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a guide to moving

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Once you have signed a contract to buy your new home, it is  vital that you plan ahead.

Once you know the date for completion of the contract, book time off work. If you think you will need a removalist, get quotes from several, and where possible references from customers to ensure that the removalist will have the transport, skills and most importantly, the insurance necessary to carry out your move. If you are planning on moving yourself, you will need to make arrangements for the hiring of a van or removal trailer and arrange for your friends and relatives to help you with the move.

To help you ensure that your move goes as smoothly as possible, we have prepared a checklist which you should use to remind yourself of the things that need to be done before you can put your feet up and relax in your new home.

CHECKLIST

1. In a most cases you will have 28 - 30 days in which to begin the  arrangements for your move, however you will only be certain of the final date once your contract has become unconditional (after your finance has been approved and you have completed your building and pest inspections)

2. if you are renting, you should give the required notice to your landlord;

3. organise with your removalist, the day and the time of day to move your personal possessions. Most settlements will take place in the afternoon, so you should arrange to have your removalist arrive on the morning of your settlement date, in order that you can complete the move in the afternoon of the same day.

4. if you are to undertake the move yourself, start collecting packing materials, including newspapers and boxes. If you are using a removalist, you can save money by doing the packing yourself, and you can usually obtain a supply of packing materials from the removalist.

5. the move is a golden opportunity to get rid of unwanted items. A garage sale, ads in the Trading Post or simply by giving your unwanted items to your favourite charity will assist you in diminishing the quantity of possessions that you will need to move on the day.

6. make arrangements with your telephone, internet and cable television provider for the disconnection of the various services from your old home and the transfer of these services to your new home on the completion date.

7. contact your utility supplier (gas, electricity & etc) to arrange for the reading of your meter on the date for completion, and the connection of these services at your new address.

8. if you are moving a long-distance, you may wish to book accommodation nearer to your new home

9. begin to pack non-essential items and out of season clothing, making sure the boxes and cases are clearly labelled with contents and the intended room

10. make sure that important paperwork such as passports, drivers licences etc are in a safe place. Paperwork for the move should all be kept together and accessible

Two weeks to go

• contact your Post Office to arrange for your mail to be redirected after the completion date.

• make sure that everyone knows your new address:-

  • Bank

  • Building Society

  • Clubs and Societies

  • Credit Card Companies

  • Doctor, Dentist and related health providers

  • Centrelink

  • Employer

  • Finance Companies

  • Australian Tax Office

  • Insurance Companies - your policy might not cover your contents, car etc at your new address

  • Magazine Subscriptions

  • Motoring Organisation

  • Share Registries

  • Superannuation Funds

One week to go

• cancel milk, papers and other services

• arrange for someone to look after your pets on the day of the move if they are not travelling with you. Similarly, you might arrange a baby sitter for your small children

• if you are selling a property, confirm arrangements for the handing of the keys of your present home to the selling agent, and for the collection of the keys to your new home from the agent

• confirm a final arrangements with your utility suppliers

• finish packing

The Day before

• take your pets to whoever is looking after them during the move, if you are not taking them with you on the day.

• defrost your fridge and freezer

• pack everything you are going to take with you, put set aside essential items that you will need until the last minute

• if you have young children, make sure you have enough toys to take with you to occupy them

• check each room and any external buildings or garden sheds to ensure that everything has been accounted for

• confirm arrangements and directions with your removals firm

The Day

• pack a kettle, mugs, tea, coffee, milk and sugar together with whatever else you will need as soon as you arrive at your new home. Clearly label the items for easy identification

• keep your valuables secure at all times

• disconnect any appliances that you are leaving behind

• if your pets are to travel with you, keep them in until you are ready to set off - the disruption may unsettle them

• strip the beds and pack the bed linen - if you will be using the same items on your first night in your new home  make sure that they travel with you.

• have one last check around your home to ensure it is secure and that you haven’t forgotten anything

• lock all the doors and windows of your current home before leaving, and take the keys to the estate agent

In your new home

• if necessary, your give your new home a clean before you unpack

• make arrangements for the provision of utilities and  services

• connect all relevant appliances, making sure that you know how to operate the hot water system, pool equipment and the like.

• make the beds - you won’t feel like it by the time you have finished unpacking.

• keep your pets secure until the hustle and bustle of moving, has died down.

When you acquire your new property, your circumstances may have changed. This would be a sensible point at which time to review your will

Enjoy your move! If we can be of any further help, please let us know

conveyancing jargon

This is our guide to some conveyancing terms

Building and Pest Report
The property is sold to you in its present condition and state of repair.  The Standard  Contract is, unless specifically deleted  subject to the receipt by the Buyer of Inspection Reports within a period nominated in the contract (Usually between 7 to 14 days from the contract Date) .

A buyer may terminate the Contract by notice to the Seller at any time before 5:00pm on the Inspection Date if the Reports are unsatisfactory.  If the Buyer does not terminate by 5:00pm on the Inspection Date, the Buyer will be treated as if satisfied with the Inspection Reports and further if the property is bought on this basis the Buyer has no right to complain to the Seller if it later turns out that the building is defective in some way.

The Buyer act reasonably when considering the reports.  If the reports are unsatisfactory a buyer cannot compel the Seller to effect repairs, a Buyer's  only right is to terminate the Contract.   the buyer does not have the right to require the Seller to rectify any building defects, or treat any pest infestations.

If a Buyer terminates the Contract on the basis of unsatisfactory reports, the Buyer will be required to provide a copy of the report to the Seller

Your solicitor does  not make a physical inspection of the property or offer advice on its desirability or worth, these are things that you must satisfy yourself about

Caveat
Notification placed on a Title by a third party, to warn any Buyer that someone else holds an interest in a particular property. This ensures that the property cannot be sold without the consent of this third party

Certificate of Title
this is the traditional method of the Torrens Title system of land recording, where the details of ownership were recorded on a large certificate. Since the introduction of the computerised title system, the traditional paper Certificate of Title has been done away with.

Commercial Property
Shops, offices, industrial and warehousing facilities, franchises etc.

Commission
the fee paid to a Real Estate Agent by the Seller on the sale of a property. The commission is calculated on a percentage of the value of the property

Completion Date
the date of settlement, or the date when the transaction relating to the sale and or purchase of a house or property is. completed. The date you move or become the owner. This date will be set out in the Items Schedule to your contract and is usually 28 - 30 days after the date on which you sign the contract

Conditions of Sale
Are the terms by which the Buyer and Seller agree to buy and/or sell the property. In Queensland the standard contract format contains conditions of sale drafted jointly by the Queensland Law Society and the Real Estate Institute of Queensland.

Contract
The legally binding agreement specifying all of the detail of the house sale or house purchase. The contract legally commits both buyer and seller to the transaction. This document will contain an of the terms such as the property address, property description, price and the names of the parties to the contract. In most instances the contract is prepared by the Real Estate Agent, however, it is always wise to have the contract examined by your Solicitor before you sign it.

Conveyance or transfer
Can simply be described as the transfer of property from one person to another.

Cooling Off Period
A Buyer of residential property (which includes a block of land) can cancel a Contract within 5 business days of the Buyer or the Buyer's Agent receiving a copy of the Contract signed by both the Buyer and the Seller.

This is called a "Cooling-Off Period". A Buyer who "cools off" must pay a termination penalty of 0.25% of the purchase price under the Contract. You may terminate the Contract at any time ending at 5:00pm on the fifth business day. The Deposit less the termination penalty will then be refunded to you by the Agent. If the Initial Deposit is less than the termination penalty you are liable to pay to the Seller the difference

Deposit
Is the amount paid by the Buyer on the signing of the contract. This amount can be up to 10% of the purchase price, however in most instances the Real Estate Agent will accept less than that amount. The deposit is refundable on the termination of the contract, except in circumstances where there is no default on the part the Buyer. In such case the deposit may be forfeited.

Disbursements
out of pocket expenses paid by the Solicitor on the Buyer’s behalf for such things as search fees, land registry charges and the like. The detailed breakdown of the disbursements will be contained in your settlement statement.

Easement
is a right given to an adjoining land owner, or to a local authority for right of way which may include access to an adjoining owner’s property, drainage, easement or in some instances, storage easements. The existence of an easement should be disclosed in that part of your contract, dealing with “Encumbrances”

Fixtures, fittings etc
Unless otherwise excluded the Contract Price includes all stoves, hot water systems, wall-to-wall floor coverings, drapes and track blinds, light fittings, clothes lines/hoists, fixed television antennae, in ground shrubs and all fixtures as inspected by the Buyer. Should you have any queries as to what constitutes a "fixture", please do not hesitate to contact our office.

Freehold title
is the form of title which predominates in Queensland with regard to residential properties. In certain areas of the State residential property can be held under leasehold title from the government. A considerable part of rural Queensland is the subject of leasehold title.

Insurance
As a Buyer, you are now liable for the risk of the property. Please be sure to take out insurance for the full replacement cost of the property. The Buyer should do so by 5:00pm on the first business day after the signing of the Contract, as the risk of destruction or damage to the property will pass to the Buyer from that time.

Joint Tenants
is the means of ownership of land where individuals together own the whole property and are not each entitled to a particular share. On the death of one Joint Tenant his or her share passes immediately to the survivor, and is not the subject of any provisions of the deceased’s will.

Leasehold
The second means of holding land recognised by our legal system. A leasehold interest is usually held over and number of years (no more than 99) and can include such interest as Miner’s Homestead Leases, Perpetual Town Leases and as previously mentioned Pastoral Leases. Leasehold property is now very rare in Queensland

Local Authority Search
this is an enquiry, carry out on your behalf, to determine if there are any potential circumstances that could affect your property. Information on planning consent, building consent, drains & sewers and any preservation orders, is obtained from the local authority.

Mortgage
is the loan from your Bank, Credit Union, Building Society or other financial institution which helps you by your house. The loan is secured on the property to prevent you selling the property without paying it off at the same time

Possession
The Seller must give you vacant possession on the date of Settlement and must take away all possessions not included in your purchase, and all rubbish

Settlement Statement
Is a financial statement prepared by us, detailing all the financial transactions, including your costs, associated with the property the subject of your contract. If you have purchased this statement will detail how much money was obtained from the prior to completion, taking into account all money received from you and all money paid out or to be paid out on your behalf. If you are selling the statement will detail the payment of costs, the amount paid on your mortgage and confirmed in details of the surplus funds (if any) paid to you or deposited to your account

SEARCHES
the method of checking matters that may affect the value of your property and determine if there are any encumbrances over your title which may affect your use of the land. We set out below some of the usual types of searches available to you

• Heritage Search
  This search reveals whether the property is Heritage listed. If the property is Heritage listed the nature of work which can be carried out on the property may be restricted, the use of the property may be restricted, specified work may be required to be carried out on the property, and the property may be required to be available for public inspection.

• Bankruptcy Search
  This search will reveal whether the Vendor is or has been bankrupt. A person who is bankrupt cannot deal with property during the term of the bankruptcy.

• Australian Securities Commission Search
  This search will reveal the proper officers of the Company and whether a winding up order has been made.

• Contaminated Land Search
  This search will determine whether you land is entered on the Contaminated Land thanks to know Register. If you are purchasing a property in a new subdivision it is probably not necessary that this search be done as Local Authorities will not permit development of contaminated land unless major rectification work is carried out, enabling the land to be removed from the Register. Further, most if not all, contaminated land is now listed by Local Authorities and it may be possible for you to make inquiries at the Council office to see if the land is noted as a possible contaminated site.

• Building Services Authority search
  Should the building be less than 6 years old, a search with the Building Services Authority will determine whether the builder was registered, whether the builder had appropriate insurance, and whether statutory warranties in respect of the building work apply, or alternatively whether the work was done by an owner builder in which case no statutory warranties apply. However, if an owner builder desires to sell the property within 6 years of construction, then he is required to obtain the consent of the Authority to the sale AND to provide you with that consent prior to your entering into the Contract.

• Building Compliance Inspection
  This search will determine whether or not there are any unapproved structures on the property you are purchasing. You should bear in mind that those Councils which offer this service will pursue the matter if illegal structures are found to have been erected without the necessary consent and/or inspections. Further you should note that your Contract for Sale does not contain provision for you to terminate the Contract, or require the Vendor to rectify the omission and obtain the necessary permits or final inspection. We advise that this service not offered by all Local authorities.

• Building Permit Search
  This is not a compliance inspection it is merely a search of the Council's Building a Records to ascertain if all structures on the land have been erected with Council consent and the required inspections have been carried out. Again whilst you are not permitted to terminate the Contract where illegal structures are found, you will be alerted to that fact and in a position to rectify the situation before completion if you so desire.

• Stamp duty
  a Government tax payable on the purchase of property. Concessional rates of Stamp Duty can be claimed by First Home buyers, and by Buyers using the property as their Principal Place of Residence(i.e.their home). You may wish to go to the Web Site of the Office of State Revenue (www.osr.qld.gov.au) where you will find a Online Calculators to assist you in the calculation of duty with respect to a purchase.

• Subject to Finance
  Most contracts are conditional on the Buyer upon obtaining Finance by the Finance Approval Date (usually 14 days from the Contract Date). The Approval required is of a loan not a mere application. The Contract requires that the Buyer take all reasonable steps to obtain Finance and that the terms of the loan are to be satisfactory to the Buyer .

  A Buyer must make their own enquiries and take their own steps to negotiate a loan and obtain Finance. A Buyer must satisfy themself about the conditions of approval. All the Buyer's enquiries and the lender's terms must be known to the Buyer and be to the Buyer's satisfaction before the Finance Approval Date.

  Should the Buyer not be able to obtain Finance Approval before the due date it will be necessary prior to that date to apply for an extension of time for Finance Approval should the Buyer wish to continue the Contract.

  A failure by the Buyer to advise as to whether Finance has been approved by the Finance Date can permit the Seller to terminate the Contract. A Buyer should provide a copy of their Finance Approval letter to their Solicitor as soon as possible. If a Buyer can not obtain Finance after taking reasonable steps to do so the Buyer can terminate the Contract and seek a refund of the Deposit held.

• Tenants in Common
  is the method of property ownership were the parties hold their respective interests in the property in distinct shares from each other. On the death of one party his or her share will pass in accordance with the terms of their will.
  Time of the Essence.

  This means that if the obligations of any party contract are not complied with on the due date, the defaulting party is in breach of an essential term of the Contract. If this happens, and the buyer is the defaulting party then the buyer may forfeit the Deposit and the Seller may sue for damages. It is imperative that all parties keep the Important Dates firmly in mind

• Vacant Possession
  Means that a property is unoccupied by the Seller and not subject to any lease or tenancy on the date of Completion.