PROPERTY LAW
1. Real estate business:
Real Estate business is one of the most exciting and rewarding, although possibly one of the most stressful issues you will face. It is vital that you get legal advice from someone experienced in property law.
Although it sounds quite straightforward, property law can be quite complex and conveyancing has to consider issues such as contract terms and conditions, mortgages, covenants, easements, caveats, the type of property title, the type of tenancy, local council regulations and zoning to name just a few.
All the steps in the conveyancing process:
- The process begins with the vendor instructing its lawyers to prepare a Contract of Sale and Vendor’s Statement (section 32 statement). The Contract of Sale forms the basis of the terms and conditions negotiated by the vendor and purchaser.
- The purchaser should get legal advice, review the contract, inspect the property and start making loan arrangements before anything is signed.
- The Contract of Sale is signed by both parties, and may be immediately binding, depending on the circumstances of the sale. You may however, have a cooling off period available, or be able to withdraw from the contract under certain conditions, so it’s important that you know the exact terms and conditions written into the contract before signing.
- A set length of time is specified in the Contract of Sale from the signing date of the Contract of Sale and the settlement date where the purchaser becomes the legal owner of the property. During this time, the purchaser has a lot to do including conducting various checks on the property, calculating stamp duty, organising insurance and getting any loan arrangements in order. At the same time, the vendor should be making arrangements with the bank to have any mortgage discharged as well as making plans to move.
- Before settlement, adjustments to the purchase price are concurred by both parties to cover council and water rates as well as other costs which may be allowed for in the Contract of Sale.
- On the day of settlement, everything must be in place. The purchaser or the incoming mortgage must show up with the funds, and the seller or outgoing mortgage must turn up with the property title and it is necessary that the documents release the mortgage. Everything is handed over including the keys and the property is considered settled and ownership is transferred to the purchaser.
- After the settlement, it is necessary that the purchaser is registered as the owner on the title, and various government bodies are informed of the changes in ownership.
As buying property is one of the biggest financial decisions you will make it’s important that you get expert legal advice. If you want to protect your legal rights, you should have an experienced property lawyer helping you.
With years of property law experience our legal team can guide you through the complex conveyancing process. We are dedicated to protecting your legal rights in uncomplicated, plain English.
There are no hidden extras for you to worry about our conveyancing services. You pay once everything is complete.
We have decades of experience in all types of conveyancing transactions from suburban residential houses, to multi-level strata title units, to off the plan purchases and sales, to Old Law transactions, to purchases and sales of farm land and vacant rural properties.
Our services include:
- Residential and commercial property sales and purchase
- Subdivisions
- Mortgages
- Pre-purchase Contract examinations
- Advice in respect to all real estate agency documentation
- “Off the plan” purchase and sales
- Old Law transactions.
The buying or selling of your property is often the largest financial transaction that you can become involved in during your lifetime. It is therefore MOST IMPORTANT that you have the professional services of your lawyer attending to such matters. DO NOT TAKE THE RISK of having a person other than your lawyer attend to such matters. Lawyers have special skills and knowledge in this area of law and you should ensure that your property transactions are dealt with in a proper manner. Speak to one of our lawyers today about your property demand.
2.Leases
The law pertaining to the leasing of real estate in Victoria is complex. Both landlords and tenants should be fully aware of rights and obligations at the commencement of a lease so as to avoid a costly and time consuming dispute later on.
For example determining at the commencement of the tenancy as to whether or not the prevailing retail leasing legislation will apply will be crucial in determining the rights and obligations which each party is entitled to enjoy on the one hand and will owe to the other party, on the other.
We have decades of experience and expertise in acting on behalf of both landlords and tenants in properties ranging from small offices and shops, to shopping centre leases, larger commercial buildings and warehouses.
We can assist by:
- Negotiating lease terms and conditions.
- Preparing lease documentation and Disclosure Statements on behalf of landlords.
- Reviewing proposed lease documentation on behalf of tenants.
- Providing advice in relation to lease disputes.
PROBATE AND ESTATE ADMINISTRATION
When a person passes away, sombody has to deal with the deceased's estate the executor or executrix will have a responsibility for administering, various assets and liabilities that are left behind by the deceased. .
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When a marital relationship fails, division of family assets is a potentially complex and problematic process that can be highly stressful.
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Family Law is a very complex area of law because the breakdown of a marriage or relationships can be a very DIFFICULT TIME FOR ADULTS AS WELL AS THE CHILDREN, IF ANY, to provide an affordable quality professional service at reasonable costs in this area of law we are very understanding and sympathetic to your special needs and the particular needs of any children who may be involved.
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