Review Before Signing: Lawyers And Property Contracts

June 28, 2023
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There are times you’ll find yourself standing on the precipice of a significant decision, contract in hand, pen poised to sign. But amidst the excitement and anticipation, one question always looms: do you truly understand what you’re about to sign? Enter the conveyancing lawyer, your trusted advocate in the often-convoluted world of contract agreements. They offer a crucial set of skills that can help protect your interests and ensure you’re making informed decisions.

Decoding The Jargon: Understanding Your Contract’s Complex Language

Legal jargon can often feel like a foreign language, particularly for those unfamiliar with its intricacies. Here, a conveyancing lawyer plays the role of translator, converting intricate legal terms into plain, comprehensible language. Some examples of this include:


“Encumbrance” – An encumbrance refers to a claim or liability that is attached to a property, which can limit its use or transfer. Examples of encumbrances can include mortgages, liens, easements, or restrictive covenants. These are typically listed in the contract of sale and can have a significant impact on the property value and the buyer’s rights. Therefore, having a conveyancing lawyer to interpret and manage these encumbrances is crucial for any property transaction.


“Caveat” – A caveat, in property law, is a notice or warning lodged by someone who has an interest in a particular property, preventing the property from being sold or transferred without their knowledge or consent. This is often used when a third party has a claim to the property that may not be immediately clear in the title. When dealing with property transactions that have a caveat in place, a conveyancing lawyer’s expertise is essential to ensure that all legal rights are considered and protected.

Avoiding Pitfalls: How A Lawyer Protects Your Interests

Contracts can be fraught with potential legal and financial traps. A conveyancing lawyer is your safety net, scrutinising every detail to identify potential pitfalls, such as:



  • Unfair clauses that may place you at a disadvantage
  • Hidden costs or charges that aren't clearly explained
  • Risks and liabilities that aren't explicitly stated

The Underrated Importance of Due Diligence

Conducting thorough due diligence is a crucial step before signing any contract. A conveyancing lawyer performs comprehensive checks to:



  • Confirm the legitimacy of the other party
  • Validate the details of the contract
  • Assess any potential risks involved

Why Every Clause Matters: A Deep Dive Into Contract Specifications

Seemingly minor clauses in a contract can have major implications. A conveyancing lawyer identifies these issues and ensures they are addressed appropriately. For example:



  • "Cooling-off period" clauses can provide an opportunity for you to change your mind after signing a contract.
  • "Force majeure" clauses protect you from unforeseen circumstances that prevent you from fulfilling the contract.

Is Skipping A Lawyer Worth The Risk? Assessing Potential Downfalls

Not engaging a lawyer can lead to significant risks, such as:



  • Signing contracts that contain unfair or exploitative terms
  • Legal disputes due to misunderstood obligations
  • Financial loss due to overlooked costs or fees

Navigating Property Transfers: The Conveyancing Lawyer’s Role On The Central Coast

On the Central Coast, property transfers are a common occurrence, given the area’s attractive real estate market. Here, a conveyancing lawyer ensures smooth transactions by:


  • Handling necessary paperwork and legal documentation
  • Liaising with all parties involved
  • Ensuring all local regulations and laws are adhered to



At Linda Emery & Associates it’s been our privilege to help the Central Coast community understand and navigate contract agreements. The legal landscape can be challenging, but with professional assistance, you don’t need to navigate it alone. Don’t hesitate to get in touch via our contact page, or give us a call for more information or to book a consultation. We’re here to ensure your interests are protected and your decisions well-informed. Let us guide you through your next contract with confidence.

A Woman Wearing a Necklace and Earrings Is Smiling in A Black and White Photo — Linda Emery & Associates In Gosford, NSW

Linda Emery

Linda Emery has been a local Central Coast resident for 37 years owning and operating her own Law Firm on the Central Coast since 1990. Linda is committed to supporting local businesses & Central Coast residents. Linda is a member of the NSW Law Society, Central Coast Law Society, PEXA (the electronic conveyancing platform) and the Australian Institute of Conveyancers. Linda undertakes work in Family Law, Conveyancing, Estates, Criminal Law and Court Appearances. Linda welcomes all new clients.

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