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At Diamond Legal and Conveyancing, we understand that every client is unique. That’s why we offer tailored legal solutions designed to meet your specific needs.

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Menka Sethi

Principal Director | Licensed Conveyancer

Menka Sethi is the Principal and Director of Diamond Legal and Conveyancing and holds more than 10 years of experience in law and Practice. She has spent the early stages of her career working in Sydney before founding Diamond Legal And Conveyancing.

After her stint working in large corporate law firms and international banks, she started Diamond Legal and Conveyancing to build a business that would pride itself on creating meaningful engagement with its clients and be aligned with excellence.

Purchasing a home is such an exciting time in people’s lives, and being part of that experience, relieving the associated stress and pressures that come along with it, to ensuring it is positive for people, underpins the values and ethos Menka has woven into the fabric of Diamond Legal and Conveyancing.

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5 star rating
I had a great experience with Diamond Legal and Conveyancing. Menka made the purchase process very easy from start to finish. Menka was very thorough assisting me with the due diligence process at the beginning, negotiating with the selling party, and guiding me through the process until settlement. Menka’s communication was always prompt and honest. I would highly recommend Menka’s services!

Frequently Asked Questions

In legal terms, conveyancing is the process of transferring the title of a property from one person to another, following the sale of a property. A conveyancer is there to ensure you meet all of the legal obligations required as part of that process, as a buyer or seller. At Diamond Legal and Conveyancing, we know this process can seem complicated, and there are a lot of questions, but we pride ourselves on being aligned for excellence and making the process as smooth as possible.

Yes. A conveyancer (or a solicitor) undertakes the steps required to ensure you have met all of your legal obligations when buying or selling a home. While it may have been possible for a non-qualified individual to ‘do their own Conveyancing’ in the past, changes to the electronic settlement laws now mean it is essentially impossible not to involve a conveyancer or solicitor in your transaction. But don’t worry you’re in good trusted hands with us and we look after your needs well.

We recommend choosing a conveyancer before you start viewing homes. Once you find your dream home, you will want to move quickly. Having an idea of the conveyancer you want to use ahead of time will put your mind at ease when you need a contract reviewed on a property you’re interested in. 

However, don’t be concerned if you haven’t engaged us early. We understand that buying or selling a house doesn’t work on a nine-to-five schedule, and neither do we. We are available to support you in your purchase or sale whenever you need us, no matter the day or time

We recommend you engage us when you have engaged a real estate agent to sell your home. We can draft your contract of sale for the property and also work with you through to settlement to ensure you have met all of your legal obligations.

Yes we can. 

We understand that buying or selling a house doesn’t work on a nine-to-five schedule, and neither do we. We are available to support you in your purchase or sale whenever you need us.

When buying a property, it’s important to buy the property in the correct name, as it can have a significant impact on both taxation and estate planning. Changing it later is difficult and may have unwanted tax implications.

  • Personal ownership simply means that you own the property in your own name. If the property is an investment vehicle, you can claim any losses against your personal income under negative gearing laws.
  • Joint tenants is one way of buying a property with another person. This structure means you both own the property “jointly and severally” and ownership and tax claims are shared equally. If one person dies, the property is automatically wholly owned by the survivor, with no need to transfer title.
  • Tenants in common is another way of buying property as a couple. This structure allows the parties to determine fixed ownership shares, which could be 50:50, 1:99 or anywhere in between. Each party can deal with their share as they see fit, and their share of the property will go into their estate to be distributed on their death according to the terms of their Will.
  • Company and trust ownership are ownership structures that are sometimes considered by high-income or high-net-worth clients. These can help to protect your assets and deliver tax advantages.

Exchange/Contract date: the date when the buyer and seller exchange signed contracts, deposits are paid and the agreement becomes binding. Before the exchange, the seller can continue to negotiate with other prospective buyers.

Cooling off period: a cooling off period is the period of time during which the buyer can change their mind and pull out of the contract without having to provide a reason. In NSW, this period is five business days after the exchange of contracts.

If the buyer chooses to exercise their cooling-off rights and withdraw from the contract, the Purchaser will forfeit from their deposit 0.25% of the total purchase price.

A cooling-off period does not apply on properties purchased at auction, or where contracts are exchanged on the same day as the auction after it was passed in.

Settlement date: the date on which ownership of the property is transferred as set out in the contract.

Stamp duty is a tax payable by the buyer to the state government when the ownership of land transfers. The amount is calculated as a percentage of the purchase price, and varies depending on whether the property is to be lived in by the buyer, or bought as an investment property. Concessions are available to first home buyers under certain eligibility rules.

Exchange occurs when the buyer and seller exchange signed contracts. This legally completes the process of sale, and the agreement becomes binding. At the time of exchange, the buyer will be required to pay a deposit.

Settlement is the date on which the title is transferred from seller to buyer. The buyer’s lawyer or conveyancer will meet with the seller’s lawyer or conveyancer and representatives from the buyer’s and seller’s banks. The remainder of the sale price must be paid, documents for title property are transferred and the buyer becomes the legal owner of the property.

Buying ‘off the plan’ means buying a property that is yet to be built. This means you are paying for a property where the end product, completion date and value on completion are uncertain, so there are risks involved.

It is important to review the contract of sale carefully to ensure you know exactly what you are buying and the terms in the event of cancellation, substitution of fittings, and/or defects. The contract should include things like the floor plan, strata plan, schedule of finishes, home owners warranty insurance and an occupation certificate from the local council.

The contract should also include a Sunset Date, which is the date by which the developer must complete the terms of the contract. You may be able to rescind the contract and receive a refund of the deposit if the developer is unable to meet the sunset date.

On signing of the contract, you will be required to pay a deposit, usually 10-15%. The remainder is due on settlement, which depending on the stage of development could be months or years in the future.

In NSW investors are required to pay stamp duty upfront on off-the-plan properties, while owner occupiers can delay payment by up to 12 months.

The main thing to know about buying at auction, as opposed to by private treaty, is that there is no cooling-off period. You have to settle on a property purchased at auction even if it doesn’t pass building or pest inspections, you change your mind or you’re unable to obtain finance.

If buying at auction you need to be prepared. Finance should be pre-approved. Arrange inspections, conduct a title search and get a property valuation before the auction. Get a copy of the contract and obtain advice from a lawyer or solicitor.

Yes. In NSW a residential property cannot be put on the market until a contract of sale has been drawn up. If you are interested in a property, ask for a copy of the contract as soon as possible.

Get your lawyer or conveyancer to review the contract and ensure it aligns with your understanding. If you wish to change any part of the contract, your lawyer or conveyancer can do this on your behalf. The seller must then agree to requested changes before contracts are exchanged.

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