Property Law & Conveyancing
Since its founding in 1978 by David Atkinson and Guy Vinden, Atkinson Vinden has always had a strong focus on property. Our quality conveyancing service is well known throughout Sydney.
Our property team has extensive experience in a variety of transactions including residential, industrial, commercial, retirement villages and off-the-plan developments. The latter two require more specialised and detailed knowledge because of their legal complexities.
In fulfilling their duty to Clients our property team always aim to:
- act in our client's best interest
- be responsive and practical
- avoid conflicts of interest
- be diligent and fair
- be honest and trustworthy
- communicate clearly and maintain confidentiality
Our property team is totally and objectively focused on real estate transactions to provide concise and effective advice to ensure the best possible outcome for our clients.
The firm is a member of the Law Society of New South Wales which means that we are recognised solicitors in NSW and conduct our practice of law subject to the Legal Profession Act.
Meet The Team:
Senior Associate, Licensed Conveyancer
Senior Associate & Accredited Property Law Specialist
Licensed Conveyancer, Estate Clerk
Property Titles Regarding Marriage
Generally speaking, a property held by two parties as Joint Tenants means there is a 'right of survivorship'. Commonly a property is owned by a married couple as Joint Tenants and in the event of one party's death, the surviving party automatically takes sole ownership of the property. On the other hand if a property is held by two parties as Tenants in Common in equal or disproportionate shares, each party can sell, will or assign their share of the property to another party.
Following the breakdown of a marriage, the question of whether the matrimonial property is held by the parties as Joint Tenants or Tenants in Common can be an important consideration.
Exchange of Contract for Sale
Residential property cannot be offered for sale unless there is a Contract for Sale available and ALL the required documents are available for inspection at the Agent's office. It is not sufficient to have just the front page of the contract and a s149 Certificate.
The required documents are:
The prescribed documents (s52A Conveyancing Act) eg full title search, S149(2) Certificate, Sewer Reference Sheet - it is important to note that one of the prescribed documents is a s88G Certificate which relates to any positive covenant registered on title
If Option - a copy of the proposed Option Agreement.
Penalties apply for failure to comply with the above if there is an indication that the property is being offered for sale. Indications include advertising, erecting signs, advertising an auction, displaying a description, photographs in the office, showing the property to a prospective purchaser or giving the address of the property to a prospective purchaser.
Prompt Delivery After Exchange
The delivery of the Contract to legal representatives must be completed within 2 business days from exchange.
- If the Agent exchanges contracts it is important for the exchanged Contracts to be forwarded promptly to the parties' legal representatives, particularly the Purchaser so that all necessary checks and finance arrangements can be carried out during the 5 day cooling off period. This is to avoid requests for extensions to the cooling off period.
- Quite often it is difficult to obtain unconditional finance approval in a 5 day cooling off period, particularly where a non-bank lender and/or the Purchaser is borrowing more than 80% as the loan may also need to be approved by a Mortgage Insurer. This is becoming more common.
- There may be difficulty in obtaining Deposit Bonds until unconditional approval for finance if the delivery process is delayed.
Vendor Bid at Auction
The Vendor is entitled to one bid only – if more than one Vendor, then still only one bid is allowed.
- The Vendor's right to bid must be notified in the conditions of sale by auction details which are set out in clause 18 of the Regulations.
- The Auctioneer must clearly state that the bid is a Vendor bid.
- Penalties apply for the Auctioneer if there is a failure to comply.
Buying at Auction download pdf
Moving House download pdf