Thank you for choosing Symphony Legal to assist with your purchase of property.
To begin the purchase process with us we will need to obtain your detailed instructions on the matter.
Please complete this form to the best of your abilities.
The form should take approximately 5-10 minutes to complete.
An Additional Purchaser Nominee becomes registered on title with the Purchaser named in the Contract of Sale.
A Substitute Purchaser Nominee becomes registered on title without the Purchaser named in the Contract of Sale.
Which applies to your purchase?
Sole Proprietor
Choose this option if you are the only party being registered on title.
Joint Proprietors
As Joint Proprietors, you will own the property equally with a right of survivorship. This means that should one of the registered proprietors die, the remaining proprietor/s will inherit the deceased proprietor’s share. In other words, the property does not pass to a specified beneficiary or beneficiaries under a Will at the time that proprietor dies.
This is the most common Manner of Holding for couples.
Tenants in Common in Equal Shares
As Tenants in Common in Equal Shares you will own the property equally but with no right of survivorship. This means that should one of the registered proprietors die, the deceased proprietor’s share will be distributed according to their Will (or intestacy if there is no Will). As the proprietors hold equal shares, they each hold an equal financial interest in the property.
Tenants in Common in Unequal Shares
As Tenants in Common in Unequal Shares you will own the property based on a number of shares that reflects each owner’s financial interest in the property and with no right of survivorship. This means that should one of the registered proprietors die, the deceased proprietor’s share will be distributed according to their Will (or intestacy if there is no Will). As the proprietors hold unequal shares, they each hold an unequal financial interest in the property.
Unsure
If you are unsure of how you would like to hold the Certificate of Title where there are multiple registered proprietors, we will contact you to discuss this.
Please ensure you provide our office with a copy of your Trust Deed/s for completeness of our records. If you do not have these readily available, you should be able to obtain them from your accountant.
Please provide details of the relationship between the parties.
The State Revenue Office requires additional information about the value of the land for transfers between related parties including associated or fractional interest transfers.
You can find information from the State Revenue Office website.
Please provide our office with the Real Estate Agent’s details:
The burden is on you to undertake an extensive due diligence before you enter into the contract to buy the property including the matters set out in the Due Diligence Checklist prepared by CAV.
You can find the CAV checklist here.
How land can be used is determined by a number of things including the zoning of the land. Investigating the permitted use for the land is part of your due diligence.
Further information is available here.
The settlement date is the date when the balance of the purchase price is payable to the Vendor. You will be entitled to possession of the property once settlement has taken place and after settlement. The keys (if applicable) are typically collected from the selling agent, unless otherwise agreed.
You are entitled to inspect the property once at a mutually agreeable time 7 days prior to the settlement date. The selling agent facilitates the final inspection.
The standard goods listed in a Contract a Sale are all fixed floor coverings, electric light fittings, window furnishings and all fixtures and fittings of a permanent nature.The vendor is entitled to remove any goods from the land not listed in the contract as included in the sale.
Obtaining finance is critical to the Contract and ultimately settlement completion. You must keep our office updated on your loan application.
If your application is experiencing delays, or you require an extension, you must notify us at least 2 clear business days prior to the due date.
If you are unable to obtain finance approval by the due date and wish to withdraw from the Contract, the Vendor will require evidence of your inability obtain finance and the loan being declined. This evidence must be provided by way of a bank letter before the due date.
Please provide us with the following information:
Please ensure you notify your broker of your purchase, provide them with a copy of the Contract of Sale and Section 32, and our office contact details.
For any funds you are providing at settlement we recommend that you authorise your lender to draw on a nominated account to deduct funds from for settlement. Your broker/banker will be able to assist you with setting up a shortfall authority when completing your loan documents.
Stamp Duty concessions are only available if you are purchasing the property to live in as your Principal Place of Residence. If you are buying the property for investment purposes no Stamp Duty concessions are available. The purchase price also determines your eligibility for a concession.
Our office will complete a formal Stamp Duty assessment with the State Revenue Office to confirm the Stamp Duty payable on your purchase.
A Purchaser’s Caveat acts as a legal notice to others that you have entered into a contract with the Vendor and have a vested interest in the property. A caveat can provide added peace of mind by:
We recommend registering a Purchaser’s Caveat.
Our professional costs for this service are $200.00 plus GST and disbursements.
Thank you for your instructions, we shall arrange registration of your Purchaser’s Caveat once the Contract has become unconditional.
With any property purchase, there is a potential for risks which even the most stringent due diligence cannot guard against. Title insurance may cover for loss arising from these hidden risks not revealed as part of the standard conveyancing process.
A title insurance policy can cover you for risks such as (but not limited to):
A title insurance premium is paid once, remains in place for as long as you own the property, all approved legal costs associated with a claim are covered, and there is no excess payable should you need to make a claim.
For more information in relation to title insurance, please visit the First Title website at www.firsttitle.com.au.
We recommend taking out a title insurance policy.
Thank you for your instructions, we shall arrange for a policy to be arranged on your behalf. We will provide you with a formal Title Insurance Request and Declaration form with your initial documents.
On 1 December 2019 new inspection, certification and registration requirements were introduced in relation to swimming pools and spas. As part of the changes, owners are required to register their pool and spa with their local Council and have their safety barrier inspected.
You can find more information about the safety requirements for swimming pools and spas on the Victorian Building Authority website here.
After settlement the Council will contact you about any required safety barrier inspection.
We recommend taking out your own insurance over the property to ensure adequate insurance is in place and that your interests in the property are protected. You should be aware that the Vendor may not have adequate insurance cover or any insurance at all for the property.
You should discuss any insurance requirements with your insurer/broker.
Please note our office is a legal firm and unable to provide tailored financial or tax advisory. We can only provide general commentary and guidance. We recommend you discuss any tax related issues with your accountant or financial advisor.
Please contact our office if you require any advice in relation to your Will or Estate Planning services
Please list any questions you may have regarding your purchase at this stage.
If not already provided to our office, please attach a copy of your Contract of Sale and Section 32 here along with any other documents you would like to provide us with.
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Once you have finished providing all information please click 'Submit Form'.
