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Conveyancing

TAS

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

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.
  • 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 (TAS)
  • 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 A Brief Explanation of the Transition to E-Conveyancing
    • Item icon 101 Costs Answers
    • 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 Verification of identity in electronic conveyancing transactions
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity and client authorisation forms
      • Item icon Client authorisation
        A client authorisation enables the client to authorise a solicitor or conveyancer to act on their behalf in a conveyancing transaction. Although the authorisation is similar to a power of attorney, legislation specifically states a client authorisation is not a power of attorney. Client ...

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      • Folder icon Library of identity and authorisation forms - TAS
        • Item icon Verification of identity certificate
        • Item icon Client authorisation (Tasmania only)
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Initial letter to vendor with costs disclosure
    • Item icon Costs agreement - TAS
    • Item icon Scope of work - Sale of real property
    • Item icon Conveyancers costs disclosure - TAS
    • 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 Letter to agent with draft contracts
    • 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 If required - Authorities and acknowledgements
      • Item icon Authority council records inspection by purchasers
      • 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 Irrevocable authority
    • Folder icon If required - Power of attorney for land
      • Item icon Powers of attorney for land transactions
        It is common for one person to want to appoint another person 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 ...

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      • Item icon General power of attorney
      • Item icon Particular power of attorney
      • Item icon General enduring power of attorney
      • Item icon Particular enduring 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
    • 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 Form of the contract
      The Standard Form Contract for Sale of Real Estate in Tasmania produced by the Real Estate Institute of Tasmania and the Law Society of Tasmania, commonly referred to as the REIT contract, is in two parts. The first part comprises the Particulars of Sale. The second part sets out the Standard ...

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    • Item icon Disclosure requirements
      Tasmania does not have obligations that require the vendor to provide the purchaser with third party documents such as plans, title documents, and a s 337 council certificate. The fundamental principle in conveyancing under the existing law is caveat emptor – let the buyer beware. It is a ...

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    • Item icon Title
      With limited exceptions, a purchaser who deals with the registered proprietor is protected by the concept of indefeasibility under s 42 of the Land Titles Act 1980. For this reason, the vendor should always be the registered proprietor, and their details obtained from a title search. If the ...

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    • Item icon Contract for Sale of Real Estate - The Law Society of Tasmania
    • Item icon GST residential withholding - Supplier notification
    • Item icon Inclusions
      This is often an area which leads to disputes. Care should be taken to ensure that all inclusions are stated and any items that a purchaser might consider to be included, but are not, are shown as exclusions. Typically, disputes arise over such items as birdbaths, large entrance pots, cubby houses, ...

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    • Item icon Special conditions
      The Law Society and Real Estate Institute contract is designed to eliminate the need for any alterations and additions to the contract. Some solicitors and conveyancers add special conditions. However, some have many pages, often changing minor matters in the standard form and providing for every ...

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    • Item icon Standard special conditions
    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Boundary adjustment - Completion subject to
      • Item icon Building inspection - Completion subject to satisfactory report
      • Item icon Buildings and fixtures - Sold in present state and condition
      • Item icon Building regulations - Non compliance
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Confidentiality - Purchaser
      • Item icon Contamination - Purchaser accept any contaminant
      • Item icon Contamination - Purchaser accepts named contaminant
      • Item icon Council approval - Completion subject to
      • Item icon Covenant - Property sold subject to certain covenants
      • Item icon Covenant - Property sold subject to covenants to be created
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Deadline for acceptance of offer
      • Item icon Defects liability - Minor defects period
      • Item icon Delay - Purchaser fails to complete
      • 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 Due diligence - Completion subject to
      • Item icon Earlier contract to be terminated - Completion subject to
      • 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 Finance - Vendor finance
      • 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 GST withholding - Residential premises or potential residential land
      • Item icon Guarantee clause - Corporate purchaser
      • Item icon Guarantee - Independent
      • Item icon Independent investigation of environmental conditions by purchaser
      • Item icon Inspection after reliance on photos - Completion subject to
      • Item icon Inspection - Completion subject to
      • 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 and ownership
      • 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 Reduce time for satisfying conditions
      • Item icon Registration - Time for registration of plan
      • Item icon References to statutes
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rezoning - Completion subject to
      • Item icon Right of carriageway
      • Item icon Risk - Purchaser accepts risk of purchase sight unseen
      • Item icon Rural - Special conditions
      • Item icon Sale on as is where is basis
      • Item icon Sale subject to easement to be registered
      • Item icon Sale subject to lease
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Strata title
      • Item icon Structural inspection - Completion subject to
      • Item icon Subdivision approval - Completion subject to
      • Item icon Subdivision - Completion subject to
      • Item icon Tenant - Purchaser is existing tenant
      • Item icon Terms contract - Special condition
      • Item icon Transfer by direction
      • Item icon Transfer of crown lease licence on completion - Completion subject to
      • Item icon Transfer of water rights - Completion subject to
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Unregistered strata plan lot and common property identity
      • Item icon Use - No warranty as to use
      • Item icon Use - Purchaser to be satisfied as to use
      • Item icon Vendor to assist with development applications
      • Item icon Vendor completing construction - Completion subject to
      • Item icon Vendor completing works - Completion subject to
      • Item icon Vendor warranties
      • Item icon Vendor may refuse to answer objection or requisition
      • Item icon Waiver of breach
      • Item icon Water charges
      • Item icon Warranty of condition on settlement
      • Item icon Whole agreement
    • Item icon Tax
      Goods and services tax (GST) It must be clear whether GST is payable by the purchaser and if it is included in the price. Under the standard contract, the sale price includes GST if the supply is not a taxable supply or is an input-taxed supply of residential property. In all other circumstances ...

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    • Item icon Other considerations
      Auctions Once the contract is formed by acceptance of the highest bid, there is no opportunity to change or amend the contract as there is on a negotiated sale. Therefore, the contract needs to be as complete as possible.

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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 Conveyance of old system property
      • Item icon Contract for sale and lease of manufactured home - Vendor is not lessor
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Granny flat agreement as contemplated by Services Australia
      • Item icon Partition agreement
      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Vendor retains possession after completion
  • Folder icon C. Negotiation and exchange
    • Item icon Letter to purchaser's solicitor with draft contract
    • Item icon Signing the contract
      Section 36 of the Conveyancing and Law of Property Act 1884 requires the contract to be signed by the parties or their duly authorised agents. The authority does not need to be in writing but in practice, the other party is unlikely to be satisfied that the agent has authority without some ...

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    • Item icon Letter to vendor with contract to sign when we have not seen them
    • Item icon Cooling off
      There is no automatic cooling off right for purchasers. Instead, a 3 business day cooling off period is an optional provision included in the standard contract. This means the purchaser and vendor must agree on whether cooling off applies. If cooling off applies, the purchaser may terminate ...

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    • Item icon Exchange
      Exchange can be effected personally, by post, by email, or via an electronic signature platform such as DocuSign. As it is customary for agents to draft the contract, exchange usually occurs when the vendor signs the copy previously signed by the purchaser that was sent to the agent.

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    • Item icon Letter to purchaser's solicitor returning exchanged contract
    • Item icon Letter to vendor after exchange
    • Item icon AI Prompt for post exchange letter to Vendor
    • Item icon Deposit
      On exchange a 10% deposit is usually required and is held by the agent or vendor’s solicitor as stakeholder. If it is difficult for the purchaser to pay the whole of the deposit, a smaller deposit can be agreed, and 5% is typical. If the purchaser defaults leading to a termination of the contract, ...

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    • Item icon Letter to agent requesting release of deposit
    • 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 Passing of risk
      The risk of the property passes to the purchaser on the earlier of possession or completion.

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    • Item icon Possession before settlement
      If the vendor agrees to possession before settlement, the standard contract provides for the purchaser to take the risk of the property from the date of possession, and it is usually agreed that the rates be adjusted from that date. The standard contract makes no provision for possession before ...

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  • Folder icon D. Mid transaction
    • Item icon Discharge of mortgage or other encumbrance
      It is standard procedure for the vendor’s practitioner to write to the mortgagees to arrange discharge of their mortgages which they are obliged to do as they cannot clog the equity of redemption. No such obligation attaches to a caveator, and it is therefore prudent before exchange to ensure a ...

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    • Item icon Letter to discharging mortgagee requesting discharge
    • Item icon Letter to purchaser's solicitor to extend sunset period
    • Item icon Letter to purchaser's solicitor advising plan registered
    • Item icon Replies to requisitions
      This is a part of the sale transaction that is rarely completed satisfactorily as it is time-consuming to consider each of the innumerable questions asked. The sections and subsections of the many acts referred to would need to be read. The result is formula replies, such as the purchasers should ...

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    • Item icon Letter to client with replies to requisitions for approval
    • Item icon Letter to client enclosing transfer for execution
    • Folder icon If required - Strata
      • Item icon Letter to owner's body corporate giving consent to inspect records
      • Item icon Letter to body corporate requesting section 83 certificate
      • Item icon Letter to body corporate requesting production of insurance
    • Folder icon If required - Statutory declarations and mutual rescission
      • Item icon Statutory declaration - blank - TAS
      • Item icon Clause - Statutory declaration regarding relationship
      • Item icon Clause - Statutory declaration by proprietors - Lost title
      • Item icon Agreement for mutual rescission of contract
    • 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 Approved forms for lodgement - Land Information System Tasmania
  • Folder icon E. If required - Claims and notices
    • Item icon Claims
      The rule in Flight v Booth (1834) 1 31 ER 1160 applies to many possible situations when unknown to the purchasers, the subject matter of the contract is so affected that it could reasonably be assumed that they would not have entered the contract had they known. In this case, the purchaser may ...

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    • Item icon Notices
      Normally, settlement will be effected on the day nominated in the contract or under a notice given under a special condition relating to the registration of a subdivision or other contingency. If the purchaser fails to settle, it may be appropriate to issue a notice to complete. Most special ...

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    • Folder icon If required - Notices of rescission
      • Item icon Notice of rescission generally
      • Item icon Notice of rescission non-registration of plan
      • Item icon Letter to purchaser with notice of rescission
      • Item icon Letter to purchaser's solicitor with notice of rescission
    • Folder icon If required - Notice of termination
      • Item icon Notice of termination
      • Item icon Letter to purchaser with notice of termination
      • Item icon Letter to purchaser's solicitor with notice of termination
    • Folder icon If required - Notice to complete
      • Item icon Notice to complete
      • Item icon Letter serving purchaser with notice to complete
      • Item icon Letter to purchaser's solicitor serving notice to complete
      • Item icon Letter to purchaser's solicitor disputing notice to complete
  • Folder icon F. Paper transactions - Through to settlement
    • Item icon Certificates of title
      A certificate of title is required to be lodged alongside specific registry instruments and documents for both paper and electronic lodgements.

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    • Item icon Adjustments
      Adjustments are undertaken towards the end of a conveyancing transaction and put into effect at settlement when the purchaser pays the balance of the purchase price to the vendor and becomes entitled to the property. Ownership involves paying outgoings, such as rates, and receiving income, such as ...

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    • Item icon Settlement Adjustment Sheet
    • Item icon Payment directions
      Having satisfied the discharging mortgagee’s requirements and agreed on adjustments, a direction to pay is given to the purchaser’s solicitor. The vendor's payment directions must be given a reasonable time before settlement. It is reasonable to expect details of cheque requirements a minimum of ...

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    • Item icon Direction to pay to purchaser's solicitor
    • Folder icon If required - Deposit required for settlement and tenant direction
      • Item icon Letter to purchaser's solicitor to authorise use of deposit at settlement
      • Item icon Letter to agent when deposit required at settlement
      • Item icon Letter to tenant on sale of property
    • Item icon Letter to vendor with settlement figures and our account
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Item icon Settlement process
      To some extent, a conveyancing transaction culminates in settlement or completion. While there are still some matters to be attended to after settlement, this is the important event when the purchaser pays the balance due under the contract and becomes entitled to possession of the property.

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    • Item icon Settlement instructions - Sale with mortgagee
    • Item icon Settlement instructions - Sale without mortgagee
    • Item icon Letter to agent confirming settlement and enclosing order on agent
  • Folder icon G. Electronic transactions - Through to settlement
    • Item icon Electronic conveyancing
      The Participation Rules require client authorisation to be obtained whenever a subscriber represents a client in an electronic conveyancing transaction, except where the subscriber is preparing and lodging a caveat, priority notice, or withdrawal of priority notice. Obtaining a client authorisation ...

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    • Item icon Certificates of title
      A certificate of title is required to be lodged alongside specific registry instruments and documents for both paper and electronic lodgements.

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    • Item icon Production of title for electronic transactions
      The title must be produced to the Land Titles Office via Tasmanian Online Land Dealings (TOLD) before the transaction can be lodged in a PEXA Workspace. If the title is already held by the Land Titles Office, then it is produced by completing and lodging a Production Slip through TOLD.

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    • Item icon Adjustments
      Adjustments are undertaken towards the end of a conveyancing transaction and put into effect at settlement when the purchaser pays the balance of the purchase price to the vendor and becomes entitled to the property. Ownership involves paying outgoings, such as rates, and receiving income, such as ...

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    • Item icon Settlement Adjustment Sheet
    • Item icon Financial Settlement Schedule
      Settlement payments are made electronically at the time of settlement. The amount required on settlement is made available by the mortgagee, including any additional funds they have authority to draw on. Any additional funds the purchaser is providing are deposited into their representative’s trust ...

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    • Folder icon If required - Deposit required for settlement and tenant direction
      • Item icon Letter to purchaser's solicitor to authorise use of deposit at settlement
      • Item icon Letter to agent when deposit required at settlement
      • Item icon Letter to tenant on sale of property
    • Item icon Letter to vendor with settlement figures and our account
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Item icon Letter to agent confirming settlement and enclosing order on agent
    • Item icon Settlement process
      To some extent, a conveyancing transaction culminates in settlement or completion. While there are still some matters to be attended to after settlement, this is the important event when the purchaser pays the balance due under the contract and becomes entitled to possession of the property.

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  • Folder icon H. Finalising the matter
    • Folder icon If required - Not proceeding
      • Item icon Letter to vendor when property withdrawn from sale
    • Item icon Finalising the matter
      In reporting and accounting to the client the Explanatory Sheet in Relation to Settlement and Adjustments, available on the matter plan, assists the client in understanding the adjustment process.

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    • Item icon Letter to vendor after settlement finalising the matter
    • Item icon Enclosure - Explanation of settlement and adjustments
    • Item icon AI Prompt for post settlement letter to Vendor
    • Item icon Example invoice incorporating notification of client's rights - TAS
    • Item icon Invoice recital - Conveyancing
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon Record keeping and compliance examinations
      Supporting evidence for the transaction must be kept for at least 7 years from the date of lodgement. This includes the verification of identity documents and client authorisation, as well as any supporting evidence for the transaction, for example, statutory declarations, duties supporting ...

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