For so many of us, a home or any immovable property will be our biggest investment and when we make the decision to sell, typically we not only want to get the best possible price, but we also want the transaction to be processed as quickly and as smoothly as possible.

The unintended consequences of not having the Deed of Sale properly reviewed and checked by a property expert who can negotiate any property transactions before signing can have significant financial impact.

The process

So we know that an estate agent will market your property and secure a purchaser. Typically, the estate agent concludes the signing of the Deed of Sale and once this has been completed, conveyancing attorneys are then instructed to register the transfer into the purchaser’s name.  The use of a qualified attorney at this critical point is a must.

Once the Deed of Sale has been signed, it can be amended or altered only by mutual agreement between the parties. An amendment may be required to rectify inaccuracies or mistakes or clarify issues which were not contemplated when concluding the Deed of Sale, but which qualified attorneys are often able to anticipate. If the parties do not achieve consensus on amendment, the Seller or Purchaser may encounter unforeseen tax liabilities, logistical issues with moving out of current accommodation, or may be left with a lack of funds, necessitating bridging finance loans.

All property sellers and buyers should consult with an attorney before negotiating any property transactions, and certainly before signing a Deed of Sale. This is, after all, likely to be your most valuable asset.

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