Why Legal Advice is Essential When Buying Your First Home
Jenny Tonner kicks off by explaining why first home buyers must get legal advice before signing any contract. Property transactions involve legally binding agreements with specific obligations for both buyers and sellers. Without professional review, you may unknowingly agree to terms that could lead to financial penalties or even losing your deposit. Jenny shares real examples where buyers were caught off guard by settlement clauses or undisclosed obligations, highlighting why legal guidance should be secured before committing to a property.
Understanding What's (and What's Not) in a Property Contract
Not everything about a property is disclosed upfront, and contracts vary by state. In New South Wales, for example, sellers must attach documents like title searches, compliance certificates, and sewer diagrams, but the contract won't cover the property's condition. Jenny reveals which details buyers must investigate themselves—such as renovations or structural changes—and how asking the right questions can prevent future disputes or financial losses.
The Difference Between States: Legal Variations You Need to Know
One of the episode's key takeaways is how property laws and vendor disclosure rules differ across Australia. While New South Wales has relatively high disclosure requirements, states like Queensland place most of the responsibility on buyers. Jenny explains how these variations impact the contract review process, what buyers need to look out for, and why a one-size-fits-all approach doesn't work when it comes to property legalities.
Lawyers vs. Conveyancers: Who Should You Hire?
Many first home buyers are confused about whether to engage a lawyer or a conveyancer. Jenny clarifies the difference: conveyancers are specialists in property law, while lawyers have broader but less specialised expertise. She also warns that not all lawyers are property experts, which means a good conveyancer can often provide better, more focused advice. The episode discusses when you might need a lawyer, and when a skilled conveyancer is the better option.
The Dangers of Cut-Price Conveyancing
Cut-price conveyancing firms may seem appealing, but as Jenny explains, they often lack the time, care, and expertise needed for thorough contract reviews. These firms rely on automated responses, fail to meet critical deadlines, and can leave buyers exposed to risks like default interest or losing deposits. Veronica and Meighan stress that the cheapest option is rarely the safest when dealing with your largest financial investment.
Off-the-Plan Contracts and Hidden Risks
Buying off-the-plan can feel like an exciting opportunity, but it comes with unique risks. Jenny delves into issues such as sunset clauses, defects, and the uncertainty around what will actually be delivered. She explains how developers sometimes use contract conditions to their advantage, and why buyers must have these contracts reviewed by a legal expert before signing. The episode also highlights the potential opportunity costs of waiting years for a property to be built instead of buying an established home.
Cooling-Off Periods and Why They're Misunderstood
In New South Wales, the cooling-off period gives buyers a five-day window to finalise due diligence, but many misunderstand its limitations. Jenny discusses the penalties for withdrawing during this period and why contracts should be reviewed before signing, not after. She also contrasts the differences between states like Queensland, where conditional contracts (subject to finance or inspections) are more common.
Avoiding Gazumping and Securing Your Purchase
Gazumping—where another buyer outbids you after your offer has been accepted—is legal in many states, but it's preventable. Jenny explains how cooling-off legislation was designed to combat gazumping, and how you can use contracts effectively to secure your property. Veronica and Meighan also share tips on understanding market conditions, which play a big role in how much negotiating power you have as a buyer.
The Importance of Pre-Approval Before Signing a Contract
Many buyers make the mistake of falling in love with a property before getting their finance in order. Jenny stresses that pre-approval from your lender is essential before engaging a conveyancer or signing any legal document. With lending criteria becoming more stringent, a lack of pre-approval can cost you your dream property—or worse, your deposit.
Inclusions, Exclusions, and Final Inspections
Contracts often overlook small but important details like appliances, fixtures, or fittings. Jenny shares horror stories where buyers discovered missing dishwashers, removed light fittings, or unexpected damages at the final inspection because these weren't properly documented. She emphasises the importance of reviewing inclusions lists thoroughly to avoid costly surprises.
Pest, Building, and Strata Reports: Why They're Non-Negotiable
Skipping pest and building inspections might save a few hundred dollars upfront, but it can cost thousands later. Jenny explains why pre-purchase reports are vital, particularly for older homes or strata properties where hidden defects or special levies can become major financial burdens after purchase. A $60,000 special levy example discussed in the episode underscores why these checks are crucial.
Asking the Right Questions: The Key to Avoiding Legal Pitfalls
A recurring theme throughout this episode is that first home buyers often don't know what they don't know. From renovations to by-laws in strata complexes, the right questions can make the difference between a smooth purchase and a costly mistake. Jenny and the hosts provide examples of the kinds of questions your conveyancer should be asking on your behalf.
Real-Life Stories and Lessons Learned
The episode is filled with real-world stories—from buyers caught in expensive off-the-plan traps to those hit with unexpected levies—offering powerful lessons for anyone entering the property market. These anecdotes highlight the value of having the right team of experts, including a conveyancer who will go the extra mile.
Why Experience and Attention to Detail Matter
Jenny's approach is a stark contrast to many low-cost providers. She reviews advertising materials, questions every unusual aspect of the property, and ensures buyers understand every term of the contract. This level of attention is what first home buyers should seek to protect their interests.
Final Advice from the Experts
The biggest takeaway from this episode? Never sign a contract without having it reviewed by an experienced property professional. Whether you're buying an established property or something off the plan, having the right legal advice can save you from financial stress, legal disputes, and unexpected costs.
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Veronica Morgan & Meighan Wells
Veronica & Meighan are both licensed real estate agents who exclusively help buyers. Together they have nearly 40 years experience as property professionals.
Veronica is principal of Sydney based Good Deeds Property Buyers and is also co-host of The Elephant in the Room property podcast as well as Location Location Location Australia on Foxtel and author of Auction Ready: how to buy property at auction even though you're scared s#!tless!
Meighan is the multi award winning principal of Brisbane based Property Pursuit, chairperson of the REIQ Buyers Agent Chapter & a regular media commentator.