Melbourne & Victoria FAQs
The cost of a conveyancer in Melbourne can vary depending on several factors, including the complexity of the transaction and the specific services required. It’s recommended to obtain quotes from different conveyancers to compare their fees. Try our free request quote option and compare the price with our other competitors to see the difference. While cost is an important consideration, it’s equally essential to prioritise the expertise, reliability, and reputation of the conveyancer to ensure a smooth property transaction
It is advisable to engage a conveyancer before making an offer on a property. We can provide valuable advice and guidance throughout the negotiation process, helping you understand the legal implications and ensuring your interests are protected. We can review the contract, identify any potential issues, and assist in making informed decisions before committing to the purchase.
Absolutely. Hiring a conveyancer is highly recommended due to the complex nature of property transactions. A conveyancer’s expertise helps ensure all legal requirements are met, minimising the risk of costly mistakes and providing peace of mind. We help you navigate the intricacies of the process, handle legal documentation, and protect your interests, ultimately saving you time, effort, and potential legal complications.
It is generally recommended for the buyer and seller to engage separate conveyancers. This ensures that each party has independent legal representation and their respective interests are protected. While it may seem more convenient to use the same conveyancer, having separate representation helps maintain a fair and impartial approach throughout the transaction.
Franchisees in Victoria must either be a licensed conveyancer or registered lawyer. All of our franchisees undergo a stringent selection process; conduct extensive training in conveyancing systems, customer service and other business skills and must adhere to extremely high levels of professionalism, ongoing training and customer satisfaction levels.
The duration of the conveyancing process can vary depending on several factors, such as the complexity of the transaction and the responsiveness of all parties involved. On average, conveyancing can take between 4 to 12 weeks. However, it’s important to note that each transaction is unique, and unexpected delays or complications can arise. A skilled conveyancer will strive to expedite the process while ensuring thoroughness and accuracy.
While Melbourne is located within the state of Victoria, there is no significant difference in the property conveyancing process between the two. The conveyancing procedures and legal requirements are governed by the state’s legislation, which applies uniformly across Victoria, including Melbourne. Therefore, the services of a reputable conveyancer who is well-versed in Victorian property laws will be suitable for both Melbourne and other areas within the state.
When selecting a Melbourne-based property conveyancing lawyer, it’s important to consider their experience, expertise, and reputation. Look for conveyancers who specialise in property law and have a deep understanding of the Melbourne property market. Additionally, prioritise clear communication, reliability, and a customer-centric approach. Reviews, testimonials, and recommendations from previous clients can also provide valuable insights into their professionalism and quality of service.
All of these terms are interchangeable and relate to the written statement (prepared by your conveyancer or solicitor) which must be provided to a prospective purchaser before a contract of sale is entered in to. It is a form of disclosure document and normally provides such details as the zoning, title boundaries, encumbrances and outgoings (e.g. council, water, land tax and owners corporations fees).
If you are a vendor you would typically appoint a conveyancer at the time you decide to list your property for sale. This is to enable the conveyancer/solicitor time to prepare the vendors statement (and contract) before there is an interested party wanting to make a written offer for your property.
Under Section 27 of the Sale of Land Act, in limited circumstances you can access the deposit (less the agent’s commission and advertising) monies prior to settlement. Typically this will involve your conveyancer or solicitor obtaining written confirmation from your mortgagee of the outstanding loan amount and other particulars of the loan (such as whether or not you are in default) and preparing a Section 27 Statement. Generally, if you are up-to-date with your loan repayments and do not owe more than 80% of the sale price of the property, you will be able to have access to the deposit within 28 days of serving the Section 27 Statement on the purchaser.
Even if the property is advertised as going to auction, you can make an offer to purchase the property at any time. You should make contact with the selling agent and tell them you want to make a formal offer. This will normally be done by completing the particulars (such as your name/s, address, price, deposit you wish to pay, your preferred settlement date and any special conditions such as ‘subject to finance’ or ‘building and pest inspection’) of sale on a contract prepared by the selling agent or the vendor’s conveyancer.
A deposit is normally taken from you by the agent (and held safely in trust) before the offer is taken to the vendor for their consideration.
Should the vendor agree with the terms of your offer they will counter sign the offer and a contract is then made between the parties.
At an auction the selling agent will expect you to have a 10% deposit. Should you not be able or willing to pay this much, you must discuss this with the agent before you start bidding to see if the vendor is agreeable to a smaller deposit.
When purchasing by private treaty (i.e. not at auction) you can offer any deposit you wish. However a 10% deposit is typical and will offer the vendor substantial security and make your offer more attractive to them. Some agents will accept a small deposit (say $1,000 or $5,000) until the vendor has accepted the offer, when the remainder of the deposit (say 10%) is payable.
Opting for a local conveyancer can offer certain advantages. They possess knowledge of the local market, regulations, and nuances specific to the area, which can facilitate a smoother transaction. Local conveyancers may also have established relationships with other professionals involved in property transactions, such as real estate agents and local authorities, enhancing efficiency and effectiveness.