Conveyancing is the process of transferring the legal ownership of real estate from one party to another. While often perceived as a routine transaction, conveyancing is a legal process with various complexities. The stakes are high, and the slightest oversight can result in big financial disappointments.
Our solicitor supervised and indemnity insured conveyancing department offers an efficient, courteous and confidential service on an affordable basis. Our clients range from first-home buyers and retirement village entrants to major land and commercial developers.
In addition to the conveyancing aspects of your property transaction, we can also advise on collateral matters – other areas of law such as family law, wills and estate planning, which can all affect or be affected by a person’s ownership of real estate.
Buying a residential property
Whether you are a first-home buyer or a seasoned investor, we strongly advise against purchasing a property without obtaining legal advice. Real estate is a long-term investment, and the value of your property far outweighs the price paid for getting sound advice from an experienced property law firm.
We can help you to understand your rights and obligations under the contract and recommend any additional due diligence that should be carried out to protect your interests. We will see your matter through from the initial negotiations to completion of your purchase and the handing over of keys to your new property.
Selling a residential property
The negotiations when selling property, including the drafting of the contract is a legal process creating enforceable rights and obligations between the parties. It requires a knowledge of the Sale of Land Act, the Transfer of Land Act, and laws relating to contracts, trade practices and consumer law.
When selling residential property in Victoria, a written contract must be in place as well as an accurate section 32 statement (vendor’s statement). This discloses information about the property that is not always apparent on inspection, for example, zoning information, easements, outgoings, notices of upcoming works or orders.. The vendor statement is a legal requirement and helps the buyer make an informed decision as to whether they wish to proceed with the purchase of a property.
We can help you prepare a compliant contract that meets regulations and is also tailored to your individual needs. We will explain your obligations as a seller to minimise issues down the track and represent you during any negotiations.
Once contracts are legally binding, we will liaise with your agent, the buyer’s lawyers and, if necessary, your financial institution to arrange for discharge of the mortgage over the property in preparation of settlement.
There are many different types of ways property can be transferred between family members. You may be transferring your home to a new spouse, parting ways with a former spouse, protecting your biggest assets, or passing a farming enterprise onto the next generation.
We can assist with all aspects of a family transfer, including advising you in relation to the land transfer (stamp duty) implications and making application for exemptions or concessions, through to attending to all Land Registry requirements to complete the transfer of the title.
Subdividing a property
Subdivision is the legal process of splitting land into separate parcels known as lots. Once a plan of subdivision has been registered by the Registrar of Titles, each lot will have a title of their own to enable them to be sold separately.
The registration of a plan of subdivision is a relatively straightforward process, however it is the last step in a series of what can be complicated procedures. We can help you with preparing Section 173 Agreements, registering easements and drafting the terms of a restrictive covenant. Throughout this process, we liaise closely with town planners, property surveyors and financiers to ensure a smooth transaction.
Friendly and professional staff
Our conveyancers deal only in conveyancing and property matters. This enables us to achieve levels of efficiency which other firms and conveyancing businesses have found difficult to match.