Purchaser Next Steps

Amasha
May 11, 2024
Last updated October 11, 2025
4 min read
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Fulfilling your obligations

Fulfilling your obligations

  1. If there is a building and pest inspection condition on your contract, you must make necessary arrangements for these inspections to take place as soon as possible. The inspection reports can reveal details of the property which affects your decision of purchasing the property.
  2. You must also ensure that you apply for your mortgage as soon as possible if there is a subject to finance clause in the contract.
  3. If it is unlikely that your loan will be approved prior to the due date, you must let us know so that we are able to negotiate with the Vendor for a possible extension of the timeline.

Obtaining your Certificate of Currency

Obtaining your Certificate of Currency

(Building Insurance)

Your lender will request a certificate of currency or building insurance prior to unconditional approval of your loan.

You are able to browse some options for building insurance through the CANSTAR website. However, you should speak to your mortgage broker in order to obtain the insurance that is most suitable for you. Immediately upon receival of the certificate of currency (building insurance) you must send it to us.

Shortfall Account V Using Solicitor Trust fund

Shortfall Account V Using Solicitor Trust fund

What is a Shortfall account

A shortfall account is an account provided by a bank or your financial institution, that enables you to deposit any shortfall of funds between the amount of monies that the bank will provide to you and the amount of monies that is needed to settle your property purchase.

What is a Solicitor trust account

This is a bank account that allows us as your Solicitors to hold your money on trust for you. In the event that your bank does not provide you with a shortfall account you could deposit any shortfall of monies between the amount provided from your loan and amounts required to settle your property.

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You should make an inquiry with your Mortgage broker or bank if they will be providing you with a Shortfall account for you to deposit any shortfall of funds between the amount you will receive as your loan and amount needed to settle your property.

If your Mortgage broker and/or bank advice you that you will not be receiving a Shortfall account facility, you should write to us immediately as you will need to use our Solicitor Trust fund account to deposit the shortfall of funds for us to settle your property.

Section 27 of the Sale of Land Act (s27)

Section 27 of the Sale of Land Act (S27)

As the purchaser if you wish to refuse early release of the deposit, you must provide notice to the Vendor stating that:

  • You are not satisfied with the particulars; and

  • The reasons for not being satisfied.

S27 allows for early release of the deposit. Generally, the deposit that you pay is held in a trust account of a lawyer or real estate agent. S27 allows the Vendor to request that the purchaser release this deposit to the Vendor after the contract is unconditional.

The Vendor must show evidence that the balance of the purchase price payable by you to the Vendor, (without factoring in the deposit), is sufficient to discharge the Vendor’s mortgage on the house that you are purchasing. In the event we receive a S 27 request for releasing the deposit we will advice you on if it is prudent to sign the release or not.

Keith James

Keith James

Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.

Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.

  • LLB (Monash University, Australia)
  • Member (Law Institute of Victoria)
  • Member (Migration Institute of Australia)

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

Latest from Google

Daneesha Fonseka

Daneesha Fonseka

I had a great experience with Lavanya and Keith throughout the property purchasing process. They were professional, responsive, knowledgeable and thorough, keeping me informed at every stage and making what can be a stressful process feel smooth and straightforward. They were always happy to answer my questions, explain the details clearly and ensure everything was handled efficiently and with care. I really appreciated their attention to detail, reliability and commitment to making the entire process as seamless as possible. I would highly recommend their services to anyone looking for a trustworthy and professional conveyancer. Thank you for all your help and support!

in the last week

kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

a week ago

Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

a week ago

Janith Dissanayake

Janith Dissanayake

As an applicant, one of the most important things you need from your lawyer or migration agent is communication. You want to know what’s happening, what comes next, and that someone is actually there when you need them. Tamasha, Amasha, Keith, and the whole team at MJ were exceptional at this. From the very beginning to the end of the process, we never felt left in the dark. We always knew where things stood, what was needed from us, and what the next step was. They were honest, transparent, easy to reach, and always willing to explain things properly whenever we had a question. Our case wasn’t particularly complicated, but the way they handled everything still gave us a lot of confidence and peace of mind. We never felt like just another file, and you could tell the team genuinely cared about getting things right. If our case had been more complex, or if I ever had to go through this process again, there genuinely isn’t another firm I would want handling it. We’re incredibly grateful to the whole team at MJ, and I wouldn’t hesitate to recommend them to anyone going through the migration process.

2 weeks ago

S

Sarah Johnson

Excellent service from MJ Legal. They handled my visa application professionally and efficiently. Highly recommend their expertise in immigration matters.

2 weeks ago

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