Why do I have to pay stamp duty prior to settlement

It’s a requirement under the General Conditions for the Sale of Land that a buyer must arrange for a signed, stamped Transfer of Land to be delivered to the Seller for signing at a reasonable time before settlement.

Generally, the seller will accept an unstamped Transfer of Land for signing; however, the seller can refuse. In the event that the seller does accept and sign the unstamped Transfer, it is still required to be stamped before settlement.

If stamp duty is included in the loan funds, the majority of  banks will advance the Stamp Duty funds on the morning of settlement to enable this to occur.

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