• 1. Application details

    Page 1 of 8

  • To get the process started, please enter a couple of details below. This will make sure that you can easily access and make changes to your application once submitted.

     

     

  • 2. Contract of Sale

    Page 2 of 8
  • Browse Files
    Cancelof

  • Contract Review Fees

    Where you have indicated that you wish for us to review the Contract and Vendor Statement, we will:

    • review the Contract including:
      • checking whether the general conditions are standard;
      • drawing your attention to any onerous special conditions or unusual particulars of sale;
      • recommending deletion of any special conditions.
    • review the Vendor Statement including:
      • checking whether the title particulars are correct; 
      • drawing your attention to the disclosed details of the property, and raising with you any matters that are of concern, or warrant further enquiries being made 

    We will provide our advice in a letter emailed to you together with any other documents we consider to be of relevance within 48 business hours of payment. If you need the review urgently, please see the below urgency premium to perform the work within 6 business hours of payment.

    Please note, we do not provide financial or taxation advice in respect to the consequences of the purchase. 

    Our fees (GST incl) to review the Contract and Vendor Statement are additional to our fixed fee conveyancing fees and are determined by the length of the document as follows:

    Under 60 pages $550
    Under 120 pages $650
    Under 180 pages $750
    Under 240 pages $850
    Under 300 pages $950
    Urgency Premium $250

    If we identify issues raised by the documents requiring significant consideration and advice not covered by the fixed fees above—commonly building permit matters or owners corporation concerns—additional fees will apply. These will be charged at our hourly rate of $352 (incl GST), calculated in 6-minute increments. We will inform you before proceeding with any additional work.

    If the document is 300 pages or over, please provide a copy and we will provide you with a tailored quote. Otherwise, so that we can get started straight away, make payment of the relevant fee into our trust account (details below) and provide confirmation of payment to info@mcmanuslawyers.com.au

    McManus & Co Lawyers Law Practice Trust Account

    BSB 063240

    Acc 0000 0011

    Where you require additional assistance or the matters raised in the documents require further advice or assistance, our hourly rate of $352 (incl GST) will apply billed in 6-minute increments. We will let you know if this applies to you. 

    We will issue you with an invoice at the same time as sending you our review. By making payment to us, you hereby instruct and authorise us to withdraw the funds you have placed into our trust account to pay our invoice for our professional fees and any authorised disbursements.

  • 3. Purchaser details

    Page 3 of 8

  • 3a. Buying a property in your own name

  • Please provide your full details, as they appear on your passport, birth certificate or other official documents.

  •  / /
  • Browse Files
    Cancelof

  • 3b. Buying a property as a director of a company

  • Foreign Purchaser Additional Duty

    When you buy or acquire residential property as a foreign purchaser, you may have to pay foreign purchaser additional duty on the share of the property you acquire. 

    A foreign purchaser includes a foreign corporation.

    Foreign corporations include corporations incorporated:

    • outside Australia;
    • in Australia if a foreign natural person, another foreign corporation, or a trustee of a foreign trust has a controlling interest in those corporations.  

    A foreign trust is a trust where a foreign natural person, foreign corporation or trustee of another foreign trust, has a substantial interest in the trust estate of that trust.

    A substantial interest in a trust is when that person or entity either alone, or together with an associated person, or another foreign natural person, foreign corporation or the trustee of a foreign trust has:

    • a beneficial interest of more than 50% of the capital of the estate of the foreign trust, or
    • in the Commissioner's opinion, the capacity to determine or influence the outcome of the decisions about the administration and conduct of the trust, taking into account certain factors (such as the practical influence the person can exert in addition to any rights the person can enforce, and any practice or behaviour affecting the trustee’s administration and conduct of the trust, even if that practice or pattern of behaviour involves the breach of an agreement or breach of trust).

    You are a foreign purchaser if you are not:

    • A citizen or permanent resident of Australia;
    • A New Zealand citizen with a Special Category Visa (Subclass 444).             

     Further information on additional duty and in which circumstances it will apply is avaialble at the SRO website here. 

  • 3c. Buying a property as the trustee of a trust

  • Browse Files
    Cancelof

  • Foreign Purchaser Additional Duty

    When you buy or acquire residential property as a foreign purchaser, you may have to pay foreign purchaser additional duty on the share of the property you acquire. 

    A foreign purchaser includes a foreign trust.

    A foreign trust is a trust where a foreign natural person, foreign corporation or trustee of another foreign trust, has a substantial interest in the trust estate of that trust.

    A substantial interest in a trust is when that person or entity either alone, or together with an associated person, or another foreign natural person, foreign corporation or the trustee of a foreign trust has:

    • a beneficial interest of more than 50% of the capital of the estate of the foreign trust, or
    • in the Commissioner's opinion, the capacity to determine or influence the outcome of the decisions about the administration and conduct of the trust, taking into account certain factors (such as the practical influence the person can exert in addition to any rights the person can enforce, and any practice or behaviour affecting the trustee’s administration and conduct of the trust, even if that practice or pattern of behaviour involves the breach of an agreement or breach of trust).

    You are a foreign purchaser if you are not:

    • A citizen or permanent resident of Australia;
    • A New Zealand citizen with a Special Category Visa (Subclass 444).

    Foreign corporations include corporations incorporated:

    • outside Australia;
    • in Australia if a foreign natural person, another foreign corporation, or a trustee of a foreign trust has a controlling interest in those corporations.               

     Further information on additional duty and in which circumstances it will apply is avaialble at the SRO website here. 

  • 4. Ownership

    Page 4 of 8
  •  / /

  • 5. Details of the property being purchased

    Page 5 of 8

  • 6. Stamp Duty

    Page 6 of 8
  •  / /

  • 7. Matters for your Protection

    Page 7 of 8

  • 8. Almost done! Simply read through and accept our Cost Disclosure Statement and Terms and Conditions to get the process started.

    8 of 8

  • What will we do from here?

    If you have requested a review of the Contract and Vendors Statement, we will proceed to review the documents and bring to your attention any pertinent issues - the fees are as stated in the form and the below fees will only apply if we proceed to provide you with full conveyancing services.

    Where we are proceeding to undertake the conveyance, we will obtain searches and certificates to ensure all information in the contract and vendor's certificate is accurate, liaise with all necessary parties such as agents, solicitors, conveyancers and banks/financiers, prepare necessary documents and arrange for you to sign them, sign transfer on your behalf, prepare statement of adjustments, arrange settlement, notify council and water authority of the change in ownership, and keep you in the loop. 

    The scope of work covered by our retainer is limited to the standard steps in a conveyance of the property and not unusual or additional work, including but not limited to contractual disputes, advice about mortgage documentation; advice about ending the contract; preparing a deed of rescission, cancellation or variation, negotiating contractual terms or rearranging settlement. We may be able to assist you with such work, however it will be at an additional cost of $352 per hour (incl GST) unless detailed specifically below. The scope of our retainer specifically excludes the provision of taxation or financial advice.

    In circumstances in which the Vendor or their representative create additional work outside the scope of a standard conveyance, including but not limited to delaying settlement, not responding to our requests for documents and making repeated errors in the State Revenue Office forms, please be aware that we may have to charge you at our hourly rate set out above for the additional work undertaken by this office to effect your settlement, despite it being a matter outside your or our control.  

    Our fees (GST Inclusive)

    Our fixed fees are as follows:

    - standard purchase $1780
    - purchase off-the-plan (additional $750) $2530


    Additional fees if applicable (GST inclusive)

    Purchasing as a company or trustee   $450
    Purchasing as a foreign purchaser   $450
    Reviewing and attending to execution of Deed of Variation $250
    Nominating a related party as a subsequent/substitute purchaser $250
    Preparing/reviewing a licence agreement $485
    Attending to make payment of GST on the purchase to ATO $250
    Verifying your identity/right to deal at our office (per attendance) $55
    Dealing with owner builder/building permit disclosure issues (max 45 mins) $250
    Dealing with Owner Corporation disclosure issues (max 45 mins) $250
    Purchasing with an existing commercial lease $450
    Purchasing with an existing residential lease $250

    Please note, if your off-the-plan purchase proceeds over successive years, you agree and accept that our fees will increase by $100 for each year (starting 1 January) that your purchase remains on foot. 


    After receipt of the executed Contract and upon it becoming unconditional, we will send you a letter of initial advice and enclose an invoice for an instalment of our fees in the amount of $300 plus disbursements. Before settlement, you will receive an invoice setting out the remainder of our fees and disbursements. Our fees will be added to the amount needed at settlement and you authorise us to be paid at settlement.

    If your purchase does not settle for any reason, you agree to pay our fees for work done and disbursements incurred by us.

    Disbursements

    Disbursements are out-of-pocket expenses which we incur on your behalf, including property searches and certificates, postage, and PEXA fees. As disbursement are usually between $500-$600, we estimate you will need to pay $600 in disbursements, not including Owner’s Corporation certificates. An Owner's Corporation certificate costs $203.82. If required, this will increase the disbursements payable. If there are multiple owners corporations, the second and subsequent certificates are available at reduced rates of usually $115.53 per certificate. You will only be charged for those disbursements we incur on your behalf.

    You have the right to:

    • Ask for an explanation of our fees
    • Negotiate a costs agreement
    • Negotiate the billing method (e.g. timing or task)
    • Request a written progress report of costs incurred
    • Receive a written bill for work done
    • Request an itemised bill
    • Contact your local regulatory authority

     

  • Terms and Conditions

    By submitting this form, you warrant that you have authority to engage us for this sale and that you agree to our Terms and Conditions. 

  • Avoiding Scams

    McManus & Co will only ever ask you to put funds into our trust account with the details:

    McManus & Co Lawyers Law Practice Trust Account

    BSB 063 240

    Account Number 0000 0011

    Please call our office on our usual number (9318 4188) to verify our bank account details before paying any funds to us, even if you receive a request from us to do so. Email scams in conveyancing which have caused substantial loss are commonly reported in the media. You can learn more about how to protect yourself here. 

  • Referrer

  • Liability limited by a scheme approved under Professional Standards Legislation

  • Should be Empty: