At Sapphire Legal, we would love to help you with the purchase or sale of your home or investment property.
Whether you need help with checking the terms of a contract of sale before you sign or assistance in overseeing the sale of your property, we can assist you in all aspects involved.
We offer reasonable rates for all types of conveyancing without sacrificing quality or service. At Sapphire Legal, we take the time to ensure that you understand the processes involved and will not treat you like a number. We are a member of PEXA which is an Australia wide electronic platform for conveyancing transactions.
Fees and charges
When it comes to conveyancing, fees can vary widely between law firms and conveyancers. So also, can the type of service you receive. There are many costs however that are set by search bodies or government and these will be the same regardless of who does your conveyancing. For this reason, it is important that when you compare prices with other law firms, you only compare the lawyers professional fees.
Pre-Contractual Legal Advice – Fees
If you engage Sapphire Legal for advice before you sign a contract that requires no more than 1 hour of a lawyer’s time, we charge a fee of $270 (including gst).
If you require more than 1 hour and assistance in negotiating changes to the contract terms, we charge a fee of $350 (including gst).
Residential Conveyancing – Fees
When you engage Sapphire Legal, you know that experienced people are looking after your matter. Our fees may be slightly more than others because we will not sacrifice service. At Sapphire Legal, our clients are not “just a number”. We will ensure that you know what is happening every step of the way.
Sale of House, Land or Unit
Professional Fee $880 (incl. gst)
Preparation of Contract of Sale $400 (incl gst)
Plus search and agent fees
Purchase of House or Unit
Stamp duty will apply.
Professional fees $990 (incl. gst)
Plus search and agents fees
Purchase – off the plan
Stamp duty may apply
Professional fees $1,100 (incl. gst)
Plus search and agents fees
Depending on the property, the types of searches we carry out and recommend may vary. These searches attract fees which are set by the relevant authority and are in addition to our professional fees.
Admin fee – is a fee which partly covers the vast amount of stationary, photocopying, general post, printing and scanning which is involved in a conveyance. We charge a set Admin fee of $55.00.
Agent fees – these are fees charged by agents who are engaged through the conveyancing process. For example, if both parties use PEXA, the PEXA agency fee is an additional $117.92 (incl gst).
Bank fees – banks pass on government registration fees which are extra and unavoidable.
For service you can trust, please contact Gayle.
Can I do my own power of attorney in NSW?If you'd like Sapphire Legal to make your Power of Attorney document, you can begin the process, online. After you've filled out and submitted the online form, we’ll contact you, and arrange a time to finalise the documentation.
Does my attorney override my will?No. Your attorney can not change an existing will, or give instructions to make a will on your behalf. Therefore it is so important that you prepare your Last Will and Testament whilst you still have mental capacity to do so. Once done, you can include a condition in your power of attorney that requires your attorney to acquaint themselves with your Will and Testament and request that, to the extent practicable, they do not make any decisions that may cause a gift under your will to fail.
What is the difference between power of attorney and Enduring Power of Attorney in NSW?A General Power of Attorney can no longer be used once a person loses capacity such that they are unable to make decisions or act on their own. This is where an Enduring Power of Attorney comes in. An Enduring Power of Attorney can be used when a person has 'lost capacity’ but this document must be prepared before the appointer loses capacity.
Can I revoke a power of attorney?Your power of attorney appoints one or more individuals to have the authority to make financial and legal decisions on your behalf. Your attorney can continue to act until they are made aware of the termination of their appointment. To do this, you revocation must be in writing, signed by you and witnessed. If you have an enduring power of attorney, it continues once you lose capacity which is why it is important that in the event you wish to revoke this document, you do so whilst you still have mental capacity otherwise this opportunity will be lost. If you have registered your Power of Attorney with NSW Land Registry Services, you must also register the revocation with the Registry.
Can a power of attorney still be made after I lose capacity?Unfortunately, no. Once a person has lost their mental capacity, they will lose their ability to instruct a solicitor to prepare legal documents on their behalf. If you are a resident of NSW, your family or loved ones will need to apply to the NSW Civil and Administrative Tribunal (NCAT) to apply for a guardianship order. This can be stressful and time-consuming. NCAT will then decide whether or not the person who is applying should be allowed to manage your affairs. There is no guarantee that they will agree and may make an order appointing someone else including the NSW Public Trustee & Guardian.
Who should I appoint as my Attorney?Generally speaking, while it is good to include your spouse or siblings, consider the fact that they may not be around or have the mental capacity themselves to manage your financial affairs. You need to ensure that whomever you appoint, you trust that they will act in your best interests. Ideally, wherever possible, you should appoint two attorney’s and a substitute attorney should one or both of your primary attorneys be unable or unwilling to act.
Do I need to register a power of attorney in NSW?If your power of attorney will require your attorney to deal with property, yes, it must be registered with NSW Lands and Titles Office.
Can someone with power of attorney withdraw money?Yes. A power of attorney is a legal document that allows you to appoint a person or people (your attorney’s) to manage your financial and legal affairs. This means withdrawing and depositing money in your bank accounts and any income you receive. If you appoint more than one attorney to act jointly and severally, you can include a condition such that any withdrawals above a certain amount requires your attorneys to act jointly.
What are the disadvantages of power of attorney?One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
Is it worth having power of attorney?Indeed, a power of attorney forms a vital part of your estate preparation along with your Will and Testament and Enduring Guardianship. Unlike a Will however which only comes into effect once you die, your enduring power of attorney and enduring guardianship are effective whilst you are still alive but have lost mental capacity to take care of your own financial, legal and lifestyle/health decisions. Once you lose capacity however, you also lose your ability to instruct a solicitor to prepare your documents which is why it is so important to do this whilst you still have the mental capacity to do so.