Property buying is common in Australia, whether you're doing it for the first time or have invested in multiple properties before this. Contract for sale documents are hard to understand on your own, which is why a conveyancing solicitor can help ease the buying process. But it pays to decode the tough clauses in the contract for sale so that you're better prepared to negotiate through your solicitor.

Property Title Certificate

A property title certificate is a clause in the contract that refers to the current ownership of the property being considered for sale. It covers factors like mortgages, covenants, easements and other specific interests related to a particular piece of land. When a property is sold, the title is typically transferred from the old to the new owner. When you buy, you will be given a Certificate of Title document duplicate, with the original lodged at the office of Land Titles. Keep in mind that in more recent cases, e-copies are being registered to eliminate the need for unnecessary extra paperwork. Find out from your solicitor how this will work for your piece of land. 

Cooling Off Period Rights

Most states in Australia offer cooling off periods after you sign the contract for sale. This gives you an opportunity to sign the contract and proceed towards settlement only if certain conditions are met. For example, if the loan is subject to satisfactory building inspection, then you can exercise your cooling off period to get out of the contract. A cooling off period in NSW, ACT and Queensland is 5 business days, while it is 3 business days in Victoria, 2 business days in South Australia and 4 business days in Northern Territory. There are no cooling off period clauses if you're buying a home in Tasmania.

Easements Related To The Property Being Sold

In simplest terms, an easement is a person's right to use some part of another person's property for a particular reason, at a pre-fixed fee. It also seeks to prevent a property owner from using some part of their property in a specific manner. Easements are typically related to areas like utility line usage or sewer line access. These can have an impact on the future value of the property under considerations, so make sure you cover this factor when talking to your solicitor.

Conveyancing solicitors can typically help with all areas related to property, whether you're buying, selling or disputing wills. Get one on your side for your own eventual benefit.