How long does property settlement take? (2024)

While property settlement can vary in length, there are things you can do to make the process quicker.

How long does property settlement take? (1)

When purchasing a home, the settlement process is the last hurdle before your homeownership dreams become reality. The buyer settles the payment of the contract and legally takes possession of the property.

The settlement period begins from the day the contract of sale is signed by both parties, and the length of the settlement is already indicated in one of the clauses stated in the contract.The length of the property settlement is mutually agreed upon by the seller and the buyer – this means that how long it would take can be negotiated.

That said, the length of the settlement period typically lasts between 30 and 90 days. The most common time period for settlements in different states is 60 days, except in New South Wales where it is 42 days.

What is involved in property settlements?

During the settlement period, you will have the time to do some of the finishing touches that will complete the property transaction.Some of the things you will have to do during the period are the following:

  • Conduct a final inspection of the property

  • Check and sign the transfer of documents

  • Insure the property

  • Adjust your water and sewer charges

  • Check on your local council rates

You can always check in with a conveyancer to help you tick all the boxes prior to the settlement day to prevent any issues that can cause delays.

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Should you keep the settlement long or short?

The goal of having several weeks for the settlement period is for you and the seller to conduct the required processes to conclude the home purchase.

For most buyers, the time it takes to get their mortgage approved should be taken into consideration.

In typical situations, lenders require two to three weeks to provide you with the approval for your loan.

Once you have a lender's approval, it will take some time to receive and sign all loan documents and have them sent back to the bank for final review. Any missing information or casual error can delay the process for a few days up to a week.

If you are looking to make a more complex transaction — like buying off-the-plan — it would be wise to negotiate for a longer settlement period due to the additional requirements you have to take care of.

Generally, the rule of thumb is to keep the time period tight but allow a little bit of legroom in case of any unforeseen circ*mstances. Typically, a 60-day settlement period is long enough to accommodate most buyers' needs.

Choosing the best time

Before agreeing to a specified date for the commencement of the settlement period, you have to make sure that you have already inspected the property inside and out and that you do not miss anything that might be an eventual concern.

You can read more about this in our detailed breakdown of settlement day, but know that you will definitely want to check the following things: appliances like the heating and cooling systems, the hot water system, walls, light fittings, window and floor coverings, locks, keys, and automatic garage door controls.

The goal here is to make sure that the property is in the very same condition it was in when it was sold to you.

Once you've completed your final property inspection, you can now either agree to the settlement date proposed or suggest a time that works better for you.

You should bear in mind that once the contract is signed, you will not necessarily be able to negotiate another settlement date very easily. While you can ask the other party for a time extension or a change of date, the seller has every right to ignore your request. This applies to private transactions and purchases through auctions.

Carefully find a common ground between you and your seller to ensure the ease and convenience of the settlement process.

Tips to make the settlement process smoother

There are several things you are highly encouraged to do before the settlement process begins. When done properly and timely, these things will be able to help you go through the settlement process with your mind at ease.

  • Secure insurance for the property. Insurance will protect you should anything happen to the property during the settlement period.

  • Check with your conveyancer that all the measurements and boundaries match what is stated in the Certificate of Title. If anything puts you in doubt, raise the matter with your agent and the seller as soon as possible.

  • Do a title search to make sure what you are buying is legitimate.

  • Be thorough and accurate in filling out documents, cheques, and other files is of the utmost importance in transactions like this.

  • See to it that every document has the correct spelling and is organized. A misspelled name on the cheque, for example, can delay the settlement process.

  • Get your pockets ready. You need to understand the fees surrounding the sale of the property. For instance, you have to be aware that you will be accountable for paying for the land transfer duty.

Once you reach the final day of the process, you will be able to receive the keys to your new home and start another chapter in your life.

Collections: Home Loans

How long does property settlement take? (2024)

FAQs

What is the longest a settlement can take? ›

Some settle within 3 months while others can take several years. In some cases, a settlement is not achieved and a personal injury lawsuit goes to trial.

How long does it take to reach a settlement? ›

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How long do most divorces take? ›

HOW LONG DOES THE AVERAGE DIVORCE CASE TAKE? Divorce cases that go to trial take an average of 17.6 months to resolve, but spouses who settle their issues can have their uncontested divorce final in about 1–3 Months. Letting a judge resolve divorce issues doesn't make unhappy spouses happier former spouses.

How is the house split in a divorce? ›

In general, after a divorce, a judge would order that you: Keep your separate property. Divide your community property equally.

Why is my settlement taking so long? ›

The duration of an accident settlement can vary depending on legal complexities, factual issues concerning your accident, the number of involved parties, or disputes regarding your claim, such as who is liable or how much money you should receive.

Why is my settlement check taking so long? ›

Factors such as the complexity of the case, negotiation processes, and administrative procedures can impact the timing of the settlement check. It's essential to note that while the general range is 3 to 6 weeks, the specific duration can be shorter or longer based on the unique details of your situation.

How is settlement money transferred? ›

The money will be deposited into a trust or escrow account by the plaintiff's attorney. The attorney will manage the distribution of settlement funds, paying any debts owed, deducting legal fees and expenses and finally sending the remaining balance to the plaintiff. This process can take a few weeks to complete.

What happens after you agree to a settlement? ›

Once both parties sign a settlement agreement and it is legally binding, the paperwork will go to whoever is responsible for compensating the victim's damages—usually the at-fault party's insurance company. They have time to review the agreement and approve the payout—or disbursem*nt of funds.

What is the usual result of a settlement? ›

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

Who gets over a divorce faster? ›

The Psychology Today article suggests that divorce may be harder on men because they have developed an emotional dependence on their spouse, while women tend to maintain a network of emotional support, which serves them during the difficult transition of going through a divorce and living with the aftermath.

What year do most divorces happen? ›

Most divorces happen between year three and year seven of marriage. Just 4% of couples divorce after 10 years of marriage.

What is the fastest time you can get a divorce? ›

A divorce that is no-fault and uncontested will be the fastest way to get divorced because you're agreeing with your spouse about everything. Depending on your state, your divorce could take from one to several months.

Can my wife get my 401K in a divorce? ›

Dividing 401(k) & Retirement Plans in California

This state community property rule means that the non-participating spouse shall receive 50% of the retirement plan value accumulated during the marriage.

Does the wife always get the house in a divorce? ›

In community property states like California, marital assets and debts are typically split 50/50 between the spouses, unless they decide on a different arrangement.

Does my husband have to pay the bills until we are divorced? ›

Until the divorce is officially finalized, both spouses may still have shared financial obligations, but temporary agreements or court orders may determine the specific financial arrangements.

What is the longest part of a lawsuit? ›

Discovery. Discovery is the evidence phase of litigation. This is the longest part of the lawsuit. Each party will go back and forth trying to figure out what the other party knows and can prove.

How long does compensation take to pay out? ›

It takes between two weeks and a month for compensation to be paid if your claim is settled in your favour.

How long do settlement negotiations last? ›

Negotiations can take days, weeks, or even months before parties reach an agreement. If negotiations fall through or you think going to trial will get better results, you can reject the settlement. This would, however, mean a longer, more complex legal process.

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