Browse Forums General Discussion 1 Sep 01, 2008 3:37 pm Hi, the question may sounds stupic, but I am really a bit confused. I purchased a land from the agent. It's a private sale, so it means I need a conveyancor to transfer the title of the land from the land owner to my name. The agent passed all the information to a conveyancor she recommended. Do I need an indenpendent conveyancor/ lawyer ? (or can I trust the one the agent recommends?)Thanks! Re: do I need an independent lawyer? 2Sep 01, 2008 4:56 pm mango-lover, I'm not sure what you mean by a private sale if you purchased thru an agent
We have experience of private sales of properties whereby we agreed with the purchaser on a price, settlement date etc and then dealt directly with conveyancer, no agent in the middle (and no commission fees). I suppose you have to know and trust the other party, in our case we sold a unit which which we had as an investment to our son, he then moved into it, and are in the process of selling our current house to a friend of the family. Neither party in our 2 cases used a lawyer but you still need a conveyancer, whether it is a private sale or not, just that in conventional sales thru real estate agents, they often organise the conveyancing for you and then charge as part of their overall costs. Re: do I need an independent lawyer? 3Sep 01, 2008 6:35 pm Mango-lover Hi, the question may sound stupid, but I am really a bit confused. I purchased a land from the agent. It's a private sale, so it means I need a conveyancor to transfer the title of the land from the land owner to my name. The agent passed all the information to a conveyancor she recommended. Do I need an independent conveyancor/ lawyer ? (or can I trust the one the agent recommends?)Thanks! Hi mango lover... are you in QLD? I would definitely find my own independent lawyer, not one recommended by the real estate agent who has a vested interest in the sale going through. Independent legal advice is a must IMHO You need to protect yourself, particularly if buying through a developer/agent. Did you get an independent valuation? Mrs B Re: do I need an independent lawyer? 4Sep 01, 2008 11:39 pm Thanks for the replies.
Well, my case is that we purchased a land not directly with the land owner, but through a salesperson. As we do not have direct contacts with the land owner(we dont know his/her details), the salesperson passed our info to a conveyancor who is gonna prepare the land contract and renomination. So my concern is that do I need to seek for an independent conveyancor? Another question is that for the conveyance, does the purchaser or the land owner pay? Hi, Helyn. I know trust is important, but as I am not experienced, just wanna be careful..... TA Re: do I need an independent lawyer? 5Sep 01, 2008 11:41 pm Independent legal advice is a must IMHO You need to protect yourself, particularly if buying through a developer/agent. Did you get an independent valuation?
Mrs B[/quote] .......Hi, Mrs B, Do I need an independent valuation for the land purchase? I only know that it's necessary to buy established houses, not sure with the land purchase. TA Re: do I need an independent lawyer? 6Sep 02, 2008 1:36 am Quote: Hi, Helyn. I know trust is important, but as I am not experienced, just wanna be careful..... Our cases were different, in both cases we were the seller, not the buyer, and selling to someone we know - it is more the buyer who may feel the need for independent legal advice but our son knew jolly well that we were selling him the unit about $40,000 under market value and so did we, blind freddy could tell him he was getting a good deal, obviously making maximum $$$ wasn't the main objective here. He moved out of home and into the unit once he bought it, had to live in it under FHOS rules anyway, I'll leave you to draw your own conclusions about our main objective In case of our current home, buyer is buying thru Homestart and Homestart itself, as a matter of course, insists on an independent valuation, so the buyer is protected there. Valuation is yet to be done, contracts still being drawn up, but I have no doubt it will be satisfactory as we know we are selling it slightly under market value, in fact $5000 less than agent suggested as the 'bottom line' but we are saveing in commision fees and have the huge advantage of being able to set settlement date to suit ourselves and not have strangers going thru our house, open inspections etc - win/win situation. I agree with Mrs B - in your situation, I would at least get an independent valuation - in fact your lender may insist on it anyway. But it is usual for buyer and seller to use same conveyancer, can't see any issues there. Finding the right construction lawyer can be a bit daunting, especially when you've had some challenges in your search. It's essential to have someone reliable and… 7 24887 That is a really good attitude Akin to you catch more flies with honey than vinegar. I do enjoy watching that tik tok inspector from Victoria but he does go a little… 12 81847 It is true that a builder can ignore your independent inspection report as it is not part of the contractual arrangement but that is stupid because he cannot avoid fixing… 9 46834 |