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Buying property
Finance, title, possession, inspections, duty and settlement timing can each change the next legal step.
Street addresses, unit numbers and marketing descriptions are not substitutes for the legal title. Purchasers should confirm the exact lot, plan, parking or storage interests, easements and common-property arrangements before exchange.
Off-the-plan buyers should focus on the contract’s sunset regime, permitted extensions, plan changes and settlement trigger. A delayed build does not necessarily create an immediate termination right.
Video inspections can be useful, but they should be structured. The person inspecting should work from the contract, inclusions list and known defects, and capture evidence of each issue before settlement.
Settlement dates are contractual obligations, not diary suggestions. If finance will be late, the purchaser should seek advice before the due date and obtain any extension in writing.
A purchaser should never assume a tenant will leave because the property is sold. The lease, residential tenancy law and sale contract must be read together.
A holding deposit can create false confidence. Buyers should ask what the payment means, when it is refundable and whether a binding contract has formed under the law of the relevant state or territory.
Duty should be estimated at the start, then confirmed when the transaction details and eligibility are known. In NSW, it is generally due by the earlier of settlement or three months after the relevant transaction date, subject to specific concessions and deferrals.
Selling property
These matters concern authority, net proceeds, termination claims and possession obligations before completion.
Sellers should budget from net proceeds. Depending on the transaction, deductions may include secured loan payouts, rates and levies, agreed allowances, professional fees and statutory withholding amounts.
Death does not necessarily end an exchanged sale, but it can change who has authority to act. Powers of attorney generally require careful reconsideration on death, and estate documentation may be needed before title can transfer.
When a buyer purports to terminate, a seller should not assume the contract is automatically over, or automatically still on foot. The notice, clause and next steps must be analysed before resale.
If a sale contract promises vacant possession, tenancy timing must be treated as a critical-path item. Sellers should not rely on informal assurances that an occupant will leave.
Special transaction issues
Company title and off-the-plan finance can require a different review from an ordinary residential transfer.
Company title is not simply old strata. The buyer acquires shares and occupancy rights governed by company documents, so due diligence must cover corporate rules as well as the physical apartment.
Off-the-plan buyers carry valuation and lending risk between exchange and completion. Finance approval at signing may not protect against a later valuation shortfall.
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NSW legal practiceOfficial property duty and tax resources. No government affiliation or endorsement is implied.
