Nominations/Caveats
Nominations & Caveats in Property Transactions
Property transactions sometimes involve more complex legal arrangements, including nomination of purchasers or the registration of a caveat on title. At Easy Home Conveyancing, we provide professional guidance to ensure these matters are handled correctly, legally, and without unnecessary risk.
Understanding nominations and caveats is essential, as mistakes can lead to legal disputes, financial penalties, or delays in settlement.
What Is a Nomination?
A nomination occurs when the original purchaser listed on a Contract of Sale transfers their purchasing rights to another party before settlement.
This commonly happens when:
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Buying through a trust or company
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Purchasing on behalf of a family member
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Restructuring ownership before settlement
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Investment property purchases
Important Considerations
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The contract must allow for nomination
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There may be stamp duty implications
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Certain legal documentation must be completed correctly
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The original purchaser may remain liable under the contract
We carefully review the contract conditions and prepare the necessary documentation to ensure the nomination is valid and compliant.
🔒 What Is a Caveat?
A caveat is a legal notice lodged on a property title to protect a person’s interest in that property. It prevents the property from being sold, transferred, or refinanced without the caveator’s consent.
Caveats are commonly used in situations such as:
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Protecting a financial interest in a property
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Securing loan arrangements between private parties
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Disputes over property ownership
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Family law or business-related property matters
Benefits for Lodging a Purchaser's Caveat
Many benefits come with lodging a caveat on a property. First, it can safeguard your legal interests and rights in the property. By lodging one, you can prevent any unexpected or unauthorised transactions from taking place without your knowledge or consent. (e.g., selling to another party or securing additional loans). Lodging a caveat is also beneficial when multiple parties seek to claim an interest in the same property. By lodging your caveat first, you can help establish the priority of your claim, putting you in a stronger legal position if a dispute arises.
Why Professional Assistance Is Important
Incorrectly lodging a caveat or improperly nominating a purchaser can lead to:
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Legal disputes
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Financial penalties
- Settlement delays
- Rejection of documentation by Land Titles Office
Nominations & Caveats Services FAQs
A nomination allows the purchaser named in a Contract of Sale to transfer their purchasing rights to another party before settlement, subject to contract conditions.
We assist:
Property buyers and investors
Developers and business owners
Family property arrangements
Private lenders and borrowers
Whether you require nomination documentation or need to lodge or remove a caveat, we provide clear, structured, and professional support.
Yes, if the contract permits nomination. However, legal and stamp duty implications must be carefully considered.
Not always. Stamp duty may still apply depending on the structure of the transaction and the nominated party.
A Section 32 is a legal document provided by the seller outlining important information about the property, including title details, zoning, and services. We review this carefully to protect buyers.
A caveat places a legal notice on the property title to protect a person’s legal or financial interest.
A caveat remains until it is removed by consent, withdrawn, or legally challenged and discharged.
Yes. If a caveat is improperly lodged or not resolved, it may delay settlement.
Easy Home Conveyancing is a trusted and client-focused conveyancing service dedicated to making property transactions simple, transparent, and stress-free.
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Mobile: 0412850551
info@easyhomeconveyancing.com.au
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