Property Settlements

Services

Many people are not aware that their solicitor can handle all aspects of their property conveyancing needs.

At Ellery Brookman our settlements clerks can effect the settlement of your property transaction at the price which is applies to settlement agents (see below). The advantage for you is that in the event that difficulties arise with your settlement and legal advice or assistance is required, that can be arranged in-house through our team of qualified and experienced solicitors.

As part of our service, we will provide you with up to 30 minutes (or 1 hour if you are an existing or past client of Ellery Brookman) of legal advice or services in relation to your transaction at no additional cost.  Many legal issues associated with property conveyances can be determined once and for all using this entitlement, saving you money and, even more importantly, ensuring that your settlement is not delayed while you arrange to see a lawyer who is independent of your settlement agent.

We understand that purchasing your own home can be one of the most substantial personal financial investments you make, while selling a home can be one of the most significant for your long term financial security. We are committed to providing a timely and comprehensive settlements service, keeping you up to date at all times, minimising inconvenience to you and helping you to understand your legal rights and obligations in order to allow you to make informed decisions.

Fees

Our professional fees (and most of your significant disbursements) are determined with reference to the purchase or sale price of your property. You can work out our professional fees by clicking on the below link to the Department of Commerce's website.  Our prices are equivalent to those of a settlement agent.

Also detailed in this link are transfer duty and Landgate registration costs (applicable if you are the purchaser). There will be some additional disbursements (out-of-pocket expenses) which we incur on your behalf such as title search fees and rating body account enquiries, for which we will account to you.

FAQ

Q: How do I appoint Ellery Brookman as my conveyancer?

A: Write “Ellery Brookman” at the base of your Offer and Acceptance as your choice of conveyancer. The real estate agent will then send the Offer and Acceptance to us and we will get in touch with you once we receive it.

Q: Do I have a choice as to who I use as my conveyancer?

A: Sometimes real estate agents will insert their choice of conveyancer into the Offer and Acceptance, to act on your behalf. This is usually someone they have had dealings with before. If you don’t want to use whoever the real estate agent selects you don’t have to. Just let them know that you wish to use Ellery Brookman and then write “Ellery Brookman” at the base of the Offer and Acceptance as your choice of conveyancer.

Q: How much does it cost to do the settlement for my property transaction?

A: There is a scale of costs legislated for settlement agents, and we charge in accordance with this scale. The cost of your settlement will depend on whether you are the buyer or the seller, and the value of your land.

Sometimes you may require legal assistance in the course of your settlement. For example, you may need to know you rights in the event of a dispute. If the other party refuses to settle when they are legally required to do so you may require the preparation and issue of a default notice, or you may require advice about the standard and special terms of the contract and their legal effect (for example, in relation to easements, building covenants and finance clauses).

If you do require such legal advice and have selected Ellery Brookman as your conveyancer the first 30 minutes of legal assistance will be free (the first 1 hour if you are an existing or past client of Ellery Brookman). After that you will be charged at our normal rate for legal services and so in this situation you will receive an invoice for legal services over and above the standard fees for settlements. We will communicate with you in advance about what your legal costs are likely to be.

Q: Do I have to pay up front?

A: In most cases you will not need to pay up front. Rather, arrangements will be made for our fees to be either deducted from the proceeds of sale (if you are the seller) or provided by your bank at the time of settlement as an additional component of your loan if you are the buyer.

Q: I don’t have an offer and acceptance. Can you help me with that?

A: Yes, we can. It’s not uncommon for clients to require the drafting of an offer and acceptance if they are buying land from or selling land to a family member or friend. If you contact us to make an appointment we can help you prepare the paperwork you require as well as going on to effect the settlement on your behalf.

Q: I have an offer and acceptance but not sure if it's right.  Can I get some advice before I sign it?

A: Yes, we would be more than happy to provide you with advice about whether your offer and acceptance addresses all of your needs and requirements before you sign it.  We will provide you with this advice for a fixed fee of $220.  This is a popular service as it enables you to be confident about a contract which might have been drawn up by someone else and which - realistically - deals with one of the biggest decisions you are likely to make in your lifetime.

Q: Can you help me transfer my house from my name solely to the names of my partner and I jointly?

A: Yes, we can, and will advise you on ways of doing this which will be exempt from transfer (stamp) duty.