Conveyancing Lawyers Melbourne
Buying & Selling Property
Experienced Conveyancing Lawyers Melbourne
At CKL Lawyers our team of highly experienced Conveyancing Lawyers Melbourne can assist you in your property law matters.
Whether you are a Vendor or Purchaser, we can assist you with all manners of property conveyancing law related issues:
- Purchase of Property & Sale of Property – Conveyancing
- Purchase of Business & Sale of Business
- Town Planning issues & Town Planning Disputes
- Building Contracts & Building Disputes
- Non-sale transfers between related entities
- Subdivision & Consolidation of land
- Removal of Easements & Covenants
- Adverse Possession disputes
- Tree root claims & Fencing disputes with neighbours and Councils
A Residential or Commercial Property can often be the most valuable asset a person owns and therefore any transfer of that asset to another party needs to be conducted carefully to protect your rights and correctly carry out all your obligations required under the many different Acts and Regulations that govern property law. Our firm is certified with PEXA, one of Australia’s online conveyancing settlement platforms. We also undertake stamp duty assessments via the Duties Online platform hosted by the SRO. We have the best Conveyancing Lawyers Melbourne has to offer.
What Does A Conveyancer Do?
We undertake all actions required to transfer your property including:
- Pre-auction advice regarding a Contract of Sale for Purchasers
- Drawing & Engrossing the Contract of Sale for Vendors
- Drawing & Engrossing the Vendor’s Statement (s32 Statement)
- Drawing & Engrossing the Release of Deposit Statement (s27 statement)
- Applying for all necessary Certificates and Title searches
- Drawing & Engrossing Caveat and lodging with Land Victoria
- Liaising with the Vendor’s Solicitors or the Purchaser’s Solicitors
- Liaising with your bank regarding a discharge of mortgage for
- Vendors and a new mortgage for Purchasers
- Attendances on Owners Corporation Managers where the property falls under the Owners Corporation Act
- Drawing & Engrossing Nomination forms
- Drawing & Engrossing Transfer of Land
- Drawing & Engrossing Goods Statement or Statutory Declaration for Stamp Duty purposes
- For Commercial properties we advise on issues such as GST – going concern, leases etc.
- Coordinating with all parties to arrange settlement
- Drawing & Engrossing or perusing Statement of Adjustments
Attendance at settlement
- Drawing and Engrossing Disposition and Acquisition Notices to the relevant authorities once settlement has taken place
- Attendance on stamping & lodging the Transfer of Land
Conveyancing For Vendors Checklist
CONVEYANCING CHECKLIST FOR THE VENDOR
- Purchaser’s Guarantees – Vendors need to be aware that if the purchaser is a company, a personal guarantee should be sought from the director of the company to guarantee performance under the contract.
- Chattels – ensure that you advise our office carefully of all the chattels so that there is not any misrepresentation by your real estate agent as to what will stay and what will be removed from the property at settlement or prior to settlement.
- Services available and connected – carefully advise our office of the services that are available and the services that are connected to the property eg Water, Electricity, sewage, gas & phone. This information will be added to the contract of Sale to advise the purchaser. This is particularly important if your property is either in a new subdivision or in a rural area.
- Building Approvals – you need to advise us if you have renovated the building within the last seven years and what type of construction was carried out.
- Notices – if you have received a notice from any authorities notification to the purchaser will be included in your Contract of Sale; particulars of any notice, order, declaration, report or recommendation of a public authority or government eg, Heritage listing, EPA contamination, rubbish hazard to be removed, a request to remove dangerous chemicals, future repairs expense in the case of a property covered by an owners corporation.
- Leases – a copy of the lease will need to be provided to us for inclusion in the Contract if you are selling the property subject to a lease. If you are selling the property subject to vacant possession, that lease will need to be included together with evidence that the tenant has been notified to vacate in the proper manner.
- Mortgage discharge – we will liaise with your bank to arrange for the discharge of your mortgage and transfer of the title at settlement. A Release of Deposit Statement (s27 Statement) cannot be presented to the Purchaser until your bank has fully disclosed the extent of your mortgage indebtedness. If you have a very high mortgage, the purchaser may refuse to release the deposit prior to settlement.
- The Auction – if you cannot attend the auction personally, you may give a limited Power of Attorney to someone else to sign the contract on your behalf. Please see our section on Powers of Attorney.
- Negotiations – all transactions can have negotiated terms and conveyancing is no different.
Our experienced Conveyancing Lawyers Melbourne can assist you to negotiate issues such as Contract price, settlement date, deposit amount, early release of deposit, chattels, your occupation past the settlement date and unfinished building works.
Conveyancing For Purchasers
CONVEYANCING CHECKLIST FOR THE PURCHASER
- Purchasing entity – a nominee clause can be used at the time of signing the contract to allow you time to seek our advice as to which type of legal entity best suits your needs. Once a nomination clause is invoked, there are strict timeframes within which you are required to notify the Vendor of the nominated party. Once these timeframes have lapsed, you no longer have the right to nominate an alternative purchaser.
- Title measurements – You should ensure that the property you have inspected is identical to the property shown on the plan by checking that the measurements on the ground, including the distance from the corner of the block to the nearest street intersection, agree with the measurements on the plan. If you should find any material difference between the dimensions of the property as inspected and the dimensions as shown on the plan, please contact us immediately so that a decision concerning a check survey may be made. Failure to do so may result in preventing you from making a claim in the future in respect of any discrepancy on the plan of survey.
- Caveat – a Caveat is a notice to the world that you have an equitable interest in the property by virtue of the Contract. We draw up the document and lodge as soon after the contract is signed as possible to protect you from the Vendor fraudulently re-selling the property to another Purchaser. No other Transfer of Land can be registered whilst your caveat is in place.
- Chattels – all chattels purchased with the property are listed in the Contract. If the Vendor or the Agent has represented that chattels that are not listed in the Contract are to remain, we will need to negotiate with the Vendor and amend the Contract to include these items as soon as possible before settlement.
- Occupation – if the contract notifies you that the property is subject to a residential lease, we will need to make requisitions to the Vendor that the Tenant has been appropriately notified and will vacate prior to settlement.
- Ownership of the Property – If you are purchasing the property with someone else, you will need to consider whether you will purchase as Joint Proprietors or as Tenants-in-Common. This will determine what happens to your share of the property when you die. We can advise you which is the most appropriate for your situation.
- First Home Owners Grant & Principal Place of Residence Concession – If you are buying your first property, we can assist you to apply for the First Home Owners Grant Application or, if you qualify for the Stamp Duty concession, the Principal Place of Residence
- Finance – In today’s complex world Banks and other financial institutions will not lend unless the borrower has received a Solicitor’s Certificate evidencing that the borrower has received legal advice before signing the mortgage. We are able to explain to you in understandable terms what is required of you in the mortgage documentation.
- Building Approvals – We will peruse the Vendor’s Statement on your behalf to find out if any part of the building is still subject to the seven-year building guarantee.
- Certificates – as part of the conveyancing process we undertake to obtain information from many local and state government bodies and other authorities to find out as much as practically possible about the property before you settle. As a matter of routine we will apply for certificates from the local council, planning department, water authority and Vic Roads. If the property is subject to Land Tax we will apply for a Land Tax Certificate. We will apply to the Owners Corporation manager if the property is governed by the Owners Corporation Act. We have the necessary online facilities to request many other non-standard certificates should the need arise, eg. An EPA report if the property is subject to a potential EPA threat, Heritage listing, Building approvals and the like.
- Insurance – Mortgage insurance may be required by your bank to cover your loan should something happen to you. Upon signing a Contract, a Purchaser should take Building, Contents and Public Liability insurance. If you are purchasing the property as an investment and intend to rent it out, you should take out a Landlord policy that also covers you for items such as loss of rent.
- Protection – Now that you are to be the owner of a substantial asset, you will need to consider setting up protection for your family in the form of a Will and Powers of Attorney. For more details, please see our section for Wills and our section for Powers of Attorney.
- Professional Indemnity Insurance – as fully registered Lawyers with the Legal Services Board it is mandatory for our firm to carry PI Insurance to protect you. If you use an unregistered Conveyancing company it will not carry PI Insurance and therefore you will not be protected if you need to make a claim against it.
- The Auction – if you cannot attend the auction personally, you may give a General Power of Attorney to someone else to bid on your behalf. Please see our section on Powers of Attorney.
- Negotiations – all transactions can have negotiated terms and conveyancing is no different. Our experienced Property lawyers can negotiate on your behalf issues such as Contract price, settlement date, deposit amount, late release of deposit, chattels and your occupation prior to settlement date.f Residence Application.
At CKL Lawyers, our conveyancing lawyers and law clerks interface online with all government departments, conduct online property & title searches, as well as transact your settlement via the E Conveyancing settlement platform PEXA thereby undertaking all the essentials of conveyancing. Contact us to discuss our competitive conveyancer fees.
Conveyancing during and after Coronavirus (COVID-19)
Do you want Zero contact Legal Services? Contact CKL Lawyers.
We use and are registered for PEXA and Duties online. We are able to facilitate remotely all types of conveyancing:
- Purchase and Sale of property
- Purchase & Sale of Business
- Inter family or associated person transfers
- Lost Title Applications
- All other applications at the Land Registry
- Off The Plan purchase
- Going Concern purchase
- Aged Care Facility
- Medical or Dental Practice
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