FAQ


What other services do you provide?

  • Ordering ASIC Searches online
  • 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

^back to top

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 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 current rate of 9% per annum. NB If the Offer and Acceptance Contract you have signed does not incorporate the standard REIWA JFGC, read it carefully to establish what provisions are in place for any delay in Settlement.

^back to top

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, the Settlement Date would move to the next day being the Monday.  If the Monday is a public holiday then it would fall to the Tuesday. If you and the other party agree, you can choose to settle on the Friday.

^back to top

 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.

^back to top

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.

^back to top

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 Landgate sighted 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.

^back to top

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 possibly longer 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 should contact us so we can prepare a Transmission Application form which is lodged with Landgate together with a Landgate sighted copy of the Probate document, Title and if required a Statutory Declaration. The deceased person’s share of the property is held in the name of the Executor until the property is sold or transferred to a beneficiary.

^back to top

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

Whilst we are permitted to act for both the seller and buyer in a transaction we at Haskins have a policy of only acting for one party therefore removing any potential confilcts of interest.  We belive it is difficult and sometimes impossible to serve two masters.  Always choose your own conveyancer, one who will look after your best interests to the exclusion of others involved in the transaction

^back to top

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.

^back to top