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When both parties have agreed with the terms
of the contract for the sale of land, they both
sign the contract and the buyer pays a deposit
to the seller. This deposit will be a
percentage of the value previously agreed.
After exchange the seller holds the property
until the date of settlement. At the point of
exchange, the agreement has been struck and
will stand unless the contract is rescinded by
either the buyer or seller.
Processes triggered by the
exchange
The exchange of contracts will trigger the
following processes:
- The commencement of the 'cooling-off'
period (where it is available in your
circumstances - for example, this does not
apply to property purchased at auction)the
cooling off period generally ranges between
3-5 business days, depending upon the laws
of the state where the contract is taking
place;
- The timing for the payment of the stamp
duty. Stamp duty must be paid within 1-3
months of settlement (depending upon the
individual laws of the State or Territory).
If the duty is not paid within this period
a fine may apply.
- Final period before settlement.
This will usually be four to eight weeks
between the time the contracts are
exchanged and the date of settlement.
The exchange of contracts presents a
timetable before settlement in which final
inspections, financial arrangements, and the
final exchanges must be made.
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