Common Conveyancing Complications

Early Issues
Contract Conditions
Additional Documents 
This page is just a small selection of the endless ways complexity can arise even after careful research and preparation.

Early Issues

1. Complex negotiations in regard to contract conditions or contract special conditions

2. Detailed legal advice for early, major contract issues including encumbrances, encroachments and problem search results eg building approvals and easements

3. Agent drafting contract too quickly and leaving out critical items or failing to resolve important disagreements about contract terms

4. Critical review of documents including for example: deeds and rental guarantees

5. Is GST applicable and has that been recorded in the contract correctly?

6. Error in parties to contract requiring deed of variation / rescission to correct contract terms (which could lead to double stamp duty)
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Contract conditions

7. Disputes between the parties including, for example the terms of the contract, critical dates, body corporate or compliance with contract terms

8. letters to the other lawyer about negotiation of significantly disputed critical date items including eg: building and pest condition, body corporate issues and early possession or vacant possession and other common tenant issues

9. Unexpected or adverse results from early Due Diligence searches or Dial Before You Dig searches
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10. Delays arising from lender most common cause of delay, think Telstra, Energex and your ISP combined, client or other side because of processOverworked, underpaid and underqualified staff or error or delays resulting from your bank’s law firm including but not limited to delays with funding, PEXA Electronic, online conveyancing platform workspace, bank discharges or other critical documents including errors in loan documents, mortgage documents or other documents like the Form 1 Transfer
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Additional documents

11. Complex stamp duty queries for developers
12. Certificates of Independent Legal Advice
13. Loan agreements
14. Detailed legal advice about to loan documents / mortgage / trust documents
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This page is not intended to provide legal advice and does not create a client-lawyer relationship. This post is provided for general information purposes and should not be relied upon as a substitute for legal advice. If you need help with legal advice for your particular situation, please contact our office (details below or on ‘Contact’ page) and we’ll be happy to assist you.