Property

We Help...

  • Navigate the maze of buying, selling, or leasing, whether for personal or commercial reasons.
  • Provide free pre-purchase advice.
  • We offer tailored solutions and expert advice for your unique circumstances.
  • We help you to move forward.

We Understand...

  • That you will rely on those who are most experienced.
  • That conveyancing is complex.
  • We make you aware of the possible costs involved in property transactions to prevent any nasty surprises.

Speak to a Lawyer call 03 9890 332103 9890 3321

Or click here to send us an enquiry

We Do...

Conveyancing

When buying, selling or leasing, you need a lawyer who has the experience to guide you down the right path. Don’t sign anything before talking with us.

Frequently Asked Questions

WHAT IS CONVEYANCING AND WHAT IS THE ROLE OF THE LAWYER IN THE CONVEYANCING PROCESS?

Simply, conveyancing is the legal process by which ownership of real estate is transferred from one entity to another.

A lawyer's role is to advise you of your rights and obligations with regard to property transactions and transfers including:

  • Buying and selling commercial and industrial property;
  • Commercial and retail leases;
  • Contracts for the sale or purchase of a business;
  • Subdivisions and new titles.

Conveyancing is a complex area of law. In engaging an experienced lawyer we will also be able to assist you with such issues as estate agents, planning and zoning advice, pool fencing and Owners Corporations.

SHOULD I HAVE A CONTRACT OF SALE AND SECTION 32 CHECKED BEFORE I BUY?

Yes. Obtaining legal advice prior to signing anything will assist you to understand what it is you are agreeing to, will assist you to negotiate the terms of the contract and prevent problems after the sale has taken place. The simple rule is: if it is not in writing or has not been signed by the other person, then it cannot be enforced.

We provide free pre-purchase advice; a service which has become invaluable to our extensive client base. We will review the sale documentation (including contract of sale and section 32 (vendors) statement) and provide you with a written review prior to purchase.

WHAT IS “COOLING OFF” AND WHO CAN COOL OFF?

Cooling off is a term used to describe the right of a purchaser of real estate to cancel the contract and walk away from the purchase within a specified period of time without having to provide a reason as to why they are doing so.

In Victoria a purchaser has three clear business days, from the day on which they sign an offer to purchase, to “cool off”. However, there are certain exceptions to the right to cool off, as follows:

  • The sale is at or within three clear business days before or after a publicly advertised auction;
  • The property is used primarily for commercial or industrial purposes;
  • The property is greater than 20 hectares and used primarily for farming;
  • The vendor and purchaser have previously entered into a contract for the same property in substantially similar terms;
  • The purchaser is an estate agent or a corporate body (e.g. a company).

WHAT ARE THE COSTS OF BUYING AND/OR SELLING A PROPERTY?

It is important that you are aware of the possible costs associated with property transactions so that you can budget for these and prevent any unexpected ‘surprises’.

Some expenses that you might expect when buying/selling a property are as follows:

  • Fees and charges payable for obtaining any loan (mortgage);
  • Loan repayments;
  • Sales commission and advertising costs;
  • Stamp duty;
  • Titles Office Registration fees;
  • Search costs;
  • Rates and Taxes for the period that you will own the property;
  • Conveyancing fees and minor costs; and
  • The costs involved in moving.

WHAT IS AN “OFF-THE-PLAN” PURCHASE AND HOW DOES IT DIFFER FROM A STANDARD PURCHASE?

Buying “off-the-plan” means buying land or an apartment that does not yet physically exist other than as a drawing or a proposed plan.

An owner can sell such proposed properties prior to commencing and/or completing construction and prior to subdivision. This is done by entering into contracts with potential buyers on the basis that the owner will attend to the required construction and/or completion works and/or registration of a plan. The owner has a limited time to complete the works and if they fail to do so within the time specified in the contracts, the transaction can be cancelled and any monies paid as a deposit refunded to the purchaser.

OTHER QUESTIONS THAT WE CAN ASSIST TO ANSWER:

  • What do Strata, Torrens, and Stratum title mean?
  • Should we be joint tenants or tenants in common?
  • Can my company purchase this property?
  • When should I talk to the Bank?
  • Can I access any grants, concessions or rebates?
  • What do the special conditions mean?
  • Do I need any special conditions of my own?
  • I’ve made a mistake - Can I change my mind?

Property development


Building disputes


Leasing


Retirement villages


Whether for personal use or investment


Our Property Law Team

Andy Shaw

Accredited Specialist - Business Law

Melva Cameron

Property Law

Jaymee McAlpine

Property

Client Testimonials

"You were meticulous in carrying out your task and I am most grateful. I also found you to be kindly and empathetic. The money has made a great difference to our sense of wellbeing. I would recommend you…"

"What most impressed me with dealing with Robinson Gill is the absolute commitment to achieving the best possible outcome for the client. All discussions and decisions are based on this big picture approach. Their level of expertise…"

"Harry please pass on my thanks to all concerned, Joanna and Scott both of whom were outstanding in their roles and gave me great support during the process, both during the Court case and before.My special…"

We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

  • All initial consultations are obligation free.
  • At Robinson Gill Lawyers you speak to a lawyer.
  • Call us to help you 03 9890 332103 9890 3321 or 1800 745 3421800 745 342.
  • Fax us 03 9898 426603 9898 4266.
  • Send us an enquiry.
  • In two convenient locations:
    701 Station Street, Box Hill (Head Office)
    Level 40/140 William Street, Melbourne
Speak to a Lawyer call
03 9890 332103 9890 3321
Injury. Family. Property. Disputes. Wills. Business.