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Conveyancing

  • Buying & Selling

Conveyancing

JCL Legal has been assisting their clients with the purchasing and selling of their properties for over 15 years and has the expertise to assist you to ensure a smooth and successful process. We recognise that for most people a purchase of a home is the most expensive purchase and greatest financial commitment that they will undertake. We take the time to explain and ensure that you understand the legal intricacies regarding your sale or purchase and constantly work to safeguard your interests.

In New South Wales the majority of Contracts for the buying or selling of property utilise the Contract for Sale provided by the Law Society of New South Wales and the Real Estate Institute of New South Wales. In the majority of transactions, the Contract for Sale is supplemented by Special Conditions to further protect the interests of the seller. In addition, the Conveyancing Act specifies that certain documents must be attached to the contract. If any of the mandatory documents are missing, then the purchaser has a right to cancel the contract. Our experience and attention to detail ensures that we protect your purchase or sale as far as possible. When reviewing or constructing a contract for the key considerations and legal advice we provide are provided hereunder.

Buying a house

Buying a Property

  • We carefully review the contract for sale and provide a written advice to enable you to fully understand the contract;
  • Examine any special conditions to ensure that you are protected in the best possible manner.
  • Confirm that the seller has a clear title, and provide our advice regarding any restrictions that could impact your use and enjoyment of the property.
  • We clarify what fixtures and fittings are included in the sale and identify any items the seller intends to remove.
  • Review and advise on the zoning of the property and any planning restrictions checking for any outstanding notices or orders from the local council.

  • For a unit, villa or townhouse we review the strata plan and by-laws. We recommend that we obtain a Strata Report on your behalf to enable us to advise you regarding the following:

    a. the current levies and whether there is any indication of any change or future levies indicated.
    b. Review recent strata meetings’ minutes to identify potential issues.
  • We always believe that it is preferable to obtain a building report and a pest report to identify structural issues or pest infestations.
  • We advise regarding whether the five-business-day cooling-off period is available and its implications if you decide to waive this period.
  • Negotiate with the seller to see if they will agree to delete any provisions that we find objectionable or have them agree to any additional conditions applicable to your situation.

  • Should you decide to purchase a property we then guide you through the settlement process and confirm and outline the steps leading up to settlement.

Selling a Property

  • We discuss the process of selling your house with you and whether you wish to sell by private sale or by auction.

  • We draft your contract and provide Special Conditions to protect you as much as is permitted and discuss the inclusions which you wish to include or exclude.
  • Ensure all mandatory documents are attached.

  • Discuss the implications of a Cooling-Off period in your contract of sale.

  • Discuss with you when you wish the sale to settle and any other conditions that you may require such as remaining in occupation of the property for a period post settlement.
  • Negotiate with the purchaser should they wish any amendments to the contract.
  • Oversee the transfer of ownership including the discharge of any mortgage or encumbrances and the payment of any outstanding rates, charges or fees
  • Ensure the balance of the sale funds and deposit funds are transferred to you.

Experienced Conveyancer

Navigating the complexities of buying and selling property in NSW requires thorough legal guidance. JCL Legal ensures that your conveyancing interests are protected, compliance with legislation is maintained, and the transaction proceeds smoothly. Our comprehensive approach is designed to facilitate a successful property transaction for both buyers and sellers.

For more detailed advice tailored to your specific situation, contact JCL Legal today. We are committed to making your property transaction as seamless and stress-free as possible.

Common questions we get asked

Property law in NSW covers both residential and commercial transactions. There are many complexities surrounding conveyancing which can be confusing, so to assist, we have provided some general answers below to several of the most common queries our team of property lawyers are asked.

As each property transaction is individual, the below information is provided only as an assistance to understand some of the aspects regarding conveyancing, and cannot be considered as legal advice. In order to provide you with the best advice and service, our team of conveyancing lawyers are available for an introductory one hour interview at a discounted rate of $250/hr where you can discuss your particular contract.

You should hire a conveyancing lawyer before you sign any contract of sale. We need to review the contract to identify hidden risks, negotiate special conditions, and ensure your financial rights are protected before you are legally bound.

While both can handle standard property transfers, a conveyancing lawyer can legally advise you on complex property laws and represent you in court if a dispute arises, the contract is breached, or the sale falls through.

Yes, standard private treaty purchases in NSW have a 5-business-day cooling-off period. However, there is absolutely no cooling-off period if you buy a property at a public auction or sign a Section 66W certificate.

The standard property settlement period in NSW is 42 days (6 weeks) from the date of exchanging contracts. However, this timeframe is flexible and can be negotiated between the buyer and seller before the contract is signed.

On settlement day, your lawyer electronically transfers the purchase funds to the seller, registers the property title in your name via the PEXA platform, and authorises the agent to release the keys. You do not need to attend in person.

Stamp duty must typically be paid within three months of signing the contract for sale, or on settlement day—whichever comes first. Depending on the property price, first home buyers may be eligible for full exemptions or concessions.

Once contracts are formally exchanged, the seller is legally bound to the sale and cannot simply change their mind. If they refuse to settle, we can initiate urgent legal action (specific performance) to force the sale or claim damages.

No, you do not need to be physically present. Because property settlements in NSW are now completed digitally through the PEXA e-conveyancing network, we can securely manage your entire purchase or sale remotely.

Getting in touch for a confidential chat

If you are looking for a reliable Sydney based conveyancer to help provide clarity with your situation, please contact us on 02 8215 1588. If you need assistance out of office hours please telephone Mr Jeffrey Choy on 0419 233 670.

Jeffrey Choy
Jeffrey Choy

Principle of JCL Legal

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“Absolutely amazing. JCL Legal settled the entire legal issue, had my best interest at heart. Jeffrey was extremely patient and really had my back…”

Christine

Balmain, Sydney

Jeffrey Choy

Jeffrey Choy

Principal of JCL Legal

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+61 (0) 2 8215 1588

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JCL Legal
Level 8, 65 York Street
Sydney NSW 2000
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