Sales & Subdivisions
When selling a property most people engage the services of a licensed Real Estate Agent to undertake the marketing, sale and preparation of contract documentation.
Can I sell my property privately?
If you are selling your property without the services of a Real Estate Agent Adelta Legal can assist you with the preparation of the necessary contract and disclosure documentation and guide you through the process. You will not then be paying any commission on the sale, and we charge a competitive fixed fee for this service.
What is a FORM 1?
A Form 1 is a statutory disclosure document that must be provided to a purchaser of the property and it is the service of this document on the purchaser that gives the purchaser 2 clear business days to cool off any signed contract. It is important to therefore provide this to a purchaser at the time of signing a contract to have the cooling off period start as soon as the contract is signed. For a Form 1 to be prepared it is necessary to undertake several searches of both state and local government to obtain all the information necessary to include in a Form 1. The Vendor and the agent usually sign this documents to certify its accuracy. A Form 1 that is defective or inaccurate can lead to a purchaser having extended cooling off rights and/or a claim against the Vendor for damages if they have already settled on the property and something is later discover to have been incorrect.
My real estate agent will not prepare the FORM 1 Statement?
Many Real Estate Agents do not prepare the Form 1 disclosure document but prefer that conveyancers or solicitors do this. This document discloses to the purchaser all of the information that the vendor is required to disclose under the law, for example whether there are any encumbrances or other restrictions to the property.
It is important to ensure the accuracy of the information disclosed as an incorrectly prepared Form 1 can give the purchaser additional cooling-off rights. Adela Legal can prepare the Form 1 and carry out all the relevant government and statutory searches at a competitive fixed fee.
Do I need a conveyancer when sub-dividing my land?
Adelta Legal can assist you in all aspects of sub-division or boundary re-alignments. Such projects involve a minefield of red tape involving surveyors, financial institutions, councils and government departments. Adelta Legal can help you make sense of these requirements.
A sub-division of land can include:
- a change of boundaries between two adjacent properties;
- a division of land into two or more separate allotments; and
- large scale developments creating a new Community Title.
A subdivision commonly creates titles that are Torrens Title or Community Title. Many historic sub-divisions created Strata titles and a few are Company titles (which are quite rare).
How do I sub-divide my land?
The first step in sub-division or a boundary re-alignment is to contact a surveyor and make enquires of the local council to ascertain whether it will be allowable. The surveyor will prepare a plan to be lodged and approved by the Council and the Development Assessment Commission. Once the plan has been approved by all the relevant authorities, Adelta Legal can assist in the preparation and lodgement of all documentation required to be lodged with the Lands Titles Office to have new Certificates of Title issued.
The land division process can take several months depending on the complexity of your specific land division, the workload of council or government agencies and any conditions imposed on your approvals from the relevant council.
We have offices in the city and at Tea Tree Gully for the convenience of clients. In addition, for the elderly or infirm, visits can be made to clients at home or in hospital.
Call us on 08 8415 5000 or send an email to make an appointment.