Please refer to the Update Instructions posted with the update for further details and instructions.

Click here to login, if you have any problems please call the office on 07 3229 8111

Please refer to the Update Instructions on the website for further details.

Click here to login, if you have any problems please call the office on 07 3229 8111

Please refer to the Update Instructions posted with the update for further details and instructions.

Click here to login, if you have any problems please call the office on 07 3229 8111

Please refer to the Update Instructions on the website for further details.

Click here to login, if you have any problems please call the office on 07 3229 8111

This regulation commences on 30 April 2012.

All of our NSW and Federal Precedent suites will be updated with the relevant wording prior to the commencement date.

Click here to login, if you have any problems or questions please call the office on 07 3229 8111.

Please refer to the Update Instructions on the website for further details.

Click here to login, if you have any problems please call the office on 07 3229 8111

PPSR – Personal Property Securities Register – ESS/searchESS Launch Plan & F A Q

ESS is pleased to announce that the new PPSR search will be available within the ESS desktop software effective Monday 30^th Jan (PPSR launch day). We will be doing this in a two part roll out across ESS Desktop and searchESS web service for your convenience and choice.

searchESS

The searchESS web service PPSR search is delivered in partnership with Vedacheck and when you perform a PPSR search or registration on the SearchESS website you will be migrated onto the Vedacheck in partnership with searchESS’ domain to perform this search. Billing etc. will continue to be done by searchESS. You should note that the searches will not appear on your statement of transactions listing, but will appear on your invoice and import files as normal for easy disbursement.

ESS Desktop

The main areas that affect you are Bill of Sale searches and the charges component of ASIC Company Extract products. As of Monday 30^th January Bill of Sale will cease to exist and will sit on the PPSR. So will the company charges component of a Company Extract. If you are after this information then you may need to perform a PPSR search from the ESS system and we will search the register for you. Of course the government don’t like to make things easy for us and as a result of that to ensure complete searching integrity ESS will need to perform searches on the register both in the Company Number and the Organization Name in the case of a Company for example and a Business Number and Business Name in the case of a business for example. From time to time we may also have to search by A R S N (Australian Registered Scheme Number) or ABN.  However the good news is that we will take care of this for you at one low fixed disbursement fee.

ESS will compile the PPSR certificates relevant to the matter and send them back to you by e-mail. In certain cases there will be multiples of certificates (in the case of multiple charges for example) and in these cases (more than 10) ESS will make contact with you in order to get your permission to order a full certificate print out from the Attorney General’s office.

Support calls post go live day

All PPSR support calls for searchESS should be directed to 1300 892 334.

All PPSR support calls for ESS Desktop should be directed to 07 3229 8111 or 0410 605 108.

How are we updating our systems?

ESS Desktop

The first part of ESS Desktop PPSR access is done via a price up date – you MUST run the price update on ESS Software on Monday 30^th January. If you are unsure how to do this please call Luke Ford on 0410 605 108 or the office on 07 3229 8111. You will find the PPSR Search has replaced the Bill of Sale option. In the case of individuals you wish to search on the PPSR you will also need to provide us with their date of birth. We understand this may cause potential issues but we are unable to search the PPSR on your behalf for individuals without a date of birth. If you have any questions as to why this is required we encourage you to contact the PPSR directly on 1300 007 777.

The second part of PPSR enhancements post go live day will be done via a new version of the ESS desktop system to allow for more seamless integration. Luke Ford will contact your office in the coming weeks to get your system up to date. If you have any questions about updating your system please contact Luke on 0410 605 108.

searchESS

You will be able to search the PPSR and perform registrations on the searchESS website through our seamless integration into the Vedacheck portal delivered online and in real time. Your billing will remain the same (via searchESS).  The first time you log in, you will be required to input some information on a one off basis in order to set up your access level to PPSR. It is very important that you do this. Please set your password to be the same as the current password for searchESS login. For more information screens can be seen below detailing what you need to do.

You will never need to input this password again and migration will be seamless. If you need assistance with this process please call the searchESS helpdesk on 1300 892 334. A separate guide to the one off set up process will be posted on the website and can also be view by clicking here. Please make sure you read this, and understand it. If you have questions please don’t hesitate to call 1300 892 334.

Remember if you are unsure and have questions – call us!

This highlighted the case of nine owners who want the right to live permanently at the Quest on Story Bridge apartment complex near the Story Bridge Hotel. Unit owner Cameron Green said lawyers carried out standard property searches for him in 2009 but this did not reveal that only short-term occupants were allowed.
He said he and other buyers were not made aware when they bought their homes that they could not live in them permanently, due to a development condition imposed on the 14-year-old building. It is understood a building approval search would have revealed the problem but this type of check is generally considered to be “optional” during conveyancing. Unit Owners Association of Queensland vice-president Paul Cassels said buyers should be cautious and recommended they go beyond standard property searches.

“When you spend $500,000 or $1 million [on a unit], to me spending another $1000 on a report is money well spent,” he said. “It’s such a specialist area.”

He said buyers should check building classification and should also familiarise themselves with body corporate arrangements. Asked whether real estate agents should disclose short-term or long-term occupancy rules, Mr Cassels said they may not know. He said buyers should engage specialist lawyers and body corporate experts to do such checks. Mr Cassels also advised people buying apartments off the plan not to simply use the developer’s lawyers.

The state government’s Office of Fair Trading last night encouraged homebuyers to carry out adequate property searches.

“Queensland’s real estate laws are based on the concept of ‘buyer beware’ and purchasers are encouraged to carry out their own searches and due diligence to their satisfaction when purchasing a property,” the office said in a written response to questions last night. “Agents must give buyers a copy of the warning statement before they sign any contract. The warning statement stresses the need for the buyer to get independent legal advice regarding the property they are about to buy.” The office said state regulations also required real estate agents “disclose information about a property to a buyer if it has been specifically requested or if non-disclosure would be unfair to the buyer”.

Conveyancing and body corporate inspection expert Dee Pannell said in her experience it was not uncommon for unit buyers to find out important information after the sale had been completed. Ms Pannell said she hoped buyers would become more aware and solicitors more diligent in sourcing property “search agents” who provided a thorough inspection report. “I have been beating my head against a brick wall for at least 10 years trying to get buyers to understand the worth of a comprehensive report,” she said. The owners of nine units at the Quest on Story Bridge apartment building have lodged a development application with Brisbane City Council seeking approval to use them for permanent residency.

The 14-year-old Quest on Story Bridge apartment complex, opposite the Story Bridge Hotel, currently contains mostly serviced or rented apartments but also houses several owner-occupiers. Local councillor Helen Abrahams backflipped on her initial support for the development application after inspecting one of the units at Quest and speaking to businesses and council officers. The Quest on Story Bridge franchise, which manages the building and services apartments in its letting pool, wrote to the council saying it often had to turn business away because short-term accommodation was in such strong demand, while warning that local shops relied on visitors.

Brisbane City Council neighbourhood planning chair Amanda Cooper said she could not comment on the matter while the development application was being assessed by council officers. However, she said planning rules distinguished between short-term and long-term accommodation because the impacts on neighbouring residents were different.

Mr Green, a first home buyer and lawyer, said the residents simply wanted to use their units for the purpose for which they were sold. “While we may have be let down by a number of people along the way, the critical thing to remember is that we haven’t given up,” he said. “Instead of pointing the finger at others, which would have been an easy option in many instances, we’ve tried to fix this mess. “We’ve engaged lawyers and town planners and collectively spent tens of thousands of dollars trying to comply with the law.” He said the issue was complicated by the fact business owners were “looking to force us out of our homes to further their own commercial interests”.

To see a sample call Luke Ford on 0410 605 108 or email csm@searchess.com.au   

It’s that time of year again.

We are coming up to the time of year that we all love….. End of financial year. ESS has started contacting all the search providers trying to find out what price changes are going to be. Please do a price up date on your ESS desktop system every few days so you have the most up to date prices for your clients.

If you have any questions or need help doing this price updates please give Luke Ford a call on 0410 605 108 or csm@searchess.com.au

New home sales growth remains sluggish, figures show, adding to growing evidence of a lull in the property market.

A report published yesterday found home sales edged up by 0.2 per cent last month but activity was stubbornly below its long-term average, a trend the housing industry blames on weak buyer sentiment and excessive regulation. Housing Industry of Australia figures also suggested expectations of further interest rate rises were damaging the confidence of buyers and builders.

So far this year, sales of new detached houses are 22 per cent below the long-term average and sales of multi-dwelling developments are sagging behind their long-term levels by more than 50 per cent, the HIA said.

HIA chief economist Harley Dale blamed the weak sales growth on a ”double whammy” of weak consumer demand and constraints on new supply, such as taxes, and difficulties in obtaining credit. Dr Dale said the decline in prices in some markets also removed another incentive for commercial builders to invest in new housing.

”Clearly, the higher interest rates of 2010 and the speculation about rate hikes sooner rather than later is not doing a lot for confidence and demand in the industry,” he said.

”There’s a little bit of softness in prices but it’s unlikely to morph into some sort of substantial correction.”

CommSec chief economist Craig James said the weakness in new home sales pointed to a ”continuation of flat prices”, which would act as a drain on consumers’ confidence.

RP Data-Rismark, which will today unveil house price figures for April, earlier this month said national values dropped 2.1 per cent during the March quarter.

The national research director at RP Data, Tim Lawless, said the fall was mainly due to the flood-induced 1.4 per cent fall in January, though discounting by home vendors was now ”higher than average”.

”The higher cost of living and debt consolidation remain at the forefront of consumers’ decision making, which is reflected in the high household savings ratio and low transaction volumes for housing,” he said.

Mr Lawless said the volume of total transactions in February was estimated to be 18 per cent below its five-year average.