PROPERTY PRACTITIONERS GUIDE FOR PURCHASERS

General Concepts and Topics

Attorneys Involved

Transferring Attorney (Conveyancer)

  • Monitors compliance with Agreement of Sale
  • Monitors financial aspects
  • Monitors procedural aspects, i.e. drafting of transfer documents, obtaining of certificates, Transfer Duty, co-ordinates lodgement, etc

 

Bond Cancellation Attorney

  • Panel Attorney
  • Notice of Cancellation and Penalty interest (subject-to-sale)

 

Bond Registration Attorney

  • Panel Attorneys
  • Various duties not within Transferring Attorney’s control

 

What is an Offer to Purchase (Caveat Subscriptor)

  • There must be an offer and an acceptance of the Offer to Purchase – Offer to Purchase becomes Agreement of Sale / Purchase Agreement
  • You cannot sign an Offer to Purchase electronically
  • Once accepted:
    • Valid Offer to Purchase comes into existence
    • Cannot unilaterally cancel or amend the Offer to Purchase and both parties are bound by its terms and conditions
  • Most OTP’s are generally standard and has to be tailored for each transaction
  • Don’t accept or make verbal undertakings as it is unenforceable
  • Everything must be in writing and signed by both parties (Non Variation Clause) as the Offer to Purchase normally contains an “entire agreement” Clause

 

Approval in Principle

  • Can expedite the transaction

 

Bond Originator

  • Can assist to expedite the transaction
  • Ensures that the bond application is submitted expeditiously to various institutions
  • Their services are free as they are remunerated by the bank

 

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