Frequently Asked Questions

Buying or selling property is always an exciting venture, until you realise how much paperwork is involved. With Mr Conveyancer, we take care of the entire conveyancing process for you. Our friendly team of professional Victorian conveyancers offer an effective and responsive service. 

We understand that people want an easy and stress-free process, where the conveyancer works in their best interest. At Mr Conveyancer we provide this, as well as professional and friendly support right through to settlement. We are known for our clear communication and the ability to make the entire process easy to understand.

Mr Conveyancer raises the standard of conveyancing services in Victoria. How? Through building relationships. Communication is vital. We keep you updated throughout the entire process and will also communicate with other parties on your behalf.

Our services are provided in a timely and effective manner to ensure a stress-free property settlement. We can also provide a fixed fee for all services. Our transparent pricing means that you’ll never get caught out by hidden costs again.

When you’re purchasing or selling you need an experienced and trustworthy representative to handle your legal property contracts. With our experienced team, transferring property from one party to another is a whole lot simpler.

Conveyancing is the legal process of transferring ownership of property from one person to another. It involves transferring a title deed from the property seller (vendor) to the purchaser. 

This process involves preparation, execution, verification and lodgement of several documents. A conveyancer will also investigate the title of the property, search for anything that may affect the usage of the property (e.g. illegal structures, outstanding rates, government proposals etc).

Our work includes:

• • Government department and local authority searches
  • Contractual advice
  • Preparation and certification of legal documents
  • Document stamping
  • Calculating adjustments of rates and taxes
  • Preparation of settlement statements
  • Liaising with mortgagees and financiers
  • Settlement attendance
  • Verification of identity
  • Document storage
  • Services relating to buying and selling commercial & industrial property
  • Commercial and retail leases
  • Contracts for the sale and purchase of business
  •Subdivisions and new titles
  • Certificate of Title Searches

A conveyancer helps you to prepare and process all required documents needed when purchasing, selling, or transferring a property. Conveyancing can be undertaken by a licensed conveyancer, a solicitor or even the person who is buying, selling or transferring the property.   

We believe that solicitors are ideal for property transactions because they have thorough understanding of the legal processes and relevant legislation such as the Sale of Land Act (this is the legislation for transferring land and property from one person to another). Apart from assisting you with the legal formalities of the sale, a solicitor will also help you navigate your rights, can provide legal advice and will naturally cover more ground. 

It is also possible for an individual to do the entire conveyancing process on their own. However, if any documents are misunderstood or misinterpreted, this could end up in expensive and unnecessary litigation, loss of money or even loss of the property. We believe it is always best to hire a solicitor to handle this process.

Conveyancing charges vary based on the type of transaction involved, the property price and the provider. To get more information about our fees and other conveyancing-related fees, you can get a quote by contacting us here.

Your conveyancer can provide advice on the following matters:

•   Types of title and forms of ownership;
•   Cooling off periods;
•   Circumstances that may affect settlement;
•   Available grants, concessions and rebates (for example, the First Home Owners Grant);
•   Fees and charges, including rates and taxes;
•   Change of ownership;
•   Legal obligations;
•   Insurance responsibilities;
•   Caveats and encumbrances; and
•   Special conditions and “subject to” clauses.

Conveyancing processes may vary and will depend on the property involved. However, the stages can be divided into three majors ones: Pre-contract; Pre-completion; and Post-completion.

Be prepared for substantial legal and administrative work to be completed at each stage before moving on to the next. While the conveyancing process is fairly similar from one transaction to the next, the required actions for each transaction will be dependent on the circumstances. 

It will depend on the settlement date written in your Contract of Sale. If you approach us and your settlement is in 4 weeks or less, you will be prioritized but this may also incur further charges.

We will work to the settlement time frame as specified in your Contract of Sale- if this is in 3 weeks, then yes your conveyancing can be completed. However, further fees for your work to be prioritised may be charged. We encourage all of our clients to get in touch with us as soon as possible, so that additional stress and costs can be avoided. 

If you are buying a property, you should approach us before signing the Contract of Sale so we can advise you on the contract, the Section 32 and negotiate any special conditions. 

If you are selling, you should approach us when you decide to place your property for sale so that we can help you prepare a Section 32 and have it ready by the time your agent commences your marketing campaign. 

Yes, although you can’t avoid the conveyancing process which is very complicated. We always recommend that you enlist the services of a conveyancer.

It entirely depends on the type of transaction. At a minimum, you can expect a Contract of Sale, a Section 32 document, and verification of identity documentation.

The process of finding a good solicitor or conveyancer to assist you with your buying or selling property is similar to the process of looking for a real estate agent- that is through word of mouth. Here at Mr Conveyancer, not only do we have the credentials but we also pride ourselves on effective communication with our clients. We understand that the conveyancing process can be confusing and stressful, and we mitigate this by guiding you through each step of the process.

It is possible, but we do not recommend this.We understand that property transactions are very expensive and that it seems wise to look for ways to save money. However, one small mistake during this process could end up costing you thousands of dollars. 

It is best to use an experienced conveyancer who knows what to look for, and who also carries insurance to cover any mistakes or oversights. If you do it yourself and make a mistake, then you are fully responsible.

A cooling off period is a timeframe in which a purchaser is able to terminate their property sale agreement. The cooling off period is for the buyer’s benefit to give them time to think through their purchase without being rushed. Seller’s do not have the benefit of a cooling off period. 

If the purchaser decides to use their cooling off period, notice must be served in writing to the seller. Using the cooling off period to cancel a Contract of Sale will incur a penalty of $100 or 0.2% of the sale price (whichever is greater). Generally, a cooling off period cannot be used in auction sales or if the cooling off period has been waived by the buyer.

When a home is sold, the statement of adjustments ensures the buyer and seller only pay property tax, utilities and other property costs that they are responsible for.

If you’re buying a property, you don’t want to be responsible for any outstanding bills that should be paid by the seller, but the seller will also need to be reimbursed for any pre-paid costs that are applicable when the buyer takes over the property. Adjustable items include council rates, water rates, land tax, body corporate fees (if applicable) and rent (if applicable). Adjustments are prepared by the purchaser’s representative before settlement.

Stamp duty is a mandatory tax that state and territory governments charge when purchasing a property. From 1 July 2017 first home buyers can obtain a full exemption of stamp duty if the purchase price is up to $600,000, or obtain a reduced rate on a sliding scale for properties between $600,000- $750,000. 

We will prepare all necessary documents to be submitted to your lender or directly with the State Revenue Office to obtain your stamp duty exemption or concession. 

Searches are enquires made on your behalf by your solicitor or licensed conveyancer to various authorities that hold information about your property or anything that directly or indirectly affects it. Mandatory searches carried out when buying a house include; Title Search, Registered Plan, Easements and Encumbrances, Land Tax Search.

A Section 32 or the Vendor’s Statement is the legal document given by the seller to a potential buyer. Essentially, this document contains all the information about the property that needs to be disclosed to the buyer.

A Section 32 Vendor Statement should contain the following information:

•   A description of any easements, covenants and other restrictions affecting the land.
•   The name of the planning scheme, the authority which administers it and the zoning of the property.
•   Rates, taxes or charges affecting the land and the respective amounts.
•   Details of any notices or proposals affecting the land.
•   A statement describing the services that connected the land together, along with a description of the authorities that supplied           these services.
•   Details of any building approvals granted in the preceding seven years.

The following should be provided:

Certificates: Copies of the Title in your name, council rates notices and water rates.

Easements: Let us know if there is any area on your property, which water authorities and other authorities can access.

Water rights: Does more than one water authority affect your property? Do you have water rights affecting your rural or semi rural property?

Secondary titles: If there is a title for a car space, storage area, rear laneway or anything other than the land being sold.

Construction or building permits: If there is any type of dwelling or building construction under seven years of age on the land, or structural modifications or additions to the main house, you will need to provide the: 

•      –    Building Permit
•      –    Final Inspection Certificate and; 
•      –    Home Owners Insurance documentation

If you are an owner-builder, you will also need to provide a copy of: 

•      –     Owner Builder’s Defect Report and; 
•      –     Owner Builder Warranty Insurance documentation

You must also disclose any building or construction that has taken place without a permit.

Owners Corporation: If you are selling a flat, townhouse or estate where an Owners Corporation (formerly known as a Body Corporate) is applicable, you will need to provide relevant details. 

Notices: If you have received any notices from any authority, person or the like that could affect a person’s decision to buy your property, you will need to disclose this information.

Zoning and overlays: Please advise whether your property has been zoned i.e.. as a residential, mixed or commercial zone.

Tenants: If the property has been tenanted or leased you will need to advise us.

Levies: Do you know if additional levies, such as street or construction levies, are applicable to your property?

Services: You will need to inform us about the various services to the land being e.g. electricity, gas, telephone, water and sewage. 

Chattels: Always advise if you are including any items with the property for sale (.g. a garden shed, dishwashers, electric light fittings etc.

The cost of a Section 32 in Victoria as charged by Mr Conveyancer depends on the type of property that you are purchasing. For more information, click here to contact us.

You should ask the Real Estate Agent or the seller for a copy of the Section 32 Disclosure Statement once you are interested in purchasing a specific property.

Section 32 is a legal document provided by the seller (vendor) to an intending purchaser. It is named after Section 32 of the Sale of Land Act, which requires the vendor to provide certain information to the purchaser before a Contract of Sale is signed. A Contract of Sale on the other hand is a legal and binding document containing the terms and conditions agreed upon between a seller and a buyer.

We recommend that a Section 32 be renewed every 3 months.

The seller’s conveyancing solicitor should prepare the Section 32.

Yes, it is possible to make an offer without a Section 32. However, you will not have as much protection or information about the property.

Legislation requires a seller to provide specific information to a buyer about a property before they sign the Contract of Sale. If they do not provide this, then the buyer may have the right to pull out of the Contract.

Aside from the purchase price, you will also need to be able to cover other government, lender and professional fees. These costs are detailed further below.

When buying a property, it is easy to become focused on the deposit and purchase price. In reality, there are other necessary costs and fees that must be covered. These may include, but are not limited to:

Fees related to your mortgage: Your lender may charge fees. You should contact them directly to find out.

Stamp Duty: Stamp duty is a general tax imposed on the purchase of real estate. Stamp duty is calculated as a percentage of the market value or purchase price of the property. To get an idea of how much your stamp duty will be, click here to contact us.

Registration fees: Registration fees are paid to the Lands Titles Office. To get an idea of how much your registration fees will be, you can access a calculator.

Conveyancing fees: The cost for our services. 

Rates and Taxes: Rates and taxes will be calculated for the period that you will own the property, and must be paid.

Moving Costs: The cost to move your items to your new property.

Title Insurance: Title Insurance is insurance which provides protection to home buyers and existing owners of residential property for some unknown and hidden risks which may exist at the time of purchase. Some examples can include: 

•      –   Illegal buildings works
•      –   Survey and boundary defects
•      –   Fraud and identity theft. 

Similar to buying property, there are other costs associated with selling property. These can include, but are not limited to:

Loan repayments: Your lender will provide your conveyancer with a final payout figure on the day of settlement.

Fees and charges to discharge: If you have a mortgage, encumbrance or caveat on your title that needs to be removed, the Lands Titles Office will charge a fee for this to be discharged.

Agent’s commission and advertising costs: If you are using a real estate agent, they may be entitled to commission and advertising costs. You should contact your agent for full details.

Search charges: Searches may need to be made on your behalf to sell and transfer ownership of the property. 

Rates and Taxes: Rates and taxes will be calculated for the period up until the property is officially owned by the buyer. These plus any outstanding amounts must be paid at settlement. 

Moving costs: The cost to move your items from the property to leave it as described in the contract. 

Government prescribed searches: Often there will be a need to order government prescribed statutory  searches where enquiries need to be made on your behalf to prepare the appropriate forms to transfer ownership of the property. These costs are additional and your conveyancer can advise you further what cost will apply.

Conveyancing fees: The cost for our services. 

Whether you’re buying or selling a property, you will need your own conveyancer and you will need to pay the fees for your conveyancer. If you have two transactions i.e. you’re buying and selling a property at the same time, separate conveyancing fees will be applicable.

Our conveyancing fees are very competitive. Please contact us so that we can discuss your requirements and then give you an obligation-free quote. We will also advise on any additional costs that you may need to take into account, such as building and pest inspections.

A Transfer is the act of assigning ownership of a property from one person to another, and is a part of the conveyancer’s set of responsibilities.

Yes. A Solicitor plays an important role in the transfer especially with regards to the preparation of necessary legal documents. In addition, a Solicitor will come in handy to provide advice if needed.

On average, a transfer of property takes between 30 and 90 days. But this time period will depend on the parties and other relevant factors.

When transferring property to family, there are extra legal requirements. At Mr Conveyancer, we can take you through the three main parts of transferring a title between family. These are:

•   – Deciding how to transfer the property either through a sale, gift or holding charge; then
•   – Determining related fees and any capital gains tax for the seller; and lastly
•   – Transferring the property.

You can sell a house if your name is not on the mortgage, but you will need consent from the person whose name is on the mortgage.

A Certificate of Title is a document that records who officially owns the land and notes any interests and rights affecting the land. The Certificate of Title is issued by the Registrar of Titles to the person who is entitled to it, being either:

•    – The owner of the land;
•    – The owner’s mortgagee if there is a mortgage over the property.

Generally, no. The legislation which governs land title in Victoria now allows all title records to be computerised. Therefore, in order to obtain a computer generated Certificate of Title, the owner makes a separate application in writing to the Registrar of Titles. 

If you would like Mr Conveyancer to help you obtain this, please contact us. Please note that an additional fee may be required. 

Yes, you can sign a deed that will transfer ownership from the seller to the buyer.

Most settlements in Australia take between 30 and 90 days prior to the exchange of the Contract of Sale.

At Mr Conveyancer, our team will get in touch with you through email and phone calls. See below for more information about how to keep in communication with us during your property transaction.

Yes. It is very important that you have your contract reviewed first before signing it. It is always best to get a Solicitor’s opinion and eye to check for risks and to identify errors. 

At Mr Conveyancer, our conveyancers are also Solicitors. This means we will always ask you the right questions to ensure your desired outcomes, these could include : 

1. Are you sure this property is right for you?
2. Did you know you’ll inherit the properties restrictions?
3. Are you sure the contract is fair for you?

A Contract of Sale is a legal, binding document that lists all the relevant information pertaining to the sale of a property. 

The real estate agent is required to hold a copy of the Contract for Sale before showing any potential purchasers through the property. A contract outlines all the details of the property and exactly what is included with the property (e.g. dishwashers, window treatments etc.). We can begin the process of drafting a Contract of Sale for you, all we need is the property address. 

Yes, we recommend that you conduct both a building a pest inspection. 

These inspections can help you identify any structural faults or defects in the property that are not obvious when you walk through the home. If your contract is subject to satisfactory Building and Pest Inspection reports, you can then terminate the contract. Remember to ensure that any building and/or pest inspector you engage holds the appropriate licenses and that you obtain a copy of the written report.

Yes. Standard contracts only allow one inspection by the buyer prior to Settlement. We recommend that you arrange to do an inspection on the day of settlement

Yes. Services to the property such as telephone, electricity and gas should be transferred to your name to ensure the services are correctly connected before settlement.

From the date that the house is yours as stated in the Contract. If any damage occurs to the property from this date it may be your responsibility, unless it can be shown that the damage was a result of willful neglect or destruction by the Seller. It is also important to note that a Certificate of Insurance with a fully paid premium and with your lender’s name as First Mortgagee will be required, before they release the funds for your property. 

This is why we recommend that you immediately arrange insurance cover over the property. If you would like assistance arranging this, please get in contact with us.

Yes, there may be. If the property is affected by covenants or restrictions on use, these will be set out in a document attached to the contract. We suggest that you give this to your Builder, as the covenants will impose certain restrictions and requirements when building or renovating, such as area, height, building materials, garages etc.

We can advise you on the wording of any covenant to ensure that you understand what the restrictions and requirements are. If in doubt, please seek our advice.

Yes, but each item must be listed in the contract as an included Chattel. If you are unsure if an item will remain with the property or not, you should speak with the real estate agent before negotiating with the seller to have the item stipulated in the contract.

When you own property with another person or entity, the ownership structure, or how you ‘hold’ the property is important.  This is referred to as the Manner of Holding.

If you are purchasing the property with someone else, you have a choice of holding the property either as Joint Tenants or Tenants in Common.

If a tenant in common dies, their interest in the property is an asset of their deceased estate. This means it can be transferred only to a beneficiary of the estate or be sold (or otherwise dealt with) by the legal personal representative of the estate.

If a joint tenant dies, their interest in the property passes to the surviving joint tenant or tenants. It’s not an asset of the deceased estate.

To further understand the differences between these options and which option will be best for your purchase, get in touch with us.

Yes, final council approval matters. If the house or any other structure on the property was built or erected after 1986, a search needs to be carried out to confirm that these received a final certificate. Some Councils will charge a separate search fee for each improvement or structure.

If the dwelling or any improvement on the property was built within the last seven years, then a search should be carried out to ensure that a registered builder carried out the work. If it was not built by a registered builder, then you will not have access to insurance for construction faults. 

Yes. It is always best to understand how much money you have to work with before purchasing a home. If you do not have your finance approved before entering into a contract, you are putting yourself at serious risk of not having enough or any money for the purchase. 

If you do sign a contract prior to finance approval, make sure that the contract is subject to obtaining this finance approval.

Speak to us! If we are representing you in the purchase of your property, we must hear about the outcome of your application for funds before the Seller is told. There may be conditions that need to be satisfied before approval and so you should talk to us first.

Unfortunately not. The current legislation that gives guidance for contracts, doesn’t allow termination of the contract if any improvements have not been approved by the council. You can insert a condition into the contract, prior to signing, making the contract subject to satisfactory search results. 

If you are unsure or would like something like this written into your agreement, speak to us first before signing anything.

No. The current legislation that gives guidance for contracts, doesn’t allow a Buyer to terminate the contract if the property floods. A council search will reveal if the 1974 floods affected the property but unless the contract is made subject to satisfactory search results, you must proceed with the contract.

Generally the deposit is payable by personal or bank cheque to the real estate agent. However there are some exceptions. Once the Contract of Sale has been reviewed, we can advise you as to who the deposit would otherwise be paid to.

As above, if you are unsure or would like something like this written into your agreement, speak to us first. 

A disbursement is the name given to any expenses incurred during the conveyancing process- these are separate to and will be on top of your fixed conveyancing fee. Disbursements will vary depending on the property you are selling or purchasing.  

Usually the keys are collected from the real estate agent once we have notified your agent that settlement has been completed. 

It is our usual practice to have the keys left at the Real Estate Agent’s Office for collection at your convenience. However, we can arrange to have the keys  handed to us at settlement on your behalf, which can then be collected from our office. 

If the seller cannot settle on the due date, the buyer can issue a ‘Notice to Complete’ which gives the vendor 14 days (including weekends and public holidays) to settle. If left unsettled, the buyer has the right to terminate the contract and receive their deposit back. The buyer could alternatively, apply to the Court to have the seller complete the agreement and hand over possession of the property.

If the buyer cannot settle on time, the seller is entitled to charge the purchaser interest each day that the settlement is delayed. The contract usually specifies what this interest rate will be. The seller may also serve a ‘Notice to Complete’, and if they terminate their contract after the 14 days, they may keep the deposit.

We’ve all had buyer remorse at one time or another. Luckily, when it comes to buying property you have the benefit of a cooling off period. Should you change your mind, you have three days after signing the contract to terminate it. It’s important to note that this does not apply to properties purchased at an auction, or when the buyer is a real estate agent of a body corporate, or if previously the parties have entered into a contract for the same property in similar circumstances.

Yes, you can. However, If you are reliant on finance to complete the purchase of a property, make sure that the contract is subject to a finance approval. If not, you are putting yourself at serious risk of forfeiting your 10% deposit and potentially being sued by the vendor for additional costs.

It is common to receive ‘pre-approval’ or ‘approval subject to valuation’ from banks. Don’t be fooled, this allows banks to reject your finance if you don’t meet your pre-approval conditions. Do not mistake ‘pre-approval’ as unconditional approval. Best practice is to go unconditional with your Contract of Sale when you receive formal unconditional finance approval from your lender.

Before you sign any contract and legal paperwork it is important that you understand your rights and obligations. Here are a few important factors that you need to be aware of: 

1. Ensure that your details in the contract are correct before you sign (i.e your name, company or trust).
2. Check the description of the property and the registered plan to confirm that you are purchasing the right property.
3. Confirm that all chattels are included in the contract e.g. blinds/curtains, dishwasher etc.
4. Ensure that the title encumbrances are set as ‘NIL.” Otherwise, the seller may not be obliged to provide you with a clear title at settlement.
5. Confirm that the purchase price is the amount you had agreed.
6. Confirm that a building and pest inspection clause is included in the contract.
7. In case you may be having any concerns about the property, we recommend that a due diligence clause is inserted. For example, this clause could require that any recent renovations have received proper approval and final building certification.
8. Check that the settlement period is  in the contract, this is usually between 30 and 90 days from the date of the contract. However, shorter or longer periods can be negotiated between the parties.

Yes, it is important to get a building and pest inspection. Building and Pests inspections are essential for your peace of mind when purchasing a property as they identify structural defects and infestations that may not appear to the naked eye. A licensed inspector will provide you with a written report of all the issues that you should be aware of and can often save you thousands of dollars in the long run.

We encourage our clients to have an inspection completed before you sign a Contract of Sale so that you are fully aware of the condition of the property and so that you can incorporate any defects into your price negotiation.

A face-to-face ID check is legally required for real estate transactions in Australia. If you are buying, selling or transferring property, it is important to complete Verification of Identity (VOI) as soon as possible as your property transaction cannot be completed until this has been completed.

You may complete your VOI in the following ways:

1. Australia Post – If you are a client of ours, we will provide you with an Australia Post form for your use which has our company code on it. This form ensures the secure delivery of your ID check to us. For more information about the documents required, the fees and participating post offices, please click here. 
2. Overseas – If you are outside of Australia, you will need to make an appointment to have your identity verified at an Australian Embassy or Australian Consular Office. Please let us know if this applies to you, so we can give you further instructions and provide you with necessary documents.  You can find a list of Australian Embassies here.

No, you do not need to attend settlement. Gone are the days where the purchaser and vendor’s solicitors and banks gather in one room to exchange paper documents, paper titles and bank cheques. Settlement now takes place over an electronic platform called PEXA. So, while you’re busy packing boxes on settlement day, just make sure you have your phone nearby so we can call you once settlement has gone through. 

At settlement, all rates, outgoings and other charges (e.g council and water rates, owners corporation fees and land tax) will be adjusted between the conveyancers. This will be calculated by each party paying for their proportion of the yearly rates that is applicable to their period of occupation.

Following settlement, your solicitor will then arrange for notices to be sent to the council, water authority and where applicable, owners corporation, to advise that you have either purchased or sold the property.

Utilities such as gas, electricity and telephone connections are not included in the adjustment calculations. If you are selling a property, it is your responsibility to disconnect any gas, electricity, telephone, internet and any other utility services from the property by settlement date. If you are purchasing a property, it is your responsibility to arrange for the connection of these services to start from settlement date. 

For a deposit to be released early, both the Vendor and Purchaser will need to sign the ‘Section 27 – Deposit Release Authority’. This document should be accompanied by a ‘Section 27 Bank Letter’ from the Vendor’s lender confirming details of the mortgage. The trouble is, it can take quite a long time for banks to prepare this letter and the solicitors of the purchaser will almost always object to the deposit being released. 

In certain circumstances, it may be considered ‘safe’ for purchasers to consent to the release of the deposit where the Vendor can show the following: 

•     –   The mortgage is not in default. 
•     –   There is sufficient equity in the property.
•     –   There are no caveats on the property.
•  

However, even if the vendor satisfies and proves the above requirements, there is no guarantee that the purchaser will consent and sign the Section 27. For this reason, we stress that it should never be assumed or relied upon that your deposit will be released early.

With any property purchase there are a number of risks present which even with the best due diligence cannot guard against or prevent. To protect against these types of risks, you should consider a Title Insurance Policy. 

Title Insurance includes protection against: illegal building structures, fraud and forgery, misdescription of land, adverse possession, encroachments and boundary disputes, easements, access and zoning problems, unregistered interests and issues arising in the registration gap – all of which can result in a significant financial loss. It is up to you whether you invest in this type of insurance, but if you are unsure please give us a call for advice. 

If you have just purchased a property, it is important to make sure you also carefully update and review your will. We recommend that you talk to your solicitor or to us about how your will should be structured after you purchase property.

If you have a mortgage on your property, this must be discharged (paid back to the bank) at settlement. During the conveyancing process we will arrange for you to complete your bank’s Discharge Authority. This will enable us to liaise with your bank to ensure that your mortgage is ready to be discharged at settlement. 

If you purchase a property at auction, this likely means that you are purchasing the property unconditionally. This means that if you find structural damage or pest infestation after you have signed the contract, you will not be able to automatically get out of the contract.

The ‘cooling off’ period will also not be available to you when you purchase at auction or where a property is sold within three business days before or after an advertised auction. If you are seriously considering purchasing a property at auction or putting an offer on a property within three days of the advertised auction date, it is incredibly important to make sure that you have completed your due diligence. This should include having the contract and Section 32 reviewed by a solicitor, making sure your finance has been approved, and ensuring that building and pest inspections have been completed.  

If you buy a property at auction you are required to exchange contracts and pay the deposit immediately. Therefore, we advise that purchasers who are looking to buy a property at auction have completed all necessary searches and inspections, prior to the auction since there is no cooling off period. 

Buying a property that is “for sale” by private treaty is where interested purchasers make a formal offer to the real estate agent. This is then either rejected or accepted, and then contracts are exchanged. This transaction has the benefit of a cooling off period. 

If you’ve purchased a property by way of private treaty, you will need to pay the deposit by the date stipulated in the contract. If you purchase a property at auction, it is standard for the deposit to be paid on auction day. 

Deposits can be paid by bank cheque, personal cheque or electronic transfers. It is best to check with the agent to confirm their accepted methods of payment. The deposit is then held in trust by the agent until settlement day. 

A deposit bond is an alternative to a cash deposit and is essentially an insurance policy. However, paying with a deposit bond must be agreed with the seller and noted in the contract. In most circumstances, the seller may be reluctant to accept a deposit bond. 

No! If a purchaser has made an offer which has been accepted verbally, the deal is not binding until contracts are properly signed and exchanged.

Yes, Mr Conveyancer holds Professional Indemnity Insurance through the Legal Practitioners Liability Committee. This is to protect the client in the unlikely event that an error is made.

We provide a professional service and are therefore liable for negligence if work is not completed to a particular standard. The Australian Consumer Law sets out that our services must be provided with due care and skill, we must be fit for purpose and all work must be completed within a reasonable time frame.

A Commercial Lease is an agreement between a landlord and tenant to occupy a commercial property such as office space, a factory, a warehouse, a shop or an industrial premise.

A retail lease is a type of commercial lease that relates to retail premises. It is often difficult to ascertain whether the lease constitutes a retail leaser or a commercial lease, and consideration by an experienced solicitor is often required.

Buying or selling property is always an exciting venture, until you realise how much paperwork is involved. With Mr Conveyancer, we take care of the entire conveyancing process for you. Our friendly team of professional Victorian conveyancers offer an effective and responsive service. 

We understand that people want an easy and stress-free process, where the conveyancer works in their best interest. At Mr Conveyancer we provide this, as well as professional and friendly support right through to settlement. We are known for our clear communication and the ability to make the entire process easy to understand.

Mr Conveyancer raises the standard of conveyancing services in Victoria. How? Through building relationships. Communication is vital. We keep you updated throughout the entire process and will also communicate with other parties on your behalf.

Our services are provided in a timely and effective manner to ensure a stress-free property settlement. We can also provide a fixed fee for all services. Our transparent pricing means that you’ll never get caught out by hidden costs again.

When you’re purchasing or selling you need an experienced and trustworthy representative to handle your legal property contracts. With our experienced team, transferring property from one party to another is a whole lot simpler.

If your bank has asked you to get a solicitor’s certificate, this means that a solicitor needs to review the loan documents, the guarantee and any other associated documents and explain them to you before you sign.

A solicitor’s certificate can vary from bank to bank and other financial institutions but basically the solicitor must certify that:

1. That you fully understand and agree with the terms and conditions of the loan agreements and security that is being offered for the loan;

2. That you understand that if there is a default, the bank can sell up the property that they have offered as security for the loan to recover the unpaid monies plus default interest and any other costs of the default (i.e., taking possession and selling the property etc.)

3. That you are aware of the repayments that you are required to pay, that you have the income to service these repayments, and that you have obtained appropriate advice from your accountant and/or financial advisors.

4. If there is a guarantee, you understand that if there is a default under the loan, whatever security they have provided under their guarantee may be sold by the bank to recoup the amount owing under the loan plus any default interest and other costs that they incur in the process.

A solicitor’s certificate is usually a lengthy and complex legal agreement.

It can be difficult for clients to understand solicitors cannot just witness documents or signatures. Whenever lawyers witness a legal document, there is a presumption that they are providing advice in relation to the document that is being witnessed.

It is for this reason that I will not agree to witness a solicitor’s certificate without providing formal advice and charging a fee.