Property transaction lawyers in Newcastle

We act on residential, investment and commercial property purchases and sales, from contract to settlement in NSW.
Business owner signing a contract of sale in Newcastle

A property transaction covers the full legal process of buying or selling real estate, whether a home, an investment, or a commercial property. We advise on and manage contract preparation and review, run due diligence, advise on stamp duty and tax, and manage the settlement process. We act for clients across Newcastle, the Hunter and NSW.

How we help

We protect your position at every stage of the deal. We:

  • Prepare or review the contract of sale and negotiate the terms.
  • Run due diligence and advise on what the searches reveal.
  • Advise on stamp duty, GST and capital gains tax, and any concessions.
  • Manage exchange, the pre-settlement period and electronic settlement through PEXA.

Why clients choose Mullane Lindsay

Our property work is led by Michael McGrath, with experience across residential, investment and commercial property. Backed by the firm since 1976, we understand the tax and duty implications of property deals and we coordinate the moving parts so settlement happens on time.

What stamp duty applies, and when?

Stamp duty (transfer duty) is a state tax, generally calculated on the greater of the price or the unencumbered value, and it must be paid on the earlier of settlement or three months after exchange. Concessions may apply for eligible first home buyers, and a surcharge applies to foreign purchasers. Company and trust acquisitions can attract additional duty considerations. We advise on what applies to your purchase.

What is a caveat?

A caveat is a notice lodged on a title that warns others of a claimed interest in the property and prevents dealings without the caveator’s consent or a court order. A buyer who has exchanged can lodge a caveat to protect their interest before settlement. A caveat found on a title during searches must be resolved before settlement, so it can cause delay. We advise on lodging, removing and responding to caveats.

FAQs

The process begins with a contract prepared by a solicitor, who runs due diligence and reviews the contract; then the exchange of contracts (when the deposit is paid, usually 10%); the arrangement of finance for the purchase; and the cooling-off period (five business days for residential). Prior to settlement, when the purchase is finalised, we manage the searches and electronic settlement through PEXA, where the price is paid and title transfers; and we advise on the post-settlement steps, including notifying authorities and paying stamp duty.

Most settlements now occur online through PEXA rather than with paper and bank cheques. Funds transfer electronically and title and mortgage documents lodge simultaneously at settlement, with faster registration. It involves PEXA fees and cybersecurity risks, so we always confirm bank account details with you through secure channels, never by email alone.

Duty is generally calculated on the greater of the price or value and must be paid by the earlier of settlement or three months after exchange. First home buyer concessions may apply, a foreign purchaser surcharge applies to foreign buyers, and exemptions exist in some cases (for example transfers between spouses or under family law orders).

A caveat is a notice of a claimed interest that blocks dealings with the title until it is removed or consented to. It is discovered during searches and must be resolved before settlement, or it can delay the transaction. A solicitor can advise on the steps needed, including how a purchaser can lodge a caveat after exchange to protect their interest until settlement.

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