haskins
 

FAQ's

What other services do you provide?

  • Attendance at ASIC to obtain Company Searches
  • Online ordering of Titles, Encumbrances, Surveys, Sales evidence etc from Landgate
  • Applications to amend name on your Title due to Marriage or Divorce
  • Applications relating to deceased Estates (e.g. Survivorship Applications and Transmission Applications for Executors)
  • Applications for Lost Titles
  • Transfers between related parties e.g. pursuant to Family Court orders
  • Transfers from Trustees to beneficiaries e.g. Family Trusts
  • Applications to obtain Titles for subdivision e.g. Strata Plan or Deposited Plan
  • Offer and Acceptance Contracts including conditions for private sales

Please contact our office with your specific requirements and we will advise you of our costs associated with making the above enquiries and preparing any of the above documents

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When am I entitled to possession?

If the Seller is in occupation of the property, a Buyer is entitled to possession of the property at noon the day after Settlement. If the property is vacant a Buyer is entitled to possession as soon as Settlement has been effected.

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I want to go back and have a look at the property again, for the fifth time but the Seller won’t let me, why not?

After entering into a Contract, Buyers are only entitled to one additional inspection just prior to Settlement and known as a final inspection. If your Contract is conditional upon other inspections such as a Building Inspection Report or Termite Report, the Seller will allow these experts access to do the inspections. The Seller is under no obligation to allow you to have any further access though most Sellers will accommodate such requests, but within reason.

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I am buying a house but it is an investment, do I have to pay Land Tax?

Land Tax is not adjustable when you purchase a house however if the house is not your principal place of residence then the Office of State Revenue will issue you a Land Tax account in the next financial year. Land Tax is adjustable on vacant land and untenanted commercial properties.

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My bank isn’t ready to settle on the Settlement Date do I have to pay penalties?

The Joint Form of General Conditions (JFGC) which forms part of every Contract signed in WA provides both the Buyer and Seller with three business days in which to effect Settlement after the Settlement Date without penalty. If Settlement goes beyond the three business days then penalty interest is payable by the party who is not ready even if it is your bank that is causing the delay. Interest is calculated on the purchase/sale price less any deposit paid plus or minus any rates adjustment and is charged at the rate of 9% per annum. NB If the Offer and Acceptance Contract you have signed does not incorporate the JFGC, read it carefully to establish what provisions are in place for any delay in Settlement.

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My Settlement Date falls on a Sunday, what date/day must I settle?

The JFGC provides that if anything is due to be done on a day that is not a business day, the latest date then falls to the next business day. If your Settlement Date is a Sunday, you must settle on the Monday. If you and the other party agree, you can choose to settle on the Friday.

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What is the difference between Joint Tenants and Tenants in Common?
Joint Tenants - The ownership of land by two or more persons where there is a right of survivorship ie on the death of one joint tenant, the surviving owner becomes the sole proprietor.
Tenants in Common - Where there is a desire for two or more persons to hold the land in undivided shares. On the death of one party their share forms part of their Estate and is distributed in accordance with the terms of the Will.

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I can’t find my Title, what do I do?

An application for New Title can be lodged with Landgate and in most circumstances a new title will issue in approximately five working days. There are fees payable for preparation and registration of the Application.

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I am selling a commercial property and have found out that there is a caveat on the Title. I can’t find the caveator, what can I do to remove the caveat?

Certain caveats can be removed by an Application pursuant to Section 138B of the Transfer of Land Act. A notice is sent to the Caveator giving the Caveator 21 days from the date of the Notice requiring the caveator to withdraw the caveat or obtain from the Supreme Court an order extending the operation of the caveat. If the caveator fails to obtain a Court Order extending the caveat within the 21 days notice period, the caveat will lapse and an entry will be made in the Register removing the caveat.

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My husband has died and his name is still on the Title, what do I need to do to put the property into my name. We own the property as Joint Tenants?

Where parties own a property as Joint Tenants it is a simple matter of an Application by Survivor being lodged with Landgate together with a copy of the Death Certificate. It is prudent to update the Title as soon as possible to ensure it reflects the current ownership and to avoid any last minute issues should the property be sold.

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What if the property was owned as Tenants in Common?

If you own a property as tenants in common and one of the owners dies, the Executor of the deceased person’s Estate must file for probate with the Supreme Court. This process takes approximately four weeks depending on the complexity of the Estate. For this reason it is very important that all owners of property have a Will and regularly update it. Once Probate is granted the Executor completes a Transmission Application form which is lodged with Landgate together with the Probate document and Title. The deceased person’s share of the property is then held in the name of the Executor. If the Will specifies the property is left to a nominated beneficiary, the Executor can transfer the property to the beneficiary and remember if as an Executor of the Will you are thinking of selling a property allow sufficient time for the granting of Probate.

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My Conveyancer/Settlement Agent is also acting for the other party, is this a problem?

It is not possible for a conveyancer to act for both the buyer and seller in the same transaction without a conflict of interest arising. Always choose your own conveyancer, one who will look after your best interests to the exclusion of others involved in the transaction. At Haskins Settlements we have a policy of only acting for one party in the transactions therefore reducing the potential for a conflict of interest. Refer to an article Valerie has written on this subject on our downloads page titled “Conflict of Interests – acting for both parties” for more information.

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We’ve done our final inspection and the Seller has removed a light fitting, can they do that?

In order for a Seller to remove a chattel from the property, they must disclose this and declare it on the Contract e.g. the Buyer is aware that the light fitting in the lounge room does not form part of this purchase” however if your contract states in the chattels section “including all light fittings as inspected on………. (date)” the Seller is not entitled remove the light fitting. The Seller is obliged to return the light fitting or replace it with one of the same style and value or you could agree to accept monies from the Seller and replace the light fitting later. It is essential that you conduct a thorough inspection prior to making your offer and list all items you wish to remain with the property. That way when you undertake a final inspection you can make sure that everything is the same as when you made your offer.

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When do I arrange insurance?

It is never too early to arrange insurance. Whilst the property remains the Seller’s responsibility until Settlement Date in which case the Seller needs to maintain insurance up to and including the date of Settlement, it may be prudent for the Buyer to have insurance put in place prior to the due date for Settlement. If a Buyer is given possession of the property, the Buyer must arrange insurance from the date of possession.

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I moved into my property 10 days ago and the Hot Water System has blown up, can I get the Seller to replace it?

No. Once you settle and/or take possession the property is your responsibility as is the repair or replacement of any items at the property.

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Your query not covered here?

If your specific query is not covered here, please contact us and we will email you a reply in our usual prompt efficient manner.

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