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Conveyancing & Land Transfers

Excellence is not a skill. It's an attitude. With 25 years' experience in the legal industry, you can trust in the experts.

Using a lawyer remains the safest way to complete a conveyancing matter which doesn't have to cost the earth.

Lawyers are an essential part of the property investment process and having a good reputation is more crucial than ever. The way we get a good reputation? We meet our clients' needs.

We hold the hands of uncertain buyers or sellers, forming a bond of trust that can allow important matters to be discussed freely and openly. The conveyancing process can be stressful for those involved so by being more personal, more available, and our clients more informed, we can help to ease that stress.

At Cottier Stenning our clients are given a fixed price "up front", with no hidden extra's. It is our mission to make the legal experience more enjoyable, affordable and straight forward and as painless as possible.

We give you peace of mind knowing that your transaction will be handled by a solicitor with experience in real estate matters and property law, should legal issues arise.

We ensure nothing gets overlooked.

Our firm holds professional indemnity insurance to protect you against negligence.

Purchasing

The process involved in purchasing a property

There are many factors in buying a property.

Our firm can recommend you to a finance broker to discuss any of your concerns or requirements regarding taking out a loan or refinancing your mortgage.

When purchasing a property it is important to have your contract looked over and have it explained just exactly what you are purchasing to protect you and your investment. We can give you a full contract review over the phone or in writing at your request.

We check the Vendors Statement Section 32 and Contract thoroughly and;

As soon as the contract is made, the buyer should lodge a caveat on the seller's title at the Land Registry in order to prevent any other person claiming the land and to give notice to the world of the buyer's interest in the land.

As soon as we have received your pre-purchase information request form we will contact you to arrange for the prompt checking of your documents. In most cases the matter is completed within 24 hours, and often on the same day.

You are entitled to immediate telephone or email support to clarify any issues raised in our report.

Buying Off the Plan

When buying off the plan there are benefits and risks associated with this type of purchase. It is important to know and trust the developer that you are dealing with, so you need to ensure you have done your homework and by checking with builders licensing authorities to see if any complaints may have been lodged against the property.

Carefully inspect any display homes, models and plans of the property you intend to purchase. Investigate the details, the fixtures, fittings and finishes.

If the developer goes under before the property is finished you may be left with nothing to show for it and out of pocket thousands for the loss of your deposit, legal fees and any other associated costs.

You can request to see the developer's balance sheet to determine their financial strength if you are at all concerned.

10% deposit is required upon signing the contract and is held in a legislated trust about for safety and bears interest usually divided equally between purchaser and vendor on completion. Stamp Duty applies within 3 months of signing the contract and the balance of the purchase monies are payable on completion, giving you ample time to get your financial house in order.

"Off The Plan Contracts" are quite complex with all the clauses that are in them, so it is important you understand what it is you are buying into and that were we can help.

Buying at Auction

In Melbourne many people buy at auction, which means the contract is unconditional when the hammer falls, you have to bring the deposit to the auction and you can't make the contract conditional so it is important that you have the contract looked over to protect yourself. As a bidder, set a maximum price and do not bid above this. If there is more than one buyer everyone would need to attend the auction or provide a power of attorney to given. There are many other factors to look at when buying at Auction and our staff are more than happy to answer any questions you have.

Selling

When selling your property having it presented well will ensure that it more attractive to potential buyers. First impressions count when it comes to selling your home so it vital the appearance of the property is maintained throughout the selling process.

It is required by law in Victoria that you have attached to your contract a Vendors Sections 32 Statement which may include;

Were a vendor has failed to comply with provisions of the section 32, a purchaser may be entitled to end the contract right up until the day of settlement. This can come at a huge cost to the vendor as they may still have to comply with their contractual obligations and pay the agents fees, legal fees and costs to the purchaser for any suffered loss.

Each scenario is different, that's why it is important to get qualified legal advice from a lawyer before any assumptions are made to in fact know if any breaches have been made.

We ask all the right the questions to ensure that your Vendors Section 32 Statement is thoroughly put together.

Frequently Asked Questions

What is Conveyancing?

Conveyancing is the process of transferring ownership of a property from the seller to the buyer. It may involve preparation of legal documents, checking for problems or restrictions relating to the property, and transfer of large sums of money.

What is the conveyancing process for purchasing a property?

What is the conveyancing process for selling a property?

What is a Vendors Section 32 Statement?

In Victoria when you a selling a property you are required under the sale of Land Act to have in your contract of sale a Vendors Section 32 Statement. This is the legal document that discloses to the prospected purchaser all the details concerning the property.

What is disclosed in a Vendors Section 32 Statement?

What if the Section 32 is defective?

Were a vendor has failed to comply with provisions of the section 32, a purchaser may be entitled to end the contract right up until the day of settlement. This can come at a huge cost to the vendor as they may still have to comply with their contractual obligations and pay the agents fees, legal fees and costs to the purchaser for any suffered loss.

Each scenario is different, that's why it is important to get qualified legal advice from a lawyer before any assumptions are made to in fact know if any breaches have been made.

Useful links

Government Assistance

The criteria for first home owners and for eligible concession card holders continue to be varied with government announcements from time to time. You need to contact the SRO

State Revenue Office

Level 2, 121 Exhibition Street, Melbourne Vic 3000

Tel: 13 21 61

Email: sro@sro.vic.gov.au

Web: www.sro.vic.gov.au

Please feel free to contact Philip on
03 8765 2347
at any time to discuss your matter on a obligation free basis.