Do you choose solicitor base on property location or close to you?

Discussion in 'The Buying & Selling Process' started by Annaelsa, 15th Apr, 2017.

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  1. Annaelsa

    Annaelsa Active Member

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    Hello every one,

    I'm thinking to buy another IP interstate or regional area but not sure how to do it. I'm in stage of researching.

    I was wondering how do you guys buy IP interstate.

    Do you use solicitor or conveyancer near you or solicitor or conveyancer in the same suburb of the property you are buying?

    I heard some investors buy IP unseen.
    How would they do it safely?
     
  2. DaveM

    DaveM Well-Known Member

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    You get a solicitor or conveyancer based on their ability to practice in that state and their skills. Being close to the property is irrelevant.
     
  3. Stoffo

    Stoffo Well-Known Member

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    When you find a good one, stick with them.

    My last one started out fine, and sorted our initial purchase, they had a second contract before the first settled, still havent received a bill for the first (or the title, wtf) and settlement for the second is fast approaching o_O
    Some are hopeless :mad:
     
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  4. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    I thought the same until I purchased in a regional area.

    Using a local solicitor can be very valuable - they might know a thing or two about the subject property/area.

    Cheers

    Jamie
     
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  5. Perthguy

    Perthguy Well-Known Member

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    I also use conveyancers that practice close to the target area. Different areas tend to have their own little quirks and having an experienced local conveyancer can be helpful.
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Especially if it is not freehold where you need the expertise that can only be gleamed from a local
     
    Last edited: 16th Apr, 2017
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  7. Annaelsa

    Annaelsa Active Member

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    Thank you all for your advices.

    My both IPs in NSW were handled by the same solicitor located within walking distance from where I live.

    The first one was no problem but was hassled on 2nd IP I almost missed settlement date as the vendor's solicitor gave bank cheque instruction very late, 2.30pm bank close at 4pm, my solicitor need bank cheques by 4pm. I kept chasing my solicitor, selling agent for a week but no respond from the vendor's converyancer till last day, I had to go to my solicitor office and wait there for bank cheque instruction and run to bank to make bank cheques then run back to hand all the cheques to solicitor.
    Imagine if that day I didn't standby for this, I wouldn't be able to make it in tome just only few hours.

    I was wondering how to prevent this happens in the future if solicitor also is interstate in case vendor's solicitor give bank cheques instruction in last minute like this
     
  8. Perthguy

    Perthguy Well-Known Member

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    This is fairly common. Not really anything you can do about it.
     
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  9. Annaelsa

    Annaelsa Active Member

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    Thank you, Perthguy.
    I remember I read somewhere they said the same, just take it as bad luck.
     
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  10. geoffw

    geoffw Moderator Staff Member

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    Property law is state based. You need somebody who is able to practice in the state in which you want to purchase.

    In the ACT it's common for solicitors to be licenced to practice across the border, and similarly in NSW close to the border, but even the it's not a given.

    Laws may differ widely on this game like cooling off, bid and offer, settlement, strata title etc.
     
  11. Wendy Chamberlain

    Wendy Chamberlain Well-Known Member

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    It's very important to use a solicitor that can act in the State that you are purchasing in. Rules differ from state to state and a Victorian solicitor may not be licensed to act for you in Queensland, etc. Best to go local and go with someone that you trust or comes highly recommended by someone that has personally used them.
     
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  12. Agent30yrs.

    Agent30yrs. Well-Known Member

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    Your local guy is only going to sub it out to a firm in the target state and charge you for it.
     
  13. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    We settle throughout QLD everyday. We bank with CBA so that cheques can be collected from the local CBA branch with little notice, although try to give notice the day before. Although, the majority of settlements occur in the Brisbane CBD anyway. Banks will often charge you more if they don't.

    Electronic settlements are not progressing in QLD but it will come, NSW and VIC are moving to compulsory elec ones in a year or 2. QLD will follow.

    It is the little intricacies of that state law that makes interstate practice difficult. Best to go with someone who has an office in the state and who does not do it as a sideline.
     
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  14. Annaelsa

    Annaelsa Active Member

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    Thank you so much.
    Will that mean I can transfer money to your account then you prepare bank cheques in the bank for settlement?
     
  15. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Correct. We take cheques from our trust account to our local CBA branch in the city and arrange fro them to be collected in regional areas (if need be).
     
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  16. Big Will

    Big Will Well-Known Member

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    I live in Melbourne and went to contract for two properties in Brisbane in the last 12 months.

    One was successful and the other wasn't.

    I have never met the solicitor (in Brisbane) and still haven't, these days with emails, phone and trust accounts you really don't need to meet the person they just need to be able to do the job. The solicitor was recommended to us and we were very impressed and with the final result being very favourable to us.

    I had issues before going unconditional and didn't ever feel like oh boy I really need to meet with the solicitor face to face and all issues were resolved.

    If I was buying in Cairns then maybe I would want to pick someone up there but I would first ask the Brisbane solicitor if they service and if so how would the service be.
     
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  17. kierank

    kierank Well-Known Member

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    About 7 years ago, I actually missed a settlement. It wasn't the lawyers; it was the banks.

    I was selling one of my businesses. I was based in Brisbane and so were my lawyers; one of the purchasers was based in Melbourne and the other was in Perth.

    Settlement was in Melbourne but the money was coming from Perth (one of the big four banks).

    I flew with one of my lawyers to Melbourne and we started settlement at 10am. It took us about two hours to get the paperwork signed and exchanged. We sat around for an hour waiting for the money (a bank cheque) to come through.

    Nothing came, so we all went to lunch and left the paperwork in a locked room.

    We got back around 2pm as arranged. Still no money. Everyone started making phone calls to try and find out what was going on.

    At around 4pm, it came to light that the team at the purchasers' bank all went to a funeral as their manager's son was killed in a car accident the previous week. No one was there with authority to release the funds.

    Settlement was NOT going to be finalised that day. The purchasers' lawyers wanted to shred all the signed paperwork and start all over again the next morning. I suggested to my lawyer we should hand back the relevant signed paperwork, each party's lawyers to hold the documents for safe keeping and we all meet in the morning to re-exchange the signed documents, hand over the money and finalise the settlement.

    The next day it went like clockwork. It was so nice walking to the bank with that bank cheque in my hands.
     
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  18. Annaelsa

    Annaelsa Active Member

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    kierank, thank you for sharing your experience.

    I was told if I didn't make it I would be subject to 10% interest. Luckily, it's end up all good
     
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  19. Annaelsa

    Annaelsa Active Member

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    Hi Big will. Thanks for sharing your experience it's very helpful. Would you mind to share more about the issues before going unconditional
     
  20. Perthguy

    Perthguy Well-Known Member

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    Penalty interest should not apply for a 24 hour delay but penalty interest is set out in the contract, so read your contract very carefully.
     
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