Frequently Asked Questions

1. What is Conveyancing?couple-house-planning.jpg - large

Conveyancing is the transfer of ownership of any property or real estate from one person to another. Conveyancing not only applies to those purchasing or selling properties, but can also be the result of a gift or a devise by Will. The role of We Care Conveyancing is to ensure that a clear title is conveyed with minimum complication and peace of mind to the client.


2. What are Disbursements?

Disbursements are monies paid out by We Care Conveyancing for information, Title Search, and Property Enquiry Certificates prior to settlement. The amount of Disbursements will vary depending on whether or not you are purchasing or selling a property.


3. Your Stamp Duty Amount

Please contact We Care Conveyancing for an accurate calculation of your stamp duty fees. PLEASE NOTE: Don't assume that other Conveyancing sites who use an automatic Stamp Duty Calculator are giving you an accurate calculation. For an accurate calculation of all charges and associated fees please contact us.


4. When do I pay the Stamp Duty and Registration fee's?

If you are purchasing a property and are borrowing funds from a bank or similar lending institution, the bank will usually retain the Stamp Duty and Registration Fees, together with any application fee etc. from the sum borrowed and advance the net amount


5. Do I qualify for Stamp Duty Benefits?

A good question and one all purchasers should look into. Generally speaking whether or not you qualify for either Stamp Duty benefits or total exemption depends on the circumstances of your Purchase. Depending on the value of the property, benefits can be available to Home Buyers with Concession Cards and First Home Buyers.  To check whether or not you qualify for these benefits, you should contact We Care Conveyancing.


6. I need to organize a removalists - Can you tell me what time settlement is?

We Care Conveyancing can in most cases, give a time for settlement at least three days prior to the due date. If removalists need to be booked by you well in advance to settlement, you can advise our office as to what time you have arranged with the removalists and we will endeavour to book settlement as close to that time as possible.   It should be noted however that your lender and the Vendor’s mortgagee will have to agree to your preferred time for settlement and that some lenders/mortgagees will only complete settlement in the afternoon.


7. What are adjustments?

Prior to Settlement, We Care Conveyancing will undertake an adjustment of rates and outgoings to the property from the date of settlement or any date required by the special conditions in the Contract.


(PURCHASERS PLEASE NOTE in the cases of some land settlements, the adjustment will be required to be undertaken as at the day of sale or the date of registration of the plan of subdivision).

Most Councils will require all rates for the current rating year to be paid at settlement even though they may not be due until a later date. This will be reflected in the adjustments.  The adjustments will also allow the vendor to pay any arrears and/or outstanding interest on the rates and charges together with fees pertaining to the discharge of any mortgage or caveat.


8. I haven't got my finance yet, can the Vendor withdraw from the Contract?

In most cases, the vendor will be just as keen to continue with the sale as you are to purchase. So long as you comply with the conditions of the Finance Approval Section of the contract, you can request an extension. If the Vendor will not grant this extension, it is the Purchaser who has the option to withdraw from the Contract. If the Purchaser does not wish to withdraw, then the Contract of Sale will fall unconditional and the Purchaser will be liable to proceed to settlement.


9. I haven't received loan approval yet and have been granted an extension, do I still have to pay my deposit?

The short answer to this question is YES unless you have also requested and been granted an extension to the date for payment of deposit. Some Vendors will charge interest on any outstanding deposit monies so it is important to pay them by the due date. In addition, an extension of the date for finance can only be requested if a Purchaser is not in breach of any other condition of the Contract.


10. My property has just settled, when do I get my money?

If the settlement is occurring within the Melbourne CBD or locally, either this office or our agent can deposit the bank cheque for the proceeds due to you (for the balance of funds after discharging of mortgage and other fees etc.) on the same day as settlement for a minimal fee (up to a limit of 2 cheques). If the settlement is to take place outside of the CBD or not local to our office, the Bank Cheque/s will be forwarded to this office (this is usually received within 1 clear business day after settlement).


11. My property has settled but the Bank Cheque takes three days to clear.  Why can't I get my money?

This is your bank's policy not ours. You would need to speak to them.


12. Professional Indemnity Insurance.

In compliance with the Legal Profession Act 2004 we advise that we hold Professional Indemnity Insurance with Countrywide Tolstrup Financial Services Group Pty Ltd for $1.5 million on any one claim that covers us against civil liability in connection with our work.