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Looking to Buy or Sell a Property?

We Are the Conveyancing Lawyers In Melbourne to Speak to!

Conveyancing Lawyers Melbourne

If you are looking at selling your home, buying a property or transferring your interest in a property, we are here to help.

As experts in conveyancing, our property lawyers is here to ensure that your property transaction, whether residential or commercial property, is completed smoothly and effectively, and according to all local laws.

Hand holding house keys in the sunset

What Is Conveyancing?

Conveyancing is the legal process of transferring the ownership of a property from one person or entity to another. It involves a series of tasks and legal obligations that must be fulfilled in order to ensure a smooth and legally valid property transaction.

The Conveyancing Process

The conveyancing process in Victoria typically includes the following steps:

  1. The process starts with the pre-contract stage where the preparation and negotiation of the Contract of Sale is done, which outlines the terms and conditions of the property transaction. It also includes conducting property searches to gather information about the property, such as the title and plan, zoning, planning permissions, and any encumbrances or restrictions
  2. Next is the exchange of contracts, where the contract of sale is signed and exchanged between the buyer and seller, once the parties have agreed on the terms and conditions of the sale. At this point, the transaction becomes legally binding, and a deposit is often paid by the buyer
  3. After that comes the pre-settlement stage, where various tasks are carried out to prepare for the settlement, including calculating adjustments for council, water and other rates and taxes payable on the property, conducting final property inspections, coordinating with financial institutions if a mortgage is involved and arranging for payment of the balance of the purchase price
  4. Lastly comes the settlement, where the legal ownership of the property and title is transferred from the seller to the buyer. This step involves the payment of the purchase price, completion of all necessary documentation, and registration of the transfer of ownership with the relevant land registry authority.

What Does a Melbourne Conveyancer Do?

A conveyancing lawyer specialises in providing legal assistance and advice when settling property transactions.

Their role is to guide clients through the legal aspects of buying or selling property and ensure that the conveyancing process is completed smoothly and in accordance with the law.

A conveyancing lawyer’s role can range anywhere from reviewing the contract, preparing all the legal documents and assisting with settlement, to a wide range of related services that include giving legal advice, help with negotiating better terms, and managing the whole process from A to Z.

The Difference Between a Lawyer and a Conveyancer

While initially it may sound the same, there is actually a distinct difference between a Lawyer who undertakes conveyancing work (Conveyancing Lawyer) and a Licensed Conveyancer (Conveyancer).

Conveyancers hold a conveyancer’s licence authorising them to handle and advise on matters that are limited to conveyancing and property transfers. Although Conveyancers are not qualified to provide legal advice, assist with complex legal issues, assist with dispute resolution or represent you in court, typically they offer their services at lower rates and can settle all types of residential or commercial property transfers or refer you to a lawyer if any legal issues arise.

In contrast, a Conveyancing Lawyer must hold a law degree as the minimum educational qualification, must be admitted to practice law in court and can help you with many aspects of your property transaction that a conveyancer can not, such as:

  • Providing comprehensive legal advice on a range of issues that may arise during the conveyancing process including advice on contract terms, default, litigation and dispute resolution, potential risks, and other issues that may arise, or that can be identified early and avoided entirely
  • Complex transactions and issues that arise when it comes to off-the-plan purchases, subdivisions, related party transactions, commercial property transactions, and more
  • Broader legal issues that may impact the property transaction, such as family law, estate planning, tax implications, business law and lease issues and matters relating to deceased estates
  • Negotiation. Lawyers are trained to effectively negotiate on behalf of their clients, from negotiating contract terms to negotiations through the dispute resolution process
  • Lawyers can use their legal experience, training and negotiation skills to effectively navigate towards a resolution or to identify and avoid complex legal issues before they arise
  • A Conveyancing Lawyer can represent their client through all stages of a property matter to advise on and settle all possible scenarios

By choosing a Conveyancing Lawyer, clients can benefit from quality conveyancing services that combine reliable legal advice, streamlined processes, and competitive pricing, ensuring a smooth property transaction experience.

Do You Need to Use a Conveyancer for Melbourne Property Transactions?

While it is legally possible to handle your own conveyancing in Melbourne, it’s generally not recommended unless you have a thorough understanding of the law and the conveyancing process.

Conveyancing is typically a complex process, involving numerous legal documents, strict timelines, and important procedural steps, which, if not followed correctly, can lead to legal and financial repercussions.

It can also be very time-consuming, involving numerous tasks such as property searches, liaising with other parties, and ensuring all deadlines are met. Having a professional who is experienced in efficiently handling these tasks can save you a lot of time and stress, and ensure you don’t miss any crucial details.

There can also be significant financial risks involved in a property transaction. A small oversight or error could end up costing you a lot of money. An experienced conveyancer will help manage these risks.

While hiring a conveyancer or conveyancing lawyer does involve costs, many people find that the peace of mind, time saved, and potential risks mitigated are well worth it. Experienced property conveyancing lawyers may even be able to save you money on the property transaction, making the cost well worth it.

Additionally, all registered lawyers and licensed conveyancers hold professional indemnity insurance.

Common Issues That Arise During the Conveyancing Process

During the conveyancing process, several common issues tend to arise that can complicate or delay the transaction, including:

  • Issues with the property’s title, such as undisclosed encumbrances, liens, or conflicting ownership claims, which can pose challenges during conveyancing.
  • Disputes related to property boundaries or survey discrepancies can arise, leading to disagreements between neighbours or uncertainties about the property’s size and boundaries.
  • Restrictions imposed by local planning authorities, such as zoning regulations, building permits, or planning overlays can affect property use and development. Buyers must ensure compliance with these restrictions, and any non-compliance issues must be addressed before proceeding.
  • Difficulties in obtaining finance or mortgage approval can cause delays in the conveyancing process. This includes challenges with loan applications, valuation issues, or changes in lending criteria.
  • Building and pest inspection reports can uncover issues like structural defects, termite infestations, or other building-related problems. These findings may require further negotiations between the buyer and seller, or in some cases, termination of the contract if the issues are significant.
  • Disagreements or disputes over contract terms, special conditions or amendments can arise between the buyer and seller. Resolving these issues may require negotiation, compromise, or in some cases, legal intervention.
  • Delays in settlement can occur due to various reasons, such as incomplete documentation, outstanding financial obligations, or unforeseen complications. These delays can disrupt timelines and cause frustration for both parties.
  • Failure to comply with legal requirements or regulations can pose problems during conveyancing. This includes issues such as failure to disclose important information, non-compliance with building codes, or non-payment of taxes or rates.
  • Failure to meet contractual obligations, such as providing required documents or making agreed-upon repairs, can lead to disputes and potential termination of the contract.

Dealing with these issues on your own, especially if you do not have extensive experience, can not only be extremely stressful but also costly if not handled correctly. This is where having experienced conveyancing lawyers on your side becomes well worth it.

What Makes Our Conveyancing Lawyers Your Best Choice?

When you engage our Melbourne conveyancing team to manage your property conveyance, you are in safe hands. Our priority is to protect your interests, explain the process in plain English and keep you updated every step of the way.

Our property lawyers are here to ensure your experience with transferring the legal title of your property is stress free and seamless. But if there are bumps along the way, you can take comfort knowing that we are on your side, and by your side.

Our property lawyers have a deep understanding of property law, regulations, and the conveyancing process in Victoria. We have years of experience handling a wide range of property transactions and are familiar with all the potential challenges and their solutions.

We pay close attention to detail, ensuring that all documents are accurately prepared, reviewed, and submitted. We thoroughly analyse the Contract of Sale, property searches, and other legal documents to identify potential issues and protect your interests.

Effective communication is vital in conveyancing. Part of our process includes communicating clearly, promptly responding to all of your queries, and keeping you informed about the progress of the transaction. We explain legal terms and concepts in a way that our clients can easily understand.

We always prioritise your best interests and understand that every transaction is different. We take the time to understand your specific needs and circumstances, provide tailored advice, and work diligently to achieve your goals.

Our extensive experience allows us to anticipate any potential issues and takes proactive steps to address them. By conducting thorough due diligence, identifying risks and providing solutions we are able to mitigate or resolve problems that may arise during the transaction.

How Our Conveyancing Lawyers Will Help You

Our professional conveyancing services go above and beyond the standard requirements of typical conveyancers, helping you will all aspects of the conveyancing process including:

  • Contract Preparation and Review: We assist in the preparation and review of the Contract of Sale, which includes terms and conditions of the property transaction. This ensures that the contract accurately reflects the intentions of the parties and provides you legal protection.
  • Property Searches and Due Diligence: We conduct various property searches to gather information about the property, such as titles and plans, planning permissions, zoning restrictions, easements, and any encumbrances or liabilities associated with the property. We then review these search results to identify any potential issues or risks and advise you accordingly.
  • Legal Advice: We provide legal advice throughout the whole process, including explaining complex legal terms and obligations, advise on legal rights and responsibilities, and answering any questions or concerns you may have.
  • Negotiations and Amendments: If there are negotiations or amendments required in the Contract of Sale, we represent your interests and assist in negotiating favourable terms. We will ensure that any changes made to the contract are legally valid and properly documented.
  • Financial and Mortgage Arrangements: We will liaise with financial institutions, mortgage lenders, and other relevant parties to facilitate the financial aspects of the transaction.
  • Settlement and Completion: Once we reach settlement, we will ensure that all necessary documents and payments are prepared, coordinate with the buyer’s or seller’s legal representatives, attend settlement on your behalf, and oversee the transfer of funds and legal ownership of the property.
  • Registration and Post-Completion Matters: After settlement, we will ensure all relevant authorities are notified of the change of ownership including the State Revenue Office, council and water authorities and any owners corporation associated with the property.
  • Legal Representation and Dispute Resolution: In the event of legal disputes or complications arising during or after the conveyancing process, we are here to provide legal representation and assist in resolving the issues through negotiation, mediation, or, if necessary, litigation.

Basically, we offer a complete A-Z management service of the entire conveyancing process, ensuring a stress-free process for you no matter what comes up.

Our Melbourne Conveyancing Services Include

Buying & Selling Property

Pre-Purchase Legal Advice

Property Transfers

Retail and Commercial Leases

Get Your Conveyancing Matter Sorted Today!

To get your conveyancing matter sorted, get in contact with our conveyancing lawyers now by pressing the button below:

FAQ About Conveyancing

What is a Contract of Sale and Section 32?

A Contract of Sale and a Section 32 Statement are two key documents in the process of selling a property in Victoria. Both of them are required for the transaction to be legally completed.

Contract of Sale
This is a legally binding agreement between the seller and buyer of a property. It outlines all the terms and conditions of the sale including price, the deposit amount, the settlement date, any special conditions and what is included or excluded from the sale (like fixtures and fittings).

Once both parties sign this contract and the buyer pays the deposit, they are committed to the terms of the sale.

Section 32 Statement
Also known as a Vendor’s Statement, a Section 32 Statement is a document provided by the seller to the potential buyer, usually before the Contract of Sale is signed. Its name comes from Section 32 of the Sale of Land Act in Victoria, which requires sellers to provide certain information to prospective buyers. This information includes:

  • Details about the property’s title, including any encumbrances like mortgages or easements.
  • Any planning restrictions or zoning information.
  • Outgoings like council rates, water rates, land tax and body corporate fees (if applicable).
  • Any notices or orders issued by authorities affecting the property.
  • Information about services connected to the property.

The purpose of a Section 32 Statement is to provide transparency to the buyer and protect them from purchasing a property that has issues they were not aware of.

The Section 32 Statement is a legal requirement, and if the seller fails to provide an accurate Section 32, the buyer may have rights to withdraw from the contract before settlement.

Testimonials From Our Clients

Excellent
Based on 84 reviews
Margaret Baldacchino
Margaret Baldacchino
2024-12-11
In the process of returning back to Australia. Campus Lawyers & team assisted me to purchase my home. They were efficient, knowledgeable and made it an easy transition. This is not the first time I’ve used your services and not the last. Thank you 🙏
 
Jean-Noel Li
Jean-Noel Li
2024-12-03
Sandro was great! Prompt replies to queries, explains the pros and cons, get things done! Highly recommended.
 
Jarrod S
Jarrod S
2024-11-20
The Campus team are amazing and well worth using, we used them for buying, selling and legal advice on the S32. Really responive to questions and put us at ease with alot of decisions with there advice. Would highly recommend!
 
Andrea McMahon
Andrea McMahon
2024-11-16
We were very pleased with the work of Campus Lawyers, they did everything to ensure our house sale went through smoothly and kept in contact along the way so we knew what was happening.
 
Ben Eyles
Ben Eyles
2024-10-25
Sandro and Cindy have now helped my wife and I on three property transactions and they couldn’t provide better service. Highly recommend!!!
 
Madhura Weerasinghe
Madhura Weerasinghe
2024-09-22
Campus Lawyers greatly helped me in simultaneously settlement of purchasing my new property and selling my previous property. Sandro and Cindy, they both were excellently gave breath of advises, and helped me to overcome most challenging situations with the contracts and settlements. I felt that I am in good hands and felt very secure with them. I highly recommend them to anyone. Thank you for both, and I very much appreciated your assistance provided to me throughout.
 
Kathleen A
Kathleen A
2024-08-14
Sandro and Cindy were fabulous. Nothing was too much trouble and the purchase of my property went through very smoothly. I will definitely be using them again for conveyancing and I am also using them for other legal services.
So easy to deal with and really lovely to talk to.
Kathleen
 
Rachel Grundy
Rachel Grundy
2024-08-02
Great communication from start to finish, Sando and Cindy met our every request and question in a timely manner. Would recommend and will be using them again if I need to.
 
Louise Beach
Louise Beach
2024-07-25
Cindy was fantastic at getting my (well-overdue!) will organised. Extremely professional, an easy-process (which was imperative as I’d delayed doing one for feeling overwhelmed by all the ‘what if’s’?!). More than anything both Cindy and Sandro were not only thorough but warm and welcoming when it came to meet in person. Highly recommended!
 

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