Formerly known as Jamie West Conveyancing
There is a lot of emotion in selling a property, we understand that. At Same Day Conveyancing our goal is to make the process as seamless as possible and prevent any undue stress from adding to your daily life.
Our open, honest and regular communication together with our willingness to take a helicopter approach over the broader transaction will leave you feeling reassured and at ease at all times – that’s a promise.
We’re also flexible and listen to your needs. We all have different preferences in life which is why Same Day Conveyancing offers a variety of options in order to suit your needs. We can meet you face to face at our Marrickville office or, if you prefer, our modern technology and processes mean that a majority of transactions can be completed remotely.
We look forward to speaking with you and assisting in your journey.
Same Day Conveyancing
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* $150 Contract Preparation (excludes GST and disbursements)
* Full Conveyancing Service
* General Advice
* Face to Face Meetings as required or desired at our Marrickville office, online or via telephone
* Balance of our Conveyancing Fee payable on completion together with disbursements
Under legislation, a contract for sale needs to be prepared before a residential property can be advertised for sale in NSW. At Same Day Conveyancing, we will prepare a draft contract within one business day of receipt of your instructions.
It does however usually take 3-5 business days for all required searches and certificates to be received back from the appropriate authorities, and a final compliant contract can only be prepared and provided upon receipt of same. We therefore we recommend that we start the contract preparation process at least one week prior to your intended marketing date.
A legal relationship is only created in NSW upon formal exchange of contracts. For contracts to be “exchanged”, the following occurs:
i) the purchaser and vendor both sign a contract on identical terms;
ii) the deposit is paid to the depsoitholder under the contract;
iii) if required, a 66W certificate is provided by the purchaser’s conveyancer for exchange; and
iv) once the above is checked and verified, the contracts are dated by ourselves or the agent as “exchanged”.
Prior to the above taking place, either party may walk away from the transaction without penalty therefore it is imperative that you are prepared to move towards exchange of contracts as soon as is practicable.
The exchange itself can take place in either of the following manners (to be agreed between the parties):
i) With a Cooling Off Period
If you sell residential property in NSW then the Conveyancing Act 1919 has a provision whereby any residential purchaser will be afforded a five business day cooling off period unless the exchange takes place at auction, on the same day following an auction, with a 66W Certificate or the property being purchased is commercial, Company Title or has a land size over 2.5 hectares (see below).
With a Cooling Off Period, it is normally negotiated for the purchaser to pay 0.25% of the price on exchange with the balance of the deposit paid on or prior to the expiration of the Cooling Off Period. The Cooling Off Period provides an option for a buyer to take the property off the market whilst they complete their checks, obtain finance approval and/or carry out any inspections.
The buyer has the exclusive right during a Cooling Off Period to serve a formal rescission notice whereby, in such event, 0.25% of the price is forfeited to you as the vendor. This is rare, however could occur for any reason whatsoever and does not need to be justified.
i) Unconditionally without a Cooling Off Period
Any exchange at auction, or on the same day following an auction, is automatically unconditional. If buying residential property, a Certificate pursuant to Section 66W of the Conveyancing Act 1919 can be signed by the purchaser’s conveyancer in order to waive the purchaser’s rights to any Cooling Off Period and enable an unconditional exchange to take place under auction conditions.
Your agent will discuss the above options with you prior to commencement of your sales campaign. Unless instructed otherwise, any residential contract we issue will include a request for a 66W Certificate to be signed by the purchaser’s conveyancer and provided to us for exchange.
Once contracts are unconditional, there is a process that both ourselves and your discharging mortgagee need to undertake to ensure that everything is in order for settlement to proceed on or prior to the date for completion under the contract. The standard settlement period is 6 weeks, however we can usually complete our processes within 4 weeks subject to your lender.
There will not be too much for you to attend to along the way, however you will need to sign and provide a few documents for us to enable us to proceed to settlement. In addition, you will need to sign a discharge authority with your lender in good time prior to settlement.
In most instances, our documentation will be available for you to sign at our office or electronically (whichever option you prefer) within one week of unconditional exchange.
You should also consider your moving arrangements, insurance and utility providers during this settlement period.
The settlement date itself is of course exciting, but all the hard work will have been completed in the lead up to this day.
On the settlement date itself, we will only need to carry out a five minute process in order to verify that all is ready and satisfactory in both a financial and lodgment sense before signing off for your settlement to take place.
Once complete, we will call you to confirm the good news following which you will usually receive the proceeds due to you from settlement later that afternoon.