Don’t make this one mistake when selling property
If you’re a seller with a misspelled name or a missing middle name on your property Title, you may be wondering how to proceed with your sale. Here's a step-by-step guide to navigate this situation smoothly and avoid potential pitfalls.
1. Signing the Form 6
Even with an incorrect name or a missing middle name on the title, you can still sign a Form 6. The key is to ensure that the details on the Form 6 match exactly those on the Title. This is crucial for maintaining consistency and avoiding potential legal issues.
2. Verifying your Identity
Your real estate agent must verify your identity to ensure you [the person signing the documents] are indeed the owner. This step is vital to establish legitimacy and proceed with the transaction confidently.
3. Proceeding with the Sale
Despite the discrepancies in names, your real estate agent can facilitate the sale, making sure that the contract accurately reflects the names as listed on the Title. This means all contractual documents should align with the existing Title information.
4. Legal Oversight During Settlement
Sellers should hire legal representatives to oversee the settlement process. These professionals will request necessary documents to confirm your identity. Such documents may include:
Marriage certificates
Birth certificates
Identification cards
Statutory declarations
5. Correcting the Name on the Title
If you decide to correct your name on the Title after signing the contract but before settlement, this could lead to complications. Specifically, it may result in settlement delays and even render the contract null and void because the names would no longer match those on the Title.
Navigating a property sale with a misspelled name or a missing middle name on the Title can be challenging, but it's manageable with careful steps. Ensuring all forms match the Title, verifying identities, and involving legal professionals can help you proceed without significant issues. Avoid making changes to the Title before settlement to prevent delays or contract nullifications. By following these guidelines, you can ensure a smoother and more secure transaction.
Thank you to Rebecca Petroff from Sunstate Conveyancing for sharing this very important information with us.
