All Topics / Legal & Accounting / When/How/Who…places caveat ?

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  • Profile photo of WallFlowerWallFlower
    Member
    @wallflower
    Join Date: 2004
    Post Count: 205

    Calling all wrappers!

    When does one actually place the caveat on the title, and does the wrappee need a solicitor to do this or even a convancer or does the wrapper organise it with the bank! Does the wrappee need any legal representation when signing the contract
    I could go on and on…

    …about to fall off the steep learing curve!

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    We insist that all of our wrappees obtain independant legal advice before entering into one of Contracts.

    The Property Act makes provision for the wrappee to register a caveat against the property after the possession date. In practice it needs to be registered after the wrappers mortgage has been registered at the titles office.

    Cheers Richard
    richard at fhog.com.au
    http://www.fhog.com.au

    There is no such thing as a problem.
    Just a solution waiting to be found

    Richard Taylor | Australia's leading private lender

    Profile photo of WallFlowerWallFlower
    Member
    @wallflower
    Join Date: 2004
    Post Count: 205

    Thanks 007,
    so does the wrappee have to get a solicitor to do this for them ?

    WF

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    WF

    Usually they get their solicitor to put one on, but they could do so themselves. I was charged about $60 once to put a caveat on a property, so it is not so expensive.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    If it’s a one off, I would get a solicitor to do it.

    If it was going to happen more than once, I would still get the solicitor to do it first – and then for subsequent times just copy their wording etc.

    Cheers
    Mel

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