6
BRIESE LAWYERS
COPING AT CHRISTMAS
CONVEYANCING EDIT ION
WWW .BR IESELAWYERS .COM .AU
BRIESE LAWYERSTelephone: 07 4638 4833
20 19
© Copyright 2019
What do I need to know?Under the standard Contract terms, any dates that fall due on a day
that is not a "Business Day" will become due on the next Business
Day. The Contract specifically states that 27 December 2019 - 31
December 2019 are not Business Days (Christmas Closure Period).
Therefore, if you have a condition (whether it is finance, building
and pest or settlement) that is due during the Christmas Closure
Period, that condition will not be due until 2020.
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What does this mean for 2019?In 2019, this means that the last Business Day will be Tuesday, 24
December 2019. The next Business Day after Christmas will be
Thursday, 2 January 2020, meaning that no Contractual conditions
can be dealt with during the full week from Christmas until after
New Years.
IMPORTANT TO NOTE:The Cooling off period is a statutory condition not a contractual
condition so it is not governed by the Standard Contract Terms and
the definition of "Business Day".
This means if you sign a Contract any day between 19 December
2019 & 23 December 2019, your 5 business day Cooling Off period
WILL fall within the Christmas Closure Period. If you are thinking
about signing a Contract in the last week of 2019, but are not 100%
sure about the Property or the Contract terms, it may be worth
delaying signing until 2020.
2019Coping at Christmas - Conveyancing Edition
Navigating the Silly Season
© Copyright 2019
IF YOU'RE IN THE MARKET TO BUY
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If you are in the market to buy - contact your bank to obtain pre-approval for
your finance. This way you will have a better idea of what properties to look for,
because you won't be wasting your time looking for something outside of your
price range. (Please note that pre-approval is indicative only and is not a
guarantee of how much you can borrow).
If you require a building and pest inspection - contact your inspector to ascertain
their availability during the Christmas Period to complete an inspection and
provide you with an inspection report within the required time frame.
If you are selling - contact your bank to complete your discharge/refinance
authority and provide any documentation they require in order to process your
Release of Mortgage. It may be necessary to have your file escalated to be ready
in time for Settlement. Your Personal Banker will be able to assist you with this.
If you are thinking of signing a Contract during late November - bear in mind
that any attempt to settle before Christmas could give a Buyer less than 30 days
to be ready to settle. Although it may be tempting to "give it a go" and try to
settle before Christmas, ultimately if you are not ready to settle by the due date,
you will need to agree to an extension. If the parties cannot agree to an
extension, you may be in default under the Contract, this could result in
significant financial penalties.
It is important that if - at this late stage, you do not realistically think you can
settle the contract before Christmas, you contact our conveyancing team to
discuss the risks of attempting to do so.
2019Coping at Christmas - Conveyancing
EditionNavigating the Silly Season
© Copyright 2019
Hints & TipsContracts can still be signed
during the Christmas Closure
Period, provided that all relevant
parties are available.
Check with your specific Bank,
Real Estate Agent, Broker, if they
will be available over the
Christmas Closure Period and ask
who you can contact directly.
2019Coping at Christmas - Conveyancing Edition
Navigating the Silly Season
If you need to book Building
and Pest Inspections,
removalists or cleaners, we
suggest you action this ASAP
as everyone is busier at this
time of year.
If it is possible, we recommend that
parties agree for contract dates to
fall a couple of days into the new
year, and not the first day back. That
way there is a better chance that all
relevant parties will be back from
the break.
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© Copyright 2019
Can we contact Briese Lawyers duringthe Christmas Break?
Briese Lawyers will be closed for the
Christmas Break from Friday , 20 December
2019 at 5:00pm and will reopen from 8:30am
on Monday, 6 January 2020.
However, during the Christmas
Break you can contact our
Conveyancing Manager,
Johnathon Althaus
on 0439 909 372 or by email to
for conveyancing matters.
Please note that telephone calls will only be answered
during business hours - 8:30am - 5:00pm on the
following days:
Monday, 23 December 2019 Tuesday, 24 December 2019Monday, 30 December 2019 Tuesday, 31 December 2019
Thursday, 2 January 2020Friday, 3 January 2020
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2019Coping at Christmas - Conveyancing Edition
Navigating the Silly Season © Copyright 2019
This booklet is designed to provide information, not legal advice. Please note the people used in
this booklet are fictional. Please ensure you obtain legal advice as the law applies to individual
situations in many different ways. Liability limited by a scheme approved by a scheme approved
under Professional Standards Legislation. Copyright 2019 - Briese Lawyers
303 MARGARET STREETTOOWOOMBA, QLD, 4350
PHONE: 07 4638 4833
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www.brieselawyers.com.au
© Copyright 2019
