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Conveyancing

SA

A complete matter management solution for practitioners running a busy conveyancing practice in South Australia.

2 Matter Plans

Overview

The Sale and Purchase of Real Property matter plans cover all the common and less frequent issues that arise in conveyancing matters. Each step of the transaction is outlined in sequential order, with all required precedents conveniently located, along with links to the relevant sections of the comprehensive commentaries.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • A full suite of letters to:
    • clients;
    • real estate agents; and
    • mortgagees.
  • Vendor’s statement;
  • Library of further terms;
  • Library of other agreements, deeds, and contracts;
  • Option agreement and notices.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Sale of Real Property (SA)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Costs Answers
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Folder icon Papers and articles - Conveyancing and property
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon Adjustment for cladding agreements
      • Item icon Adjustment of rates
      • Item icon Adjustment of rent
      • Item icon Adjustments
      • Item icon Adjustments and land tax in 2024
      • Item icon Agreement to lease
      • Item icon Avoiding off the plan - Quality defects
      • Item icon Avoiding off the plan - Statutory rights
      • Item icon Avoiding off the plan contracts - A sequel
      • Item icon Bits and pieces
      • Item icon Breach of contract - Penalty interest
      • Item icon Breach of contract – Reasonably foreseeable loss
      • Item icon Breach of section 32
      • Item icon Caveats (Vic)
      • Item icon Caveats - Forcible removal 1
      • Item icon Caveats - Forcible removal 2
      • Item icon Caveats - Insufficient proceeds from settlement
      • Item icon Caveats - Tenant’s caveats and the sale or mortgaging of freehold property
      • Item icon Caveats - Use them!
      • Item icon Costs and caveats
      • Item icon Certificates of title in electronic conveyancing
      • Item icon Clayton's settlement
      • Item icon Compensation for loss
      • Item icon Contamination
      • Item icon Contract – Australian Consumer Law – Impact on residential conveyancing
      • Item icon Contract - Avoiding off the plan contracts 1
      • Item icon Contract - Avoiding off the plan contracts 2
      • Item icon Contract - Changing the contract by special condition
      • Item icon Contract - Electronic conveyancing special condition
      • Item icon Contract - Electronic signatures
      • Item icon Contract - Entire contract
      • Item icon Contract - Guarantee
      • Item icon Contract - Is there a contract?
      • Item icon Contract - Misleading contracts
      • Item icon Contract - New contract
      • Item icon Contract - New contract - Contract of sale tweaked
      • Item icon Contract - New contract - Happy anniversary
      • Item icon Contract - New special conditions for contract of sale
      • Item icon Contract - Nomination
      • Item icon Contract - Terms contracts 1
      • Item icon Contract - Terms contracts 2
      • Item icon Contract - Terms contracts 3
      • Item icon Contract - Trust transactions
      • Item icon Cooling off
      • Item icon Co-owners - Joint tenancy or tenancy in common
      • Item icon Co-owners and easements – Two topics
      • Item icon Covenant - Removal of covenants 1
      • Item icon Covenant - Removal of covenants 2
      • Item icon Defects - Essential safety measures - Part 1
      • Item icon Defects - Essential safety measures - Part 2
      • Item icon Defects - Occupancy and insurance certificates
      • Item icon Deposit - Deposit release - 2010
      • Item icon Deposit - Deposit release - 2017
      • Item icon Deposit - Deposit release - A solution?
      • Item icon Deposit - Deposit release - Tough decisions?
      • Item icon Deposit - Deposit release - Why take the risk?
      • Item icon Deposit - Forfeiture of deposit
      • Item icon De-regulated Contract of Sale of Land
      • Item icon Deterioration - A matter of degree
      • Item icon Deterioration - General condition 24 has teeth
      • Item icon Deterioration - State of the premises
      • Item icon Disclosure of death
      • Item icon Estate agent - Agent beware
      • Item icon Estate agent’s commission – Money for nothing
      • Item icon Foreign residents capital gains tax withholding
      • Item icon GST - GST and mistake
      • Item icon GST - Margin scheme
      • Item icon GST withholding
      • Item icon Inadvertent disclosure
      • Item icon Inspection - Right to inspect
      • Item icon Land tax - Part 1
      • Item icon Land tax - Part 2
      • Item icon Land transfer duty benefits
      • Item icon Lease - Abandoned goods
      • Item icon Lease - Landlords beware
      • Item icon Lease - Retail lease
      • Item icon Lease - Retail lease - Predominant use
      • Item icon Lease - Retail lease cost
      • Item icon Lost trust deeds
      • Item icon Material facts
      • Item icon Measurements
      • Item icon Mortgage stress
      • Item icon Nomination
      • Item icon Nomination and the Australian Consumer Law
      • Item icon Nomination disputes
      • Item icon Notice of action
      • Item icon Notices - Liability for notices
      • Item icon Off the plan duty concessions
      • Item icon Owner-builder insurance
      • Item icon Owner-builders
      • Item icon Owners corporations
      • Item icon Personal Property Securities Act
      • Item icon Planning certificates - Accuracy
      • Item icon Power of attorney
      • Item icon Priority notice
      • Item icon Property - Rules and undertakings
      • Item icon Rescission - Consequences of rescission 1
      • Item icon Rescission - Consequences of rescission 2
      • Item icon Rescission - Costs on rescission
      • Item icon Retail lease outgoings
      • Item icon Retail premises
      • Item icon Retail repairs
      • Item icon Retail repairs revisited
      • Item icon Sale of land amendments
      • Item icon Scary short-stays
      • Item icon Self managed superannuation funds
      • Item icon Septic situation
      • Item icon Sheriff - Enforcement procedure
      • Item icon Sheriff's sale - Part 1
      • Item icon Sheriff's sale - Part 2
      • Item icon Solicitor - Lawyers selling real estate
      • Item icon Solicitor – Executor’s commission 1 – Horns of a dilemma
      • Item icon Solicitor - Executor's commission 2 - A fiduciary duty
      • Item icon Solicitor – Liability for commercial advice
      • Item icon Stamp duty concessions
      • Item icon Subdivision - Off the plan sales
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 1
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 2
      • Item icon Subdivision - Off the plan sales - Materially affects
      • Item icon Subdivision - Off the plan sales - Sunset conditions
      • Item icon Subdivision - Owners corporation certificates
      • Item icon Subdivision - Owners corporation repairs
      • Item icon Subdivision - Owners corporations
      • Item icon Subject to contract
      • Item icon Sunset clause – Vendor ending a contract – Purchaser’s consent or court order required
      • Item icon Time of the essence
      • Item icon To be or not to Airbnb
      • Item icon Trade practices – Fair trading in property transactions
      • Item icon Vendor statement - Aboriginal Heritage Act
      • Item icon Vendor statement - Breach of section 32
      • Item icon Vendor statement - Growth areas infrastructure contribution
      • Item icon Vendor statement - Honest and reasonable
      • Item icon Vendor statement and leases
      • Item icon Vendor statement review
      • Item icon Vendor statements and the Australian Consumer Law
      • Item icon Vendor's duty to co-operate
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    The purpose of a conveyancing transaction is to transfer the title and use of real property from one party to another. It is not adversarial but is necessarily investigative. Mainly, this is a time of relief for the vendor that they have sold their property and a time of happy, excited anticipation ...

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  • Item icon Summary of the process
    The usual steps in conducting a sale of real property matter include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Sale of real property
    • Item icon To do list - Sale of real property
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity
      • Item icon Verification of identity in electronic conveyancing transactions
      • Item icon Client authorisation
        A client authorisation enables the client to authorise a solicitor or conveyancer to act on their behalf for an electronic transaction. Although the authorisation is similar to a power of attorney, legislation specifically states a client authorisation is not a power of attorney. A client ...

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      • Folder icon Library of identity and authorisation forms - SA
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
        • Item icon Annexure with verifier statement text
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Costs agreement - SA
    • Item icon Scope of work - Sale of real property
    • Item icon Conveyancers costs disclosure - SA
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Initial letter to vendor - Sale by agent
    • Item icon Enclosure - General advice to vendors
    • Folder icon If required - Private contract
      • Item icon Vendor disclosure questionnaire
      • Item icon Initial letter to vendor - Private contract
      • Item icon Letter to vendor enclosing private contract and vendor disclosure questionnaire
      • Item icon Initial letter to agent before sending contract
    • Folder icon If required - Other letters and authorities
      • Item icon Letter to solicitor with authority for deeds
      • Item icon Authority to solicitor to forward deeds
      • Item icon Letter to client acknowledging we act for both parties
      • Item icon Acknowledgment that conveyancer acts for more than one party
    • Folder icon If required - Power of attorney for land
      • Item icon Powers of attorney for land transactions
        It is common for one person to appoint another to be their representative to undertake some activity on their behalf. The law has always recognised this arrangement, which at its simplest is governed by the law of agency. The need for the person acting on behalf of another to prove the agency ...

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      • Item icon Power of attorney
      • Item icon Enduring power of attorney
      • Item icon Revocation of power of attorney
      • Folder icon Library of clauses for power of attorney
        • Item icon Company appoint attorney to conduct the business of the company
        • Item icon Access to will
        • Item icon Company appoint attorney to execute documents
        • Item icon Director appointing substitute during absence
        • Item icon Discharge of mortgage
        • Item icon Purchase of real property
        • Item icon Mortgage
        • Item icon Sale of real property
        • Item icon Application for probate or administration - Executor out of jurisdiction
    • Folder icon Foreign resident capital gains withholding payments
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the purchaser is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the vendor provides a clearance ...

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      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding purchaser payment notification
      • Item icon Foreign resident capital gains withholding rate variation application
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

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    • Item icon Letter to purchaser client regarding GST withholding payment
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Contract
    • Item icon Vendor’s statement of disclosure
      A vendor of land which is sold as an estate in fee simple or Crown leasehold needs to provide a disclosure statement as set out in s 7 of the Land and Business (Sale and Conveyancing) Act 1994. The vendor’s statement is commonly referred to as a Form 1. This is required when land is sold as an ...

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    • Item icon Vendors statement (section 7)
    • Item icon Form of the contract
      The Real Estate Institute contract and the Law Society contract are both designed to be in two parts. The first part comprises the general conditions as set down by legislation. The second part provides all the requirements specific to the particular transaction.

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    • Item icon Standard property documents - Law Society of South Australia
    • Item icon Particulars of sale
      Panels identifying the parties and their representatives are followed by the panel headed land, which makes it plain that all improvements and fixtures on the land are included in the sale. The payment panel allows for details of the price and deposit to be specified. GST has its own panel. The ...

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    • Item icon Inclusions
      Inclusions that form part of the sale should also be identified in the contract to avoid confusion. For instance, a common assumption by purchasers is that large freestanding items, such as birdbaths or entrance step pots, are included. Generally, all fixtures will pass with the property and all ...

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    • Item icon GST residential withholding - Supplier notification
    • Item icon Special conditions
      Special conditions may cover a wide range of circumstances and exist to ensure that the contract is tailored to the needs and understanding of the parties. Clarity of drafting is imperative in this regard. If work is to be done by the vendor prior to settlement, for example, then a date by which it ...

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    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Building - Construction of house by builder
      • Item icon Confidentiality - Purchaser
      • Item icon Contamination - Purchaser accept any contaminant
      • Item icon Contamination - Purchaser accepts named contaminant
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Defects liability - Minor defects period
      • Item icon Deposit - Bond issued to vendor
      • Item icon Deposit - Exchange on less than 10 per cent
      • Item icon Deposit - Investment in interest bearing trust account
      • Item icon Deposit - Release for use by vendor as deposit or transfer duty
      • Item icon Development - Vendor will facilitate purchasers proposed development
      • Item icon Development application - Vendor to consent following exchange
      • Item icon Documents - Attached
      • Item icon Early settlement - Discount for
      • Item icon Early settlement - Discount price - Time critical to vendor
      • Item icon Executor - Vendor executor and not yet registered proprietor
      • Item icon Executor - Vendor executor and not yet registered proprietor - Electronic settlement
      • Item icon Finance - Completion subject to - Concise
      • Item icon Finance - Completion subject to - Extensive
      • Item icon Finance - Completion subject to - Named lender
      • Item icon Foreign purchaser - Completion subject to FIRB approval
      • Item icon Foreign purchaser - Warranty regarding foreign person status
      • Item icon GST - Apportionment of price - Agreed values
      • Item icon GST - Apportionment of price - Valuation required
      • Item icon GST - Farm land supplied for farming
      • Item icon GST - Included in price margin scheme applies no input tax credit
      • Item icon GST - Payable by purchaser in addition to price
      • Item icon Guarantee clause - Corporate purchaser
      • Item icon Interdependent - Completion subject to purchase by vendor
      • Item icon Interdependent - Completion subject to sale by purchaser
      • Item icon Interdependent contracts
      • Item icon Interest to run from expiry of notice to complete
      • Item icon Outstanding notice - Purchaser will comply
      • Item icon Passing of risk - Changing time
      • Item icon Pest report - Completion subject to satisfactory report
      • Item icon PPSA - Release of security interest
      • Item icon PPSA - Undertaking by secured party to register release of security interest
      • Item icon Plant equipment - Value included in sale
      • Item icon Possession - Purchaser enters before completion
      • Item icon Possession - Vendor stays on after completion - Licence agreement
      • Item icon Possession - Vendor stays on after completion - Residential lease
      • Item icon Price - Apportionment of price between land and construction
      • Item icon Property - Identity of the land
      • Item icon Property - Matters to which the land is subject
      • Item icon References to statutes
      • Item icon Registration - Time for registration of plan
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rural - Special conditions
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Strata - Body corporate creation
      • Item icon Terms contract - Special condition
      • Item icon Transfer by direction
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Use - No warranty as to use
      • Item icon Use - Purchaser to be satisfied as to use
      • Item icon Waiver of breach
      • Item icon Whole agreement
    • Item icon Other contract considerations
      Sales subject to subdivision Section 18 of the Land and Business (Sale and Conveyancing) Act 1994 sets out the obligations and offences with respect to the sale of subdivided land. If assisting in an application to subdivide, see the Real Property Regulations 2024 and Part 19AB of the ...

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    • Folder icon Library of other contracts, deeds and agreements
      • Item icon Contract for sale of personal property
      • Item icon Contract for sale of shares company title lot
      • Item icon Contract for sale of shares of a company owning property
      • Item icon Contract for sale and lease of manufactured home - Vendor is lessor
      • Item icon Contract for sale and lease of manufactured home - Vendor is not lessor
      • Item icon Conveyance of old system property
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Vendor retains possession after completion
      • Item icon Partition agreement
    • Item icon Letter to agent sending contract
  • Folder icon C. Negotiation and exchange
    • Folder icon If required - Private contract
      • Item icon Deposit
        When the contract is signed, a deposit is usually specified and is held by the agent or vendor’s solicitor as stakeholder. There is no restriction on how small a deposit can be, but one that is more than 10% of the total purchase price may be considered to be an instalment payment. ...

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      • Item icon Signing the contract
        The signing of a contract is governed by common law in South Australia, which is different to many other states that have legislative provisions. The common law position is that once a party has signed a contract, it becomes enforceable against them. This means that if the vendor is seeking to ...

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      • Item icon Letter to vendor to sign contract and bring loan details
      • Item icon Letter to vendor with contract to sign when we have not seen them
      • Item icon Exchange
        It is common for the parties to both sign the same copy of the contract and then copies are distributed to each party, usually by the real estate agent. However, this is not always possible. Alternatively, contracts can be signed in counterpart and then exchanged. In this circumstance, the ...

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      • Item icon Letter to purchaser's solicitor with contract
    • Folder icon Library of option precedents
      • Item icon Option to purchase agreement
      • Item icon Put and call option agreement
      • Item icon Call option notice
      • Item icon Put option notice
      • Item icon Put and call nomination notice
    • Item icon Cooling off
      A building owner has 5 clear business days after entering into the contract to terminate on providing written notice to the builder: s 36. Notice must be delivered to the builder by hand or posted to the builder’s address by certified mail. The building owner may also terminate the contract ...

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    • Item icon Initial letter to purchaser's solicitor
    • Item icon Letter to vendor after exchange
    • Item icon AI Prompt for post exchange letter to Vendor
    • Folder icon Other letters to vendor
      • Item icon Letter to vendor when property withdrawn from sale
      • Item icon Letter to vendor re unsold property
    • Item icon Letter to agent confirming exchange
    • Item icon Letter to agent requesting release of deposit
  • Folder icon D. Mid transaction
    • Item icon Letter to discharging mortgagee requesting discharge
    • Folder icon If required - Off the plan
      • Item icon Letter to purchaser's solicitor advising plan registered
      • Item icon Agreement for mutual rescission of contract
    • Item icon Transfer
    • Item icon Transfer - dealing with rights
    • Item icon Transfer by mortgagee exercising power of sale
    • Item icon Irrevocable authority
    • Folder icon Foreign resident capital gains withholding payment
      • Item icon Letter to client for foreign resident capital gains clearance certificate
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Letter to other side’s solicitor enclosing foreign resident capital gains clearance certificate or rate variation
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

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    • Item icon Issues arising before settlement
      Occasionally, matters arise between the signing of the contract and the settlement date which give rise to the termination or amendment of the arrangement. These can be broadly split into two categories; want of title and defect of title. A want of title refers to a misdescription of the property ...

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  • Folder icon E. If required - Claims and notices
    • Item icon Notices
      Notices can be served on either party in accordance with the contract. They need to be in writing and served immediately. The most common circumstances giving rise to the need for service of a notice are for breach of a condition of the contract, when a notice of default is used, and failure to ...

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    • Item icon Issues with service of notices by email
      Should a contract expressly provide for the communication of notices by way of email, it will usually stipulate when notice is deemed to be received and is normally said to be the time that the email is sent. This can produce an unfortunate result as the notice may go to the recipient’s junk mail ...

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    • Item icon Notice to remedy breach of contract
    • Item icon Notice of default and notice to complete
    • Item icon Letter to other side's solicitor with notice of default
    • Item icon Notice of termination for failure to complete
    • Item icon Letter to other side with notice of default
    • Item icon Deed of mutual termination of contract
    • Item icon Caveats
      A caveat is a form of caution, from the Latin word for beware. A caveat gives other parties notice that an unregistered interest in the land exists and prevents further dealings with that land until the interest can be registered. A common example of an interest that forms the subject of a caveat ...

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  • Folder icon F. Paper transaction - Through to settlement
    • Item icon Preparing for settlement
      Adjustments are calculated by the purchaser’s representative. Care needs to be taken to identify the status of all rates and charges applicable to the property as adjustments after settlement can be difficult. It should be ensured that the correct deposit amount is allowed. If the deposit is paid ...

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    • Item icon Time
      Normally, settlement will occur any time prior to 5 pm on the day nominated if being transacted on PEXA, or pursuant to a notice given under a special condition relating to registration of a subdivision or other contingency. Under the standard contracts, time is of the essence. If a new agreement ...

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    • Item icon Letter to agent before settlement requesting balance of deposit
    • Item icon Letter to agent confirming settlement booked
    • Item icon Settlement Statement
    • Item icon Letter to purchaser's solicitor enclosing settlement statement and requesting payments for settlement
    • Item icon Letter to vendor prior to settlement enclosing settlement statement
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Item icon Direction to pay to purchaser's solicitor
    • Item icon Settlement process
      Prior to settlement, it is advisable to ensure that the client does not pay any council rates or water rates or emergency services accounts, as these will not be included in the adjustment calculations.

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    • Item icon Settlement instructions - Sale with mortgagee
    • Item icon Settlement instructions - Sale without mortgagee
    • Item icon Letter to tenant after settlement
  • Folder icon G. Electronic transaction - Through to settlement
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Folder icon Client authorisation
      • Item icon Client authorisation
    • Item icon Preparing for settlement
      Adjustments are calculated by the purchaser’s representative. Care needs to be taken to identify the status of all rates and charges applicable to the property as adjustments after settlement can be difficult. It should be ensured that the correct deposit amount is allowed. If the deposit is paid ...

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    • Item icon Time
      Normally, settlement will occur any time prior to 5 pm on the day nominated if being transacted on PEXA, or pursuant to a notice given under a special condition relating to registration of a subdivision or other contingency. Under the standard contracts, time is of the essence. If a new agreement ...

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    • Item icon Letter to agent confirming settlement booked
    • Item icon Settlement Statement
    • Item icon Letter to vendor prior to settlement enclosing settlement statement
    • Item icon Enclosure - Explanatory sheet in relation to settlement and adjustments
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Item icon Settlement process
      Prior to settlement, it is advisable to ensure that the client does not pay any council rates or water rates or emergency services accounts, as these will not be included in the adjustment calculations.

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    • Item icon PEXA Help Centre - SA
    • Item icon Record keeping and compliance examinations
      Supporting evidence for the transaction needs to be kept for at least 7 years from the date of lodgment. This includes the verification of identity and client authorisation, as well as any supporting evidence for the transaction, for example, paper certificates of title, statutory ...

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    • Item icon Letter to tenant after settlement
  • Folder icon H. Finalising the matter
    • Item icon Finalising the matter
      In reporting and accounting to the client it is often difficult for them to understand how rate adjustments work. The precedent Explanatory Sheet in Relation to Settlement and Adjustments goes a long way to solving this problem.

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    • Item icon Letter to agent advising settlement - No funds due
    • Item icon Letter to agent confirming settlement and enclosing commission
    • Item icon Letter to vendor after settlement
    • Item icon Enclosure - Explanatory sheet in relation to settlement and adjustments
    • Item icon AI Prompt for post settlement letter to Vendor
    • Item icon Letter to community corporation - Change of ownership
    • Item icon Letter to council - Change of ownership
    • Item icon Letter to RevenueSA - Change of ownership
    • Item icon Letter to SA Water - Change of ownership
    • Item icon Example invoice incorporating notification of client's rights - SA
    • Item icon Invoice recital - Conveyancing
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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