Conveyancing by the Specialist Conveyancing Legal Firm

Don’t make a mistake with your biggest asset.  Get the best legal advice from lawyers who are fully qualified to assist you with any query you may have at your convenience.

It is important that you get a lawyer to handle the conveyancing for you whether you are buying or selling a property as they have the legal expertise to handle the matter for you. We protect your interest throughout the transaction.

Buying Property

This can be a daunting process.  However, we suggest you don’t sign any documents until we have reviewed the contract of sale & section 32 Vendor Statement for you.

We will:
  • Review and advise you on the contract of sale and sec. 32 Vendor Statement and point out to you any concerns we may have.
  • Negotiate changes to the contract.
  • Discuss property reports and certificates in the contract.
  • Advice you on what should be included in the contract.
  • Once the contract is signed, we liaise with your lender/broker and provide them with any required paperwork.
  • Carry out necessary searches and enquiries & prepare all documents necessary to facilitate transfer of title to you.
  • Organize settlement and prepare Statement of Adjustments.
  • Attend settlement on your behalf.
  • Notify rating authorities and other relevant parties about the purchase.
  • Keep you informed every step of the way.

You must organize to have the gas and electricity as well as the telephone service connected to the property. We will liaise with the water authority and arrange this for you. We also notify the Council, the Water Authority and the Owners Corporation Manager (if applicable) that you are the new owner.

If you have purchased a property, please send us a copy of the contract and complete the initial information form.

Please call 03 9571 5157 to discuss further or contact us online.

Selling Property

You have come to the right place. We will make the process of selling your home as simple as possible as we will take care of all the paperwork for you. Once you decide to sell your property you need to provide the purchaser with Contract of Sale and a Section 32 Vendor Statement. These documents contain important information regarding the property. If you are intending to sell your property please compete and return this Vendor Statement Instruction Form. It is important that you provide us with accurate and relevant information which is current. If accurate information is not provided, the Purchaser may be able to rescind the contract . What this means is that the purchaser can opt out of the contract and not proceed with the purchase. When you sell a property, prior to settlement, the lawyer will prepare a Statement of Adjustments wherein the council rates, water rates, parks charges, land tax, owners corporation fees and rent (if applicable) are adjusted and any out standings are paid up at settlement. If any of these charges are unpaid at the time of settlement, the purchaser’s representative will check with the relevant authorities as to how much is outstanding and draw a cheque for the amount outstanding at settlement. When these fees are adjusted it means that you as the vendor pay your share of these charges upto the day of settlement and the purchaser pays the fees from the date of settlement until the date on which they fall due.

When selling a property we will advise you on:
  • Relevant paperwork that is necessary;
  • Prepare the Contract of Sale & Section 32 Vendor Statement and obtain necessary searches and certificates.
  • Prepare the section 27 Deposit Release Statement;
  • Liaise with your lender and organize the discharge of mortgage (if applicable);
  • Coordinate with purchaser’s solicitor and ensure all relevant paperwork is prepared and signed off;
  • Attend settlement on your behalf;
  • Notify rating authorities and other relevant parties of the sale;
  • Keep you informed every step of the way.

Please call 03 9571 5157 to discuss further or contact us online.

Buyer Beware

Once you sign of Contract of Sale for the purchase of a property, you are bound to the contract. Therefore it is necessary to understand what is involved prior to signing. We check the contract for you prior to you signing it, to ensure you are aware of everything you need to know. It is advisable to get the Contract of Sale & Section 32 Vendor Statement reviewed by a lawyer in order to ascertain if there are any encumbrances on the title.

Please call 03 9571 5157 to discuss further or contact us online.

Commercial Property

Buying commercial property is very different to buying residential property.  Hence it is very important that you get the correct advice prior to signing a contract of sale. When buying a commercial property GST is usually added to the purchase price. In some instances GST will not be payable if one of the exceptions are applicable. The most common example of this would be if there is  a lease in place and the sale qualifies as the “sale of a going concern”. In this instance GST would not have to be added to the purchase price. However in order to qualify for the exemption, the purchaser must be registered for GST, the parties need to agree in writing that it is the sale of a going concern, the vendor agrees to provide the buyer with everything required to carry on the business and the seller must carry on the business until settlement. Talk to us whether you are buying a factory, store, warehouse, retail premises, or base land, and we can give you the necessary advice.

Please call 03 9571 5157 to discuss further or contact us online.

Self-Managed Super Funds (SMSF)

This area is a legal minefield, and it is very important that you get the correct advice prior to signing a contract of sale. SMSFs are now gaining popularity due to changes in superannuation legislation which allows SMSFs to borrow for the purchase & sale of investment properties. However, there are certain requirements that must be met.

Please call 03 9571 5157 to discuss further or contact us online.

Related Party Transfers

We can assist you if you want to transfer property to a spouse, family member, friend, or anyone else. We will advise you regarding the stamp duty payable (if any) and arrange all necessary paperwork for you.

Please call 03 9571 5157 to discuss further or contact us online.

Off The Plan Purchases

We can assist you in the purchase of “off the plan” properties, whether they be a unit in a high-rise apartment complex, or a freestanding house.

Here again it is advisable to obtain pre-purchase advice prior to signing the contract.

In apartment complexes an owner’s corporation will be managing the property after settlement and they will maintain the common areas and ensure all insurance obligations are complied with. They will charge you an annual fee, This fee can change depending on the type of building and location of the property. Common property is all the land in the plan of subdivision except the lot you are purchasing and generally includes structure of the walls, floors and ceilings that define boundaries and includes pipe shafts and ducts contained within those walls.

What you got to watch out for when you are making an off the plan purchase is that since the plan is not registered as yet, settlement will only take place once the building is complete and the occupancy permit has been issued or the plan has been registered whichever is later. The vendor has to stipulate a time in the contract of sale for completion (this can vary from 24 months to 48 months from signing of the contract) and if the building it is not finished in that time frame, then the contract is void and you will receive your money back. In the event that the building is completed prior to the period as set out in the contract of sale, the vendor will endeavor to settle earlier but there is no guarantee of an earlier settlement as the vendor has the time as set out in the contract of sale within which to complete the contract.

In some instances they may issue the occupancy certificate for your apartment and they may require you to settle, but the apartment complex itself may not be complete at the time of settlement and they can take up to three months from settlement date to complete the finishes. Also other apartments in your complex may not be complete when you settle and you will have to put up with dust and dirt because of continuing construction. At the inspection you complete prior to settlement you may notice that a number of things need to be rectified in your apartment and as per the building contract the vendor has up to 3 months from settlement date to complete these. You cannot delay settlement on account of this or require that the vendor completes these works prior to settlement date.

From the contract, it is assumed that in the case of off the plan purchases, you pay limited stamp duty as the building has not been completed at the time the contract was signed. The vendor will at settlement provide you with an off the plan statutory declaration but there is no guarantee as to the stamp duty concession that you will be entitled to. The State Revenue Office will make the ultimate decision as to the amount of stamp duty payable on your purchase. Real estate agents sometimes estimate the stamp duty that may become payable upon settlement. However this information may be inaccurate. Eventually it’s the SRO that makes a final assessment of stamp duty.

In most contracts, the vendor can make minor changes to the plans and specifications of the building in its absolute discretion and the purchaser cannot make any claim for compensation or seek to terminate unless such amendment is a material amendment. So you may not get what you originally saw or was promised by the agent. Also as per the contract, the contract is conditional on the plan been registered and if in the opinion of the Vendor registration of the plan is not possible, the vendor is entitled to rescind this contract or return the deposit.

There may be a land tax liability that will be adjusted at settlement. An estimation will be provided by the vendor’s solicitor prior to settlement and this sum will need to be adjusted and you will be required to bear part of these costs.

When you do your final inspection prior to settlement, please do your measuring up etc as you are only allowed one inspection prior to settlement and they will not agree to further inspections prior to settlement.

Please call 03 9571 5157 to discuss further or contact us online.

Subdivisions, Partitions, and Developments

We can assist you in this area as well. We will prepare the necessary paperwork that has to be submitted to the titles office, attend to drafting of Partition Agreements, Statutory Declarations, and liaise with your lender, surveyor, and draftsperson.

Please call 03 9571 5157 to discuss further or contact us online.

Owners Corporation Matters

We can assist you with disputes you may have with the owners corporation and advice you as to your rights in the situation. We can assist with the drafting of license agreements where necessary.

Please call 03 9571 5157 to discuss further or contact us online.

Overseas Buyers

We are aware that foreign buyers have a strong interest in the Australian property market as they view it as a good investment. However, foreign buyers are required to meet certain criteria before they can enter into a Contract of Sale for the purchase of property in Victoria.

We offer foreign clients’ advice on the procedure involved in buying property in Victoria. We will liaise with the Foreign Investment Review Board (FIRB) in Canberra and obtain the necessary approvals for our foreign clients.

We offer foreign buyers pre-purchase advice on the Contract of Sale and Section 32 Vendor Statement, make applications for approvals on their behalf, advise them on stamp duty payable and stamp duty savings if applicable, advice them in regards to finance approvals and time lines applicable to the transaction.

Our foreign clients find our advice invaluable as they can then make an informed decision when purchasing property. We conduct seminars and meet with the clients in Singapore, Hong Kong, & China to assist them and advise them.

Please call 03 9571 5157 to discuss further or contact us online.

Share This