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LEGAL - SERVICES

Our approach is outcome-driven based on a deep understanding of our client’s legal requirements in the context of their business objectives. We’re highly regarded for exceptional, practical legal services that genuinely add value.

LEGAL CONVEYANCING

We provide exceptional service when buying or selling residential or commercial property, off the plan properties, subdivisions, wills & deceased estate transactions and property disputes.

CONVEYANCING - SERVICES

Residential Conveyancing

Residential conveyancing is the legal process which commences when an individual seeks to purchase or sell a residential property. Residential conveyancing is a complex legal process, and it is advisable to obtain legal advice to ensure you do not pay unnecessary penalties and fees.

XARY can assist you whether you are purchasing or selling a residential property. By choosing XARY to act on your behalf, we can assist by:

• Providing pre-contractual advice
• Conducting necessary property searches
• Preparing your settlement statement
• Advising on stamp duty
• Liaising with financial advisors should the contract be subject to finance.
• Preparing the statement of adjustments
• Arrange and attend settlement.

Our experienced team will be able to assist and provide easy to understand advice regarding any legal issues which may arise when going through the process of residential conveyancing. Should you wish to enquire about selling or purchasing a residential property, please feel free to contact our legal team at XARY.

Commercial Conveyancing

Our lawyers have developed extensive knowledge and expertise over decades of dealing with commercial conveyancing matters.

We can assist anyone who is looking to buy or sell a commercial property. We will conduct the necessary due-diligence and assist from out initial consultation all the way through to settlement.

Dealing with businesses can involve lengthy negotiations which can be time consuming for current and prospective business owners to deal with. Our team will be able to relive the pressure and stress by negotiation on your behalf and in accordance with your instructions, to ensure you reach desired outcome.

If you are purchasing or selling commercial property and need advice, feel free to contact our team.

Off that plan contracts

An off the plan contract is normally where a developer arranges to sell a property prior to construction commencing.

Whilst purchasing a property of the plan can be a great option for individuals wanting to save on stamp duty it does pose many risks that may be overlooked. Our legal experts can assist with reviewing and advising on off the plan contracts which will include:

• Informing the purchaser of their rights and risks
• Potential grounds to terminate the contract
• Inclusion of Sunset date clauses; and
• Advising on special conditions which may be included in the contract.

If you are intending to purchase a property off the plan or have already entered into an off the plan contract and wish to terminate the agreement, come speak with our legal team for advice.

Auction Contracts

Auction contracts are agreements between the vendor and purchaser, in which the vendor agrees to sell the property for the highest bid at auction.

An action contract contains different terms and conditions compare to a normal contract of sale which place certain obligations on the bidder and is important to be aware of should you be intending to purchase a property at auction.

When an auction is taking place, it is important to understand the auctioneer’s responsibilities and obligations during the process to ensure they are complying and providing all potential purchasers with a fair opportunity to acquire the property.

Our legal department can assist by reviewing and providing advice on auction contracts that will inform you of your obligations and rights should you choose to place a bid at auction.

Searches

When undertaking the conveyancing process, you may wish to make inquires to different authorities in order to obtain information about the property you are intending to purchase.

Conveyancing searches are essential to carry out as they help identify any issues with the property before it is too late.

With over 50 different types of searches available it can become confusing as to which searches need to be carried out and which searches are not required.

XARY Lawyers can advise you on which searches are essential to your specific transaction and inform you of the relevant fees associated with the search. We can also conduct any required property search needed for conveyancing purposes.

If you need to enquire about certain information regarding a property, you own or wish to acquire, please feel free to contact us.

PEXA electronic register

Our team of lawyers are registered users of PEXA, an electronic platform used to conduct property settlements and conveyancing.

The PEXA electronic register ensures that we are able to satisfy our client’s conveyancing needs quickly and efficiently to finalise the settlement. It also provides transparency for all parties involved in the transaction, whether they are a financier or the other party’s conveyancer or solicitor.

To take advantage of the PEXA register and ensure a fast and efficient settlement, contact us now.

Lost titles

There are common events that can lead to individuals losing their original property title. Whilst you may think you do not need the original property title it once you have already acquired the property, not having it can lead to legal implications in the future.

In order to replace a lost or destroyed title there are various forms which need to be completed.

If your property title has been misplaced or destroyed, we recommend making an application with the relevant authority to have it replaced as soon as possible to avoid issues in the future.

Our firm can assist with completing the required applications and lodgement process needed to obtain a replacement title.

If your property title has been destroyed or misplaced, contact us now to organise a replacement before it is too late.

Discharge of Mortgage

When buying or selling a property, it is important to ensure the property is unencumbered upon settlement. Most properties have an existing mortgage attached to the property which if not discharged could delay settlement.

XARY ensures in all conveyancing matters that the mortgage associated with the property is correctly discharged so that settlement can occur on time.

Property loan refinance

Individuals and companies what have managed to maintain a loan for a property may wish to change the loan product or move to another lender. In order to do this, they will need to undergo the process of refinancing.

Our legal team can assist with:
• Reviewing loan documents
• Providing advice on your all loan transactional and CP documents; and
• Liaising with financiers to ensure documents are provided and executed correctly.

If you are looking to refinance an existing loan and need any assistance, feel free to contact us.

Property Transfers

When transferring property there are a certain legal document that must be considered and signed. Reasons you may need to transfer a property to another person include:

• Transferring property due to a family law settlement
• Transferring property to your children
• Asset of trust
• Buying or selling property

If you are needing to transfer a property to a third person, or even need a property to be transferred to you, XARY lawyers specialise in conveyancing and can guide you through the milestones that must be taken.

Special Conditions

Special conditions in your purchase or sale contract are designed to provide certainty and protection when purchasing or selling a property.

Some of the special conditions which a contract may include are:
• Access to property
• Early possession
• Body corporate approval of pets
• Soil tests
• Lease by seller
• Repairs prior to settlement
• Sunset clause

The legal team at XARY are able to assist you with drafting as well as advising you according to your specific needs when preparing a contract for residential sale or purchase.

Stratum Titles

Strata title is a type of ownership for multi-story apartment buildings and horizontal subdivisions with common areas.

To defend your rights as a tenant, resident or owner and manage ownership, you can rely on Xary lawyers to protect your rights and help you resolve any disputes that may arise.

Our services are modular and provided on a needs basis, giving you flexibility to tailor a scope that fits in with your projects and budgets

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