PROPERTY LAW & CONVEYANCING

Buying, selling and dealing with your real estate can be a life changing matter, whether for domestic, commercial or investment purposes.
Melbourne Lawyers & Mediators provides quality professional property law and conveyancing services delivered by a dedicated and experienced team. All property matters are carried out by qualified property lawyers who are committed to providing effective, personalised care to all clients.

Selling your property

Before marketing your property for sale, you will need a written contract and a vendor’s statement (section 32 statement). A vendor’s statement is a legal document – it must be factually accurate and complete, that discloses certain information affecting the property not always apparent by physical inspection. If it contains false, incorrect, or insufficient information a purchaser may be able to withdraw from the sale or take legal action.
We can assist you with the entire process, from preparing your contract and section 32 statement, negotiating on your behalf, preparations for settlement and finalising the sale.

Buying a residential property 

Before signing a contract to buy property, it is essential to understand your legal obligations and carry out any due diligence to ensure the property is right for you. Working through a section 32 statement and the contract for sale can be daunting for a prospective purchaser but we can provide guidance that is clear and easy to understand so you can make an informed decision.

We will explain the terms and conditions of the contract, and go through the section 32 statement which includes important information about the property such as the title, encumbrances, mortgages or easements, council planning, contaminated land, etc. We will explain your cooling-off rights, if applicable, and negotiate any additional terms to help protect your interests.

Non-monetary property transfers

Sometimes interests in property need to be transferred without involving a standard sale and purchase. For example, to give effect to the terms of a Will after somebody dies, or where separated couples must divide their assets in accordance with a property settlement or court orders. When transferring property in this way, there are legal and financial implications to consider, and the correct transfer documents must be prepared to properly reflect the desired arrangements.

Commercial and retail leases

Commercial and retail leases set out the terms and conditions through which an entity may occupy premises to run its business operations. Lease agreements should be in writing and prepared and reviewed by an experienced lawyer to ensure the commercial terms agreed are correctly outlined, and that there is a balance of rights between the parties. Lease disputes can be minimised by having a clear lease document in place and ensuring that the parties obtain independent legal advice.
Many leases fall within the scope of the Retail Leases Act 2003 (Vic), which imposes specific rights and obligations on tenants and landlords, including the provision by a landlord of prescribed disclosure documents.
We act for both landlords and tenants and can prepare and advise on leasing documents, disclosure statements, transfers, assignments and surrenders of leases.

How can we help with your property transaction?

Buying, selling, and dealing with property involves major financial and practical considerations. What is often considered a routine process requires a deep understanding of property law and various other legal areas. We understand the complexities of property and conveyancing and the consequential effect that a property transaction may have on other legal areas of your life such as estate planning and family law. Real estate transactions can also trigger financial considerations such as transfer duty, capital gains tax, etc.

We can assist with:
  • Sale and purchase of residential and rural property
  • Auction sales
  • Off-the-plan sales and purchases
  • Commercial property acquisitions and disposals
  • Retail and commercial leasing
  • Subdivisions, covenants, and easements
  • Residential building contracts
  • Retirement villages
  • Non-monetary transfers (including love and affection, transfers between spouses, breakdown of relationships)
  • Title rectifications and lodgements
  • Change of property ownership interests
  • Reviewing mortgage documents
  • Buying property through self-managed superannuation funds
If you need assistance, contact one of our lawyers at [email protected] or call 1800 99 31 32 for expert legal advice.