Land Settlements
Whether you are buying, selling, investing, or transferring property we can assist with the preparation of documents to facilitate the transaction.
We conduct a range of searches on your behalf to ensure that there are no surprises. Searches conducted include:
- Title searches;
- Encumbrance searches;
- Local Authority searches; and
- Rating information
We assist with:
- Reviewing your contract to ensure you are aware of the basic terms, conditions, legal requirements and time frames of your contract;
- Lodgement of the Contract for Sale with the Office of State Revenue for assessment of duty payable;
- Assistance and preparation of the relevant paperwork to facilitate settlement;
- Liaise with any incoming or outgoing lenders involved with settlement and ensure all relevant documentation is signed and executed by you in this regard;
- Liaise with any other third parties such as Real Estate Agents, Brokers, Managing Agent’s, who are involved with settlement;
- Conduct all necessary searches and provide you with options for additional searches if you wish to do further due diligence, including local authority enquiries (Shire, Water, Land Tax and WA Planning Commission if applicable);
- Making sure any special conditions relating to the contract are met to your satisfaction;
- Attend to the transfer of settlement funds, including any third party payments required (e.g. rates payments, Real Estate Commission, etc.);
- Completing the transfer of ownership; and
- Monitoring the progress of your transaction with Landgate to ensure the transaction is successfully registered and transferred.
PEXA is a secure online platform that that we at D’Angelo Legal utilise as a registered user to allow for quick and easy property transactions. E-conveyancing minimises the manual processes associated with property settlements allowing documents to be registered immediately.
E-conveyancing reduces delays giving you greater certainty of your settlement occurring successfully on time. Funds distributed via PEXA are also immediate, so no more waiting for bank cheques to clear.
Business Settlements
Business settlements can be quite complex and require unique skills and experience to successfully transfer a business to another party.
We attend to:
- Reviewing (or drafting) your business contract to ensure you are aware of the basic terms, conditions, legal requirements and time frames of your contract. It is preferred that we are engaged to assist with this before the contract is signed, as once it is signed, it’s often too late to make any changes;
- Lodgement of the Contract with the Office of State Revenue for assessment of duty payable;
- Assist with removal of PPSR securities;
- Attend to the adjustment of outgoings (e.g. gas, electricity, water), rent, employee entitlements, and stock (if applicable);
- Making sure any special conditions relating to the contract are met to your satisfaction;
- Assist with the review of the lease once complete (new/assignment/surrender, etc.);
- Transfer of the business name (if applicable);
- Liaise with any incoming or outgoing lenders involved with settlement and ensuring all relevant documentation is signed and executed by you in this regard;
- Transfer of the business assets; and
- Finalising the transfer of payment for the business.
By engaging our business settlement services we will ensure that your transaction runs as smoothly as possible throughout the settlement process.
Drafting Documents
Our team can draft non-standard contracts of sale, mortgages and default notices, as well a range of other documents that cannot be prepared by a settlement agent.
This means that, whether your settlement is standard residential, or a more complicated matter, we can process your transaction and prepare any documents that may be required.
Contracts for Sale
We can assist with additional Contract clauses specifically designed for you. Contract conditions must be precisely worded and in writing.
It would be prudent for any potential buyer or seller to have any special conditions overlooked by an expert to determine the ramifications/outcomes associated with the condition.
Our commercial lawyers can assist you with this further should you need any guidance prior to signing a Contract for Sale.
We can also assist with drafting private Contracts between parties.
New Mortgages & Discharges
Sometimes it may be necessary to enter into a private mortgage or loan agreement between parties. Our commercial lawyers can assist you with this further should you need to enter into an agreement. We can also attend to the registration of a mortgage or caveat over the property to protect your interests, and assist with removal of the same when the time comes to discharge the property.
Notices / Default Notices
Sometimes things don’t go according to plan and it may become necessary to issue a Notice to the other party involved due to a failure in complying with Contract obligations (a breach of Contract).
Termination of a Contract is not automatic and formal Notices need to be issued in accordance with the terms of the Contract.
Where a Contract requires parties to provide any kind of Notice, whether in relation to issues noted in a report, issuing a ready willing and able Notice or a default Notice, D’Angelo Legal can assist.
Transfer of Ownership
Have you recently separated from a partner or have you recently married/re-married? Do you need to make changes to the ownership of your property due to death of an owner or otherwise? Have you restructured your entities or changed the trustee of your trust?
Whether you need to remove or add someone we can assist and wherever possible ensure that the transaction is assessed for the lowest amount of duty payable. Call us to discuss which course of action is the best for your individual circumstances.
Applications
New Titles – Subdivisions including Strata and non-Strata
We can assist you with registering a new Plan of Subdivision, or consolidating an existing plan with the local authorities (amalgamations, title dispositions and subdivisions).
We can liaise directly with your Surveyor and Valuer on your behalf and prepare the relevant paperwork to create your new titles.
We also arrange consent from external parties such as your mortgagee and any other third parties required.
We monitor the progress of your new titles issuing and will advise you accordingly once complete.
Survivorship and transmission applications (deceased estates)
Following the death of a loved one often involves the transfer of property.
We can assist with any transfer, whether being transferred to the executor/administrator of the will or to someone else.
Lost Title Application
Have you lost, or damaged or destroyed your certificate of title?
Should you need assistance with applying for a replacement certificate of title, we can help.
Change of Name Applications
Have you recently changed your name due to marriage, or do you want to return to your previous surname or have you changed your name by deed poll?
Do you own a property in your previous name?
Should you need to sell or re-finance the property, you may need to amend your title details if they are incorrect.
We can assist you with making the necessary changes to your title to note your new/correct name.