The purchase of a home is the most important investment in the lives of most citizens, so if you are thinking of purchasing a Property Valuers Adelaide, do not hesitate to consult with CEA’s lawyers and, above all, do not sign any document without first having with the appropriate advice, especially before handing over money, even if it is in the form of a deposit.
Prior to the preparation of the public deed of sale , a private contract is usually signed between the buyer and the seller . The private document is not mandatory or inscribable in the Registry, but the law considers it a valid contract and obliges to comply with everything that is included in it.
Therefore, if you are going to buy a house, it is important to obtain appropriate advice before signing anything. In the private document, some important issues must be taken into account:
Who signs for the selling party. When a promoter sells, the administrator or attorney of the company signs. If it is a sale between individuals, all the owners must sign, and if it is a marital or family home, both spouses must sign.
State of housing charges . It is essential to check if the house is free of charges, if it has a mortgage , if there are liens on it, or if there is any limitation in the statutes of the community of owners . You can request a simple informative note directly from the Land Registry or do it through a notary’s office. Sometimes you have to request a certificate of urban planning legality from the town hall in case there is any type of affectation that does not appear in the Property Valuers Adelaide Registry.
Fees of the community of owners. Before the purchase, make sure that the house is up to date with payments and expenses, since in certain cases the law obliges the buyer to take care of them.
Price. Clearly determine the price and method of payment. Do not accept the fixing of a lower price than the real one or pay amounts that are not documented. This is against the law and may harm you.
When signing the private contract, an amount is usually given as part of the payment of the total price or “sign” known as a deposit, which binds both parties. The most common are the penitential ones, which allow you to get rid of the contract before signing the deed. If it is the buyer who cancels the agreement, he will lose the amount delivered, while if the seller does so, he will have to return twice what was received.
If it is a home under construction, the buyer has the right to demand a guarantee for the amount delivered so that, if the agreed term for the delivery of the property Valuation is not met, it will be returned to him along with the corresponding interest.
Expenses of the sale. If the parties do not agree on anything, or if they indicate in the contract that it is “according to law”, the legislation of the competent autonomous community will apply. However, in the private document it is usually agreed who assumes the expenses including that all are paid by the buyer, except the capital gains that by law corresponds to the seller. If a promoter sells, the buyer is prohibited from assuming expenses that by law must be paid by the seller.
