A Dream Purchase Conveyance?

A Dream Purchase Conveyance?

You have cash or pre-approved finance and you stumble on a deceased estate getting ready to sell an amazing property with stunning 270 degree views in the catchment area you’ve been eyeing for 18 months. That morning Clearman Lawyers helps you prepare your offer to buy the property ‘off-market’. The three brothers managing the estate live overseas. Because it’s not advertised, they sign your 15% under value offer the next day to ‘get rid of it’ and go on with their lives.  

They offer to give you all of the pool equipment and the lawn mower and agree to a 60 day settlement to match the end of your lease.  Because there is no mortgage over the property, the sellers are ready to settle at any time that suits you.

You are very happy with the insurer recommended by Clearman Lawyers because he acts for you and not for the insurer and has your best interests in mind. Clearman Lawyers puts you in touch with a great building, pest and pool inspector and the report comes back with some minor items which you were looking to renovate anyway.

Your private banker comes to your home and helps you with the loan agreement and mortgage documents over coffee after work one afternoon. Clearman Lawyers works with your banker and you are ready to settle two weeks early. The sellers are agreeable so you settle on a Friday afternoon and move in over the long weekend.  

You can’t believe how easy the whole process was.


A Conveyance in the Real World

After nine months of missing out on properties in a rising market you increase your budget by 15% and beat three other couples with your offer on a property which is quite good.    

You are very happy with the friendly and professional finance broker Clearman Lawyers recommended to you. The recommended lender for your situation has a great rate right now but is taking 17 days to review applications because they are overwhelmed with customers. Still, your broker knows a manager who will put in a good word for you so you feel confident.

Your Building and Pest inspector came highly recommended by Clearman Lawyers and for good reason. After a careful search, they find evidence of termite activity in the side fences, the retaining walls are cracking and the beautiful deck may not have final council approval.

The sellers grudgingly agree to extend the building and pest date for an ‘invasive’ inspection and then agree to a $3,700.00 less adjustment, half the amount you requested. You decide you will have a termite barrier installed at your own cost and are pleased with Clearman Lawyers’ recommended termite control company. We work with professionals every day and only recommend friendly, reliable and effective operators.   

Your lease ends in three weeks and the sellers aren’t willing to move the settlement date, which falls on a Wednesday. Your landlord wants to do some renovations and won’t extend the lease. You can make it happen but prepare a back-up plan to stay with your in-laws for five days if you need to.

With seven days to go your bank loses two pages of your finance application. They won’t proceed with the application until your broker resends the email showing all pages were attached.   

Council insists that 12 days is within their policy timeframes to provide the rates search. Clearman Lawyers provides you with rough settlement figures early so you know how much money you need to contribute to the sale with plenty of time to transfer funds to your new lender.

The day before settlement your bank snatches victory from the jaws of defeat and confirms that they are going to be ready to settle.

Unfortunately, the seller’s bank is unable to settle on the settlement date. Clearman Lawyers works with you throughout the process answering your questions, confirming timelines, confirming how the contract works and recommending next steps to help you take all of this in your stride. We help you to negotiate an extension on the basis you receive ‘early possession’ without paying rent for the five days until the purchase finally settles.

Your purchase settles on the Monday afternoon and you are still moving boxes into your new home the next weekend. 


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.

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