Purchasing a Property

Yes. In many cases (but not always) a 5 day Cooling Off Period applies after you sign a contract. It is possible to rescind the contract (i.e. ‘walk away’) before that period expires if there is found to be a legal impediment to you proceeding with the transaction. However, it will generally mean that you will forgo a 0.25% deposit i.e. it is not refundable.

CP White & Sons can usually review your contract on the same day we receive it from you providing we get clear instructions and you complete our survey. Having an initial contract review done before signing ought not mean you miss out on the deal!

It is not uncommon for agents to ask for an ‘unconditional’ exchange or a waiver of the cooling off period. They do this, for example, if the property was otherwise proceeding to auction or if the vendor simply wants to have certainty the deal will proceed.

In order to waive a cooling period, the agent will require a certificate from a solicitor verifying that they have explained the consequences of this to this purchaser. CP White & Sons are generally available to provide these certificates however, if you are looking to sign an ‘unconditional’ contract you need to be sure that you have conducted all of your due diligence – for example, your pests and building inspections, your strata report (if applicable) and your legal contract review. But perhaps most importantly you need to make sure you have your finance approvals in place.

Yes, providing you promise to instruct CP White & Sons Solicitors on your final property transaction (i.e. attending to the settlement and documentation after you exchange contracts) and providing you are not bidding on multiple contracts.
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Selling a Property

Yes. By law you must not begin your property for sale unless there is draft contract for sale available on display for prospective buyers. Generally speaking, copies of these are sent to the estate agent by the solicitors once they are prepared.
In addition to setting out the key terms of the transaction (e.g. purchase price, deposit, settlement period), the contract must schedule a number of prescribed documents relating to the property such as a record of your title to the property, council zoning certificates (a.k.a Section 149 Certificates) and, if there is a pool, a compliance certificate for the pool.

It is important that the correct disclosure documents are attached to the contract, otherwise the purchaser may be to walk away from the contract.

Normally, we can prepare a contract for sale so that agents can commence marketing the property within 48 hours of being instructed.

Our charges for preparing a contract vary – from $200 to $800, depending on the nature of the property, the disclosure documents required and the elements of the transaction. However, we can give you a free quote within 10 minutes.

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Conveyancing in NSW

Conveyancing is the legal process of transferring the title of a Property from one person to another, and ensuring that the property transfer occurs in precisely the manner you have agreed with your vendor or purchaser.
A conveyancer is someone who is licenced by the Department of Fair Trading to advise and to effectuate the conveyance in title to a property in New South Wales from one person to another. A solicitor is also qualified to do that but can advise in a broader range of issues relating to your property (for example the steps required to enforce your contract in Court if necessary).

CP White & Sons Solicitors is staffed by both experienced solicitors and licenced conveyancers.

Why should I use CP White & Sons?

Buying and selling property is obviously a significant financial transaction. By using a qualified property lawyer to take care of your property transfer, our qualifications and experience can help you protect your valuable property assets.