) 8065 5051 or CENTRAL COAST (02) 4367 5494


What our clients think:
Thank you so much for the professional service you provided. You answered our many questions with patience and understanding, no matter how small. Your level of communication and immediate response was fantastic, making us feel informed and in control, reducing the stress we felt at such a busy time in our lives.
Daniel & Niza
My experience with Stacey Nadel was exemplary. Stacey was conscientious, efficient, timely & above all was a delight to work with as well as being priced very competitively. 
Joy