We heavily promote a paperless approach to conveyancing since starting the firm and most matters are transacted without the need to print one piece of paper.

We offer a full range of conveyancing and property law services including:

• Buying and selling residential, commercial, rural, and industrial property
• Off-the-plan purchases, strata and community title, and auction sales
• Advice regarding loan agreements, mortgaging, and lender requirements
• Due diligence, arranging title searches, investigations, and land enquiries
• Advice for first home buyers including the First Home Owner Grant
• Advising on property development and subdivisions
• Reviewing and advising on domestic building contracts
• Advising on titling issues, easements, and covenants
• Property disputes and representation at VCAT and / or Court

Residential conveyancing

Conveyancing is the process of transferring the legal title in property from one party to another. The process generally moves quickly and what seems like a small oversight can have significant legal and financial repercussions for buyers (purchasers) or sellers (vendors).

Selling property

Once you decide to sell your property, you will need to have a contract of sale and a vendor’s statement (or section 32 statement) prepared.

The contract includes details about you, your agent, your lawyer or conveyancer, a description of the property and other related information, such as items included in the sale, the deposit required, and the sale price.

The vendor’s statement discloses certain information affecting the property that is not always apparent by inspection. It includes information such as the title, mortgages, easements, council planning, and rates certificates.

If the property is an apartment or townhouse, there are also requirements to include an owners’ corporation certificate. The contract and section 32 statement must be provided to all potential purchasers and contain accurate information.

We can assist you with the entire process, from preparing the necessary documents, to negotiating on your behalf and finalising the sale using electronic settlement in the PEXA platform.

Buying property

When buying a property, it is a good idea to get advice from an experienced property lawyer on the contract of sale and section 32 certificate. A vendor statement contains critical information and helps purchasers make informed decisions as to whether they want to proceed with the purchase of a property. Advice on these documents includes details of cooling off periods, easements or leases affecting the property, and information about outgoings that will need to be paid by you after settlement.

Obtaining a building or pest inspection before exchanging contracts is important to ensure any potential issues are flagged and may result in the negotiation of the purchase price in your favour.

Once a price has been agreed, and you have exchanged contracts, you will need to pay the deposit and prepare for settlement.

We can assist with every step of your purchase, advising you on the contract, negotiating on your behalf, conducting due diligence and enquiries, and liaising with your bank to ensure settlement goes smoothly.

Commercial and retail leases

Commercial and retail leases set out the legal terms and conditions through which a business may occupy premises to run its operations. A lease agreement should be drafted or reviewed by an experienced lawyer to ensure there is a balance of rights between the parties. Each party should obtain independent legal advice.

There will generally be a time limit on when a tenant can exercise an option to renew their lease, expressed as a specific date or time period. Usually, the tenant can exercise their option to renew from three to nine months before the end of the lease term. It is important for a tenant not to miss the opportunity to exercise the renewal option as the landlord may otherwise be under no obligation to renew the lease or renew it on the same terms as in the original lease.

Subdivisions

A subdivision involves the partition of land into smaller parcels. Once subdivided, a title is created for each new portion of land which can be separately sold and transferred.

Land subdivision is governed by a matrix of legislation, regulations, planning schemes and policies administered by councils and other government bodies. Subdivision developments are complex, and it is important to understand the overlap of the relevant laws, and the processes required to achieve the proposed objectives and minimise costly mistakes.

Collaborating with experienced professionals to check off due diligence matters, liaise with relevant authorities, and to prepare and explain titling and legal concepts is invaluable throughout this process.

Property disputes

Disputes between property co-owners are often triggered by changing circumstances – a relationship or business breakdown, financial stress, or the death of a co-owner. Co-owners may claim that interests held are disproportionate to the respective contributions made or disagree on the use, development, or proposed sale of a property. To effectively deal with these matters requires an understanding of property law as well as knowledge of other areas of law such as family law, trusts and succession law.

Disputes between neighbours generally involve encroachment and / or fencing issues which should be carefully managed and negotiated to achieve a resolution that is fair and workable.

Whether you are buying, selling, or developing property, or involved in a legal dispute concerning property, we can provide guidance and advice. We have several years’ expertise in all areas of property law and have helped many homeowners, investors and developers across a range of matters.