Conveyancing is the transfer of ownership of any property or real estate from one person to another. Conveyancing not only applies to those purchasing or selling properties, but can also be the result of a gift co-survivor-ship or a devise by Will. Our role is to ensure that the transaction occurs smoothly and our clients are kept up to date during the process.

The adjustment of rates will ensure that the Vendors pay all rates and taxes due on the property up until settlement date, and Purchaser pays from the settlement date. Most Councils will require all rates for the current rating year to be paid at settlement even though they may not be due until a later date.

This will be reflected in the adjustments. The adjustments will also allow the vendor to pay any arrears and/or outstanding interest on the rates and charges together with fees pertaining to the discharge of any mortgage or caveat.

The Section 32 is a document provided by the Vendor (Seller) to an intending purchaser. Its name comes from Section 32 of the Sale of Land Act, which requires a vendor to provide certain information to a purchaser BEFORE a contract of sale is signed and disclosing certain matters such as what the rates are, if there is any owners corporation, if there are any caveats imposed or restrictive covenants or easements.  Also notifies if any building permanents have been taken out in the preceding 7 years and whether they are any swimming pool and to know what zone the property is in such as residential zone, rural zone which determines what you can do on the land or property.

Section 27 of the Sale of Land Act establishes the procedure to allow the early release of deposit prior to settlement rather than after settlement.

A vendor cannot rely absolutely on the release of deposit because a purchaser can always object to its release. However, if a purchaser is willing to release the deposit, the vendor may achieve this by providing certain information from the bank on their letterhead in particular the amount left outstanding to discharge so the purchaser can determine whether to agree to release the deposit monies early.  Usually the deposit is released, if the vendor can discharge all loans and hand over clear title at settlement and the purchase price is higher than the amount left to payoff the loan.

A Section 27 Deposit Release Statement, containing particulars of any mortgage and any caveat, can be prepared and then served on the purchaser.

If the purchaser provides a signed release the deposit may be released to the vendor. The purchaser will be deemed to be satisfied with the particulars provided if the purchaser does not object within 28 days.

Settlement is the official process conducted between the legal and financial representatives of both the Purchaser and Vendor.

Settlement day happens at a time and date agreed upon by both parties where the transaction occurs so that the purchaser pays the seller as per contract of sale.

It is always best to have reviewed before signing to ensure you know what you can and can not do with the property. we offer this service for free. 

You can buy investment property through your Self Managed Super Funds (SMSF). But you can not buy a house with your super to live in.

Cooling Off  is a term used to describe the right of a purchaser of real estate to cancel the contract within a specified period of time. In Victoria, in most cases the purchaser has three clear business days. 

Fixtures are fixed to the property such as solar panels, fountains, chandelier, TV brackets, trees.

Ensure when you consider buying a property do not assume what will be left there after a settlement. Ask the questions and ensure it is written in the contract so there is an agreement proof.