Click Conveyancing


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Conveyancing when transferring a property

A transfer of the whole or a part of a property between relatives and friends can be a complicated and expensive process if not handled properly. For instance, did you know that in certain circumstances, the transfer of a property between a husband and wife can be exempt from payment of stamp duty? At Click Conveyancing our conveyancing solicitors and paralegals have many years of dedicated experience in transfer of land transactions. We encourage a climate of continual learning and development to keep abreast of changes in the law of property, finance and stamp duty

Process of transferring a property between friends and relatives

You should:

  • Obtain a home loan approval
  • Where you are discharging or refinancing an existing loan, inform the outgoing lender of the impending transfer and satisfy yourself as to any loan break costs payable to your lender
  • Agree on a price for the title transfer
  • Provide Click Conveyancing with instructions about your transfer the property

We will:

  • Advise you whether your transfer is liable to payment of stamp duty
  • If the transfer is liable to stamp duty, help you arrange a stamp duty valuation from a registered valuer (a stamp duty valuation is required by the Office of State Revenue)
  • If the transfer is exempt from stamp duty, prepare the stamp duty exemption forms to be signed by you
  • Draft the property title transfer documents and send them to you to be signed
  • Review your lending arrangements and liaise with the lender to ensure that they will be ready for settlement

Property Exchange

You should:

  • Sign the loan documents and transfer
  • Send the transfer to us together with any settlement monies necessary to settle the transfer together with a bank cheque for payment of stamp duty (where applicable)

We will:

  • Attend settlement and ensure that all Title Documents are in order
  • Attend to lodgment of Transfer for stamping together with stamp duty exemption forms or cheque for payment of stamp duty
  • Pay the settlement monies to the transferor (if applicable)
  • For purchasers without a mortgage, lodge the Transfer and Notice of Sale with the Department of Lands and then send you your Title Deed when it has been registered*
  • Send you a final reporting letter
  • Retain your file for 7 years, making it easier for you to provide us with instructions if you decide to sell your property
* additional fees may apply
“Thank you SO much Annette!! You’ve been amazing, so helpful and supportive especially when I may have had baby brain! We just got home from the hospital with our second baby to that news so it’s very exciting.”
- Michelle
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- Martin
“Thanks a lot for your help, it has been a great experience and we are very happy with the service provided. 5/5! We will definitely be coming back to Kydon Segal in the future should the opportunity arise.”
- Fred & Mel
“Thank you very much for being such a pleasure to work with. All the best and if I ever need a conveyancer in the future I would be happy to use you once again.”
- Michelle Mairet