Peter Worrall Lawyers provides a full conveyancing service for all your residential conveyancing needs. When you are ready to sell your property we can provide you with quality service and quality advice on:
The law in Tasmania requires all property sales to be evidenced in writing. Usually the Agent will prepare the Contract for Sale for you. However, you may need special clauses, for example in relation to the settlement date, conditions precedent, or disclosures to the Purchaser. Our lawyers are trained to draft tailored contracts for sale to take care of your particular circumstances. Once the contract is signed, you have very few rights against the Purchaser unless it is written in the Contract. We strongly recommend that you do not sign any contract that you are not sure about. Let us help you by reviewing and advising you before you sign.
At settlement of your sale, you are required to hand over a 'good and marketable documentary title' that is unencumbered. Yes, that is a lot of legal speak for you to worry about. Our lawyers are trained to ensure that your title is in order and ready for settlement. We can advise you about any issues that arise and assist you to correct any problems with your title, if that is required. We also liaise directly with your lender to ensure that your title is unencumbered at settlement.
The real estate agent is your primary consultant in the selling process, although it is not a legal requirement to use an agent in Tasmania. Our lawyers work closely with your agent to ensure that your legal needs are properly taken care of. Some Real Estate Agents charge more or less than the Real Estate Institute of Tasmania recommended scale. The Real Estate Institute of Tasmania has a website at www.reitas.com.au which includes the Estate Agents's Commission fees as recommended by the REIT scale.
If you are selling by Auction, you will need a special form of Contract for Sale by Auction. Your Agent will instruct us to prepare auction conditions. Our lawyers work with you and your agent to ensure your legal position is properly protected. We can even attend the auction if you instruct us to do so, to assist and advise you through the actual auction process.
The current legislative regime does not provide a Vendor Disclosure regime in Tasmania, but it is on the way. For now, the onus is on the Purchaser to investigate the property prior to settlement. Our lawyers are trained to deal with all requisitions and inquiries from Purchasers. When the Vendor Disclosure regime begins, we can assist you and your agent to prepare the necessary disclosure documentation.
Most contracts provide for vacant possession on settlement. This means that you must be completely clear of your property by the day and time of settlement. If you have a tenant, or another reason to not give vacant possession, Our lawyers can assist you with the necessary terms of the contract of sale to properly protect your legal position.
If you are an executor of a deceased estate that has real property assets, we can assist you to dispose of these in a proper manner. Our lawyers are trained to assist you to comply with your duty as an executor, so as to avoid any subsequent dispute from the beneficiaries. We can advise and assist you in all aspects of the sale process.