Part 1 – Finding & Securing Your Dream Home (The Fast, Easy & Secure Way!)

So, you’ve found the perfect property. It feels like home already—you can picture your future there, your family loves it, and even your friends are excited. Now, it’s time to secure it.

The process of buying property moves quickly, and buyers often feel pressure to make decisions on the spot. The real estate agent, whose job is to secure the best result for the seller, plays a key role in getting the deal done. They will guide you through the sale, keep things moving, and provide valuable insights about the property. However, their primary duty is to the vendor.

That’s where your lawyer comes in. A property lawyer ensures your rights are protected, helps you navigate the legal complexities, and gives you the confidence to make informed decisions—without unnecessary stress.

Step 1: Call Your Lawyer First

One of the biggest mistakes buyers make is waiting too long to engage a lawyer. Buyers often assume they should only involve a lawyer once they’re ready to sign the contract, but the truth is, the earlier you get legal advice, the smoother the process will be.

As soon as you’re serious about a property, let your lawyer know. Here’s how they can help you from day one:

• Contract Review – Before you sign anything, your lawyer will review the contract, explain key terms, and identify any risks. They’ll also help negotiate terms that better protect you.
• Due Diligence Support – Need a strata inspection or building report? Your lawyer can recommend reliable professionals and ensure their findings are factored into your decision.
• Managing Timelines – From finance approval to contract exchange, your lawyer helps you stay on track and ensures no important steps are missed.
• Negotiating Terms – Many buyers don’t realise that settlement periods, deposit amounts, and even included fixtures are all negotiable. Your lawyer ensures you get the best possible terms.

A good real estate agent will support these steps, knowing that well-prepared buyers make for smoother transactions. If you ever feel rushed, remember: taking the time to get things right now will save you stress and potential legal headaches later

Step 2: Understanding the Contract and What You Can Negotiate

The property contract sets out everything about your purchase—what you’re buying, the terms of the sale, and your obligations. While some parts of the contract are standard, many terms can and should be negotiated to suit your needs.

Key Areas You Can Negotiate:

1. Inclusions and Exclusions
   • Want the fridge or washing machine to stay? Ask for it.
   • Not keen on the old curtains? Request their removal.
   • If the property has a built-in sound system or home automation, your lawyer can ensure all necessary equipment (and passwords) are included.
2. Settlement Period
   • The standard settlement period is 42 days, but your lawyer can negotiate a shorter or longer timeframe to match your circumstances.
   • If your finance approval needs extra time, your lawyer can adjust the settlement terms to avoid unnecessary pressure.
3. Deposit Amount
   • Contracts typically specify a 10% deposit, but your lawyer can negotiate a 5% deposit or even a smaller amount, depending on what the seller agrees to.
4. Repairs and Property Condition
   • Once contracts are exchanged, you buy the property as-is. If something needs fixing, your lawyer can negotiate for repairs to be completed before settlement.

Step 3: Final Checks Before You Commit

Before you sign and exchange contracts, your lawyer will ensure everything is in place so there are no surprises later.

Key Final Steps:

• Take a video of your final inspection – This provides evidence of the property’s condition in case of any disputes at settlement.
• Confirm your finance – Make sure your loan is fully approved before committing. Banks can change terms unexpectedly, and your lawyer will ensure you’re protected.
• Review your obligations – Your lawyer will explain your responsibilities after exchange, including stamp duty deadlines and settlement requirements.

Why Having a Lawyer from the Start Matters

A real estate agent is there to facilitate the sale, but their role is different from that of a lawyer. An agent works for the vendor and aims to achieve the best price and terms for their client. A lawyer, on the other hand, is solely focused on protecting your interests.

By involving your lawyer early, you avoid rushed decisions, ensure the contract works in your favour, and gain peace of mind knowing that you’re fully informed every step of the way.

Buying a Property? Let & Legal Guide You

At & Legal, we help buyers navigate the property process with confidence. Whether you’re a first-time buyer or a seasoned investor, our expert legal team ensures your purchase is fast, secure, and stress-free.

Explore Our Flexible Conveyancing Packages

We understand that every property purchase is unique. That’s why we offer Essential, Premium, and Elite conveyancing packages designed to fit your needs, whether you’re handling a straightforward transaction or require comprehensive legal support. Our packages provide transparent pricing and expert guidance tailored to your situation.

Before you sign anything, give us a call. We’ll make sure your dream home doesn’t come with unexpected legal headaches.