We’ve compiled a list of the five most popular conveyancing articles of 2019 in South Australia.

Please feel free to share any of these links with friends and family who might soon be needing a conveyancer.

The mystery and misery of Moiety titles

Moiety Titles are one of the quirks of real estate in South Australia. You might be surprised to find out that some units or maisonettes can be set up as a Moiety Title and not under Strata or Community Titles.

Moiety titles are different to other titles, as they can mean that owners don’t actually buy the land but rather they can lease a share of the building and the right to dwell in it, along with access to common areas.

It looks like the popularity of this article has real staying power. In 2018 this was our second most popular article, and cemented itself as our most popular article in the past twelve months.

In fact, we’ve noticed such an enduring interest that we produced a quick summary video on the topic to help explain this type of title.

You can read the original article here: The mystery and misery of Moiety titles.

Deed of Assignment and Letters of Nomination and Agency: Revenue SA update by Brad Eckermann and/or nominee(s)

For decades, Revenue SA and its predecessors were pedantic whenever the Transferee on our Transfer was different from the Purchaser named on the Contract.

However a ruling back in 2015 meant that a complete 360 occurred on the issue, effectively removing the need for Real Estate agents to continue the practice of including “and/or Nominee(s)” after the Purchaser’s name on a contract when selling property in South Australia.

Originally published in 2015, we’ve now updated this article, which you can read here: Why contracts for sale of property don’t need to include “and/or nominee(s)”

Link to:  https://eckermanns.com.au/eckermann-conveyancers/why-contracts-for-sale-of-property-dont-need-to-include-and-or-nominees/

Transferring your house to your spouse: Insights from a conveyancer

Intriguingly, for a third consecutive year, this article from 2013 is right at the top of the reading statistics from the past 12 months.

Of course, relationships are central to life so it does make sense that there’d be continuing interest in this topic as couples come together or move apart.

Conveyancers play a role in this process for couples as they transfer all or part of the ownership of a matrimonial home between partners or former partners.

You can read this article here: Transferring your house to your spouse: Insights from a conveyancer.

Don’t sink your house sale in swimming pool safety certification

If you are selling a house with a swimming pool or spa on your property, you have an obligation to ensure it meets safety standards upon the sale of the property.

A certificate of compliance ready at the time of settlement is all that might stand between the Vendor and a fine of up to $15,000.  However, just like personal flotation devices, not all certifiers are the same, with some having the potential to sink your sale.

Only registered private certifiers who possess the appropriate qualifications, experience and professional indemnity insurance to perform safety certification should be trusted with this task – as unsound certificates can put a settlement at risk.

To read the original article:


Don’t get in hot water over cooling off on a property

Cooling off provisions provide a valuable safety net in real estate transactions. However, like all elements of contract law, there are some property transactions where cooling off provisions do NOT apply.

There are also specific ways to exercise your cooling off rights under South Australian law, all which are discussed in the article.

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