Property UpdateProperty Settlement Process Explained

Settlement Day is the most exciting day in your property purchasing journey.

For less experienced property buyers, the day the vendor hands over the keys to your new house can be a nerve-wracking, stressful, or sometimes very emotional journey.

In this article, we talk about what happens on Settlement Day so that you’re prepared for the ride.

What is a Property Settlement in Australia?

Property settlement is the legal process of transferring ownership of a property from one owner to another.

In each state, there are regulations and procedures that must be completed before the property can legally change hands.

These legal requirements are complex and that’s why property purchasers and vendors usually engage the services of a conveyancing solicitor to ensure the process is handled correctly, so everything runs smoothly on Settlement Day.

The first step in finalising your property purchase is to line up the services of a reliable conveyancer to be your representative.

If you don’t have one lined up as yet, ask us for a referral and we’ll give you contact details for a reputable conveyancer whom we’ve worked with before.

Settlement Day, or the day when the sale of a property will be completed, is usually outlined on the Sales Contract you sign when you agree to purchase the property and leave your deposit.

It pays to get your conveyancing solicitor to look at this contract prior to signing it as the wording will affect the way your settlement is conducted and how Settlement Day proceeds.

This contract should contain the conditions of the sale and what is included in the sale, what actions are required to complete the sale and who is responsible for them.

Property Settlement Checklist

Some of these actions will be the responsibility of your conveyancer and some of them will fall to you.

For your conveyancer

• Inspect the Sales Contract to ensure it is reasonable and correct – for example, ensure that there is enough time between the finance approval date and the proposed settlement date
• Ensure all clauses in the Sales Contract are met by both parties
• Ensure any existing mortgages against the property are paid off
• Conduct a title search and ensure that all measurements and boundaries are in line with the Certificate of Title
• Ensure that there are no caveats or debts legally held against the property – like unpaid council rates and so on
• Register the transaction with all appropriate authorities
• Ensure that all paperwork is correctly completed and filed by both parties in plenty of time before Settlement Day actually occurs
• Work with your mortgage broker so that your lender can organise a property valuation, if required, and get the cheque/s ready or organise the lender’s representative to be at the exchange, where applicable.

For you

• Inspect the property to ensure everything is still in good order
  
• Check that the fixtures and fittings outlined in the contract are there and in good working order
• Organise building insurance to go into effect as soon as the vendor signs the Sales Contract
• Sign the documentation your conveyancer prepares to facilitate transfer of ownership – transfer of land, stamp duty application, authority to proceed etc.

ALSO READ: How to prepare for a property settlement

What Happens on the Big Day?

Settlement Day is the big day when your mortgage comes into effect and your lender pays the balance of the purchase price to the vendor.

Other fees and duties payable to the government must also be paid on Settlement Day.

On this day, your conveyancer will officially receive the property title and officially register you as the new owner.

Cheques will be exchanged and the vendor can claim the deposit from the Real Estate Agent.

Usually these exchanges occur in a meeting between your conveyancer and the vendor’s, and often your lender’s representative will be present – so you will not be required to be present personally.

Once all the paperwork is completed successfully and all the loose ends are tied up, the keys to the property are handed over to you and you can officially take possession.

What Can Go Wrong?

Sometimes, settlement can be delayed because of a variety of factors.

Conveyancers and solicitors can miss meetings, sometimes cheques can be delayed – particularly if you don’t have your financing in place prior to signing the Sales Contract!

Just to be safe, we recommend that you set your moving in date to be a few days after Settlement Day, so you’re not left with nowhere to go if things don’t go according to plan.

However, we’re here to do everything we can to make sure everything runs smoothly on Settlement Day, particularly with the all-important financing!

Talk to us while you’re still looking for your property purchase so you can engage your conveyancing solicitor early and talk to us to get your financing in place in plenty of time before you sign the Sales Contract.

That way, everything should go according to plan and you’ll be able to move into your new home right away.