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 law team is here to ensure that your property transaction is completed smoothly and effectively, and according to all local laws.
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 in Victoria typically includes the following steps:
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.
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 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:
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. An experienced conveyancing lawyer 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.
During the conveyancing process, several common issues tend to arise that can complicate or delay the transaction, including:
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 a conveyancing lawyer on your side becomes well worth it.
When you engage us 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.
We 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 conveyancing 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.
Our team goes above and beyond the standard requirements of typical conveyancers, helping you will all aspects of the conveyancing process including:
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.
To get your conveyancing matter sorted, get in contact with our team now by pressing the button below:
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:
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.
The best time to engage a conveyancing lawyer is at the early stages of buying or selling a property.
Some key points when you should seriously consider hiring a conveyancing lawyer include:
There are several key legal documents that must be prepared, exchanged and registered during the conveyancing process in Victoria, including:
The conveyancing process in Melbourne typically takes around 60 to 90 days (2 to 3 months) from the date the contract is signed until settlement.
However, this can vary based on several factors including any special conditions in the Contract of Sale, the length of the settlement period agreed upon by the buyer and seller, the responsiveness of the parties involved, and whether any unforeseen complications arise.
If issues are discovered during property inspections, there are several potential courses of action that the buyer can take:
The cooling-off period is a specific amount of time after a contract of sale is signed during which the buyer can cancel (or ‘rescind’) the contract. In Victoria, the cooling-off period for a residential property contract is three business days, which starts the day the buyer signs the contract.
If the buyer decides to cancel the contract during the cooling-off period, they must provide written notice to the seller or their agent, and they are entitled to a refund of the purchase price, but the seller can keep $100 or 0.2% of the purchase price, whichever is greater.
Property transactions not subject to a cooling-off period in Victoria including commercial properties, sales by auction and sales made within three clear business days before or after a public auction.
The cooling-off period is designed to protect the buyer, allowing them some time to consider the purchase and seek professional advice if they haven’t done so before signing the contract. If the buyer has any doubts or second thoughts about the transaction, this period provides an opportunity to cancel the contract without significant penalties.
Yes, you can change your conveyancer during the process in Melbourne.
Keep in mind that changing your conveyancer partway through a transaction can be a complicated process, and it could potentially create delays. It’s essential to ensure that the reason for making the change outweighs the potential complications.
If you need to change your conveyancer, the process is typically as follows:
To get in contact with us about your conveyancing matter, either click the button below to call us or fill out the form and we will get back to you as soon as possible!