Q1: What documents do I need before I can sell my property?

A Vendors Statement also known as a Section 32 Statement needs to be prepared pursuant to the Sale of Land Act 1962. A Section 32 Statement contains information particular to your property such as:

• Easements on the property
• Building permits - if any
• Insurance on the building works - if any
• Copy of the certificate of title with a plan attached of the property being sold
• Information on relevant council, water, electricity, telephone or gas authorities who supply services to the property
• Costs of outgoings to the property

The Vendors Statement must be given to the purchaser before the contract is signed.

Q2: When should I sign the contract?

You should not sign the contract until you have had one of our legal staff look over it with you.

Q3: What is a Covenant?

A covenant is a written agreement between the seller and purchaser of a piece of land. Covenants are often registered on titles so that the land will be used in a certain manner. For example, a covenant may require a dwelling to be built in brick or brick veneer but not mud brick, or the house to have a floor area of no less than a certain size. One of the reasons for having covenants is to create a neat and tidy appearance which generally benefits everyone.

Q4: What is an Easement?

An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, water pipe and carriageway easements. If such easements are on your property then under normal circumstances you cannot built over them unless you have consent from such appropriate authority.

Q5: Why should I insure the purchased property prior to settlement?

When you sign a contract or contract note for the purchase of a property and have paid a deposit, you have created what is known as an "insurable interest" in the property. Naturally, you will want to protect this interest.

While the seller of the property should have certain obligations to have insurance on the property he may not have it insured for the correct amount nor even be trusted to keep the insurance going until settlement day.

Q6: What happens on the day of settlement and do I have to attend?

No, you do not have to attend settlement. If we at Robertson HYETTS are acting for you then we will attend settlement on your behalf and meet at settlement with the sellers and purchasers respective banks. At settlement, balance of payment is received on the vendor's behalf; title documents are verified and exchanged.

Q7: Who pays the rates?

Generally the council, water, body corporate (if applicable), rent (if it is tenanted) and land tax (if there is any) are adjusted. The seller pays for all outgoings up to the date of settlement and the purchaser pays after the settlement date. At Robertson HYETTS we arrange all this for you. For example, if you are a seller and you have paid your council rates in advance which are past the settlement date, then you will be rebated back by the purchaser at settlement.

Q8: Which authorities do we need to advise when selling or buying?

If Robertson HYETTS are acting for you, then we will advise the council and water authority together with the body corporate (if applicable) of your sale or purchase and advise them of the new purchaser details. All you need to do is arrange for the telephone, gas and electricity to be connected and if you are selling to be disconnected prior to settlement. It is that easy!!

To assist you we have listed some utility telephone numbers for your convenience:

 Q9: How can a property be owned?

Property, when owned by more than one entity, can be owned as joint tenants or tenants in common. Where a property is owned by joint tenants, the owners have an identical interest in the land, for the same length of time, and obtained their interest from the same instrument or transaction. Where this occurs, "the right of survivorship" operates, and should one owner die, the deceased's interest passes directly to the surviving owners. Where s property is owned by tenants in common, each owner holds a specified share in the property which can be equal or unequal and can dispose of it as they wish (for example, by will). This is the preferred method of ownership in commercial or investment situations.

Q10: Am I entitled to any government entitlements?

First home buyers and pensioners may be eligible for a grant or concession when buying their home.  For further details see our Government Entitlements section.

Q11: What do I do next?

You now need to notify the estate agent to forward your contract to us. Once we have your contract, we will check all the details and guide you through to settlement.

Our contacts:
Janelle Brown Partner
Tim Robertson Partner
Trevor Kuhle Accredited Specialist