Conveyancer / solicitor in Brisbane
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I can't recommend a reasonable solicitor, but I can recommend an exceptional solicitor: Chris Emerey from Access Solicitors.
I have used him three times now and he's always been good. He's happy to explain things and very knowledgable. His calming voice helps when something's not quite going right as well.
My partner and I are thinking of buying in QLD again shortly and we'll definitely be using him. It's only a shame that he doesn't do NSW, as I haven't found a solicitor half as good as him here.
I have used him three times now and he's always been good. He's happy to explain things and very knowledgable. His calming voice helps when something's not quite going right as well.
My partner and I are thinking of buying in QLD again shortly and we'll definitely be using him. It's only a shame that he doesn't do NSW, as I haven't found a solicitor half as good as him here.
Hi
You could also try George Amarandos of Logan Conveyancing. Have used them several times and their service has been very professional.
You could also try George Amarandos of Logan Conveyancing. Have used them several times and their service has been very professional.
I have just done that last year bought 2 IPs in QLD via SMSF with finance. I used solicitor/lawyer but was assigned I think a conveyancing clerk and all was good.
What do you need from the solicitor?
I had a great broker who dealt with the bank and their lawyers who required 10 weeks settlement, the lawyer added extra clauses in the contract I required and did regular searches, the accountant and his financial planner provided the setup paperwork (bare/custodian trust etc...).
What is vital is when you sign the documents as each state has different laws and accountant was helpful there....
In my case I used the help of the accountant for SMSF structure, necessary bank documentation, and the solicitor just does the usual searches that's all...
What you need to do first is talk with the broker for finance and necessary paperwork (some will even direct you to others for the setup structure if you accountant has not done it), then the solicitor is used once you found the property to buy.
Basically, I liaised all these contacts so they would communicate with each other what they need, as it is a process....
….. or put the SMSF entity on the COS.
That is always a great one.
SMSF is tricky which is why it's always great dealing with you on them Shahin (and some of the other brokers on the forum) who are all over this stuff.
Although, through one of the majors you can choose to use their corporate custodian and then you do put the SMSF trustee on the COS but need to put a condition transferring the property to the Custodian at settlement.
I assume the others might offer something similar.
We found a solicitor. He told me put " My Corporate Trustee of My Bare Trust ATF My Bare Trust" on sales contract. But only use "My Corporate Trustee of My Bare Trust" on Certificate of Land Title.
Anyone has different opinion? Our bare trust created by our financial planner without date. We are going to date it on the same date of the sales contract after the loan has been unconditionally approved.
Differs from state to state. In NSW you would put the SMSF trustee on contract with no mention of the trust.
I don't know why it differs.
I believe the only requirement for a trustee to enter into a contract is to put the name of the legal owner - which would be the bare trust. Not sure what the trust needs to be mentioned, but it probably has something to do with the stamp duty later on when transferring from the custodian to the SMSF trustee.
I believe the only requirement for a trustee to enter into a contract is to put the name of the legal owner - which would be the bare trust. Not sure what the trust needs to be mentioned, but it probably has something to do with the stamp duty later on when transferring from the custodian to the SMSF trustee.
Have a heap of conveyancers that we deal with in QLD, no issue with any of them.
I just wanted to add my 2c on the contract of sale issue, which is a ticking time bomb I feel with SMSFs.
In relation to Bare Trust and the contract of sale for Queensland specifically, it is a requirement to have the bare trust set up before the contract of sale is signed.
In relation to the name on the contract of sale, no one lawyers wants to put their butt on the line however, I have a document from DBA lawyers that states, that the name on the contract of sale should be "name of holding trustee ATF name of holding trust" and the bare trust should be executed before the contract of sale. A number of number of real estate agents spruiking property in QLD and signing the COS in the wrong name or bare trust is not set up before COS is signed.
Qld is not alone, its the same for WA and SA that he bare trust should be executed before the contract of sale. So many instances where it does not happen though.
We have a heap of clients buying in QLD and for all our clients we ensure the bare trust is set up before the contract of sale.
God forbid in 10-20 years when all these SMSF Trustee/ members that have set up the bare trust incorrectly or had no or poor advice on the contract of sale and get hit with double stamp duty sometime in the future.
If you email me, i'm happy to share the DBA doc with you.
Cheers, Ivan
I just wanted to add my 2c on the contract of sale issue, which is a ticking time bomb I feel with SMSFs.
In relation to Bare Trust and the contract of sale for Queensland specifically, it is a requirement to have the bare trust set up before the contract of sale is signed.
In relation to the name on the contract of sale, no one lawyers wants to put their butt on the line however, I have a document from DBA lawyers that states, that the name on the contract of sale should be "name of holding trustee ATF name of holding trust" and the bare trust should be executed before the contract of sale. A number of number of real estate agents spruiking property in QLD and signing the COS in the wrong name or bare trust is not set up before COS is signed.
Qld is not alone, its the same for WA and SA that he bare trust should be executed before the contract of sale. So many instances where it does not happen though.
We have a heap of clients buying in QLD and for all our clients we ensure the bare trust is set up before the contract of sale.
God forbid in 10-20 years when all these SMSF Trustee/ members that have set up the bare trust incorrectly or had no or poor advice on the contract of sale and get hit with double stamp duty sometime in the future.
If you email me, i'm happy to share the DBA doc with you.
Cheers, Ivan
