Buying or selling a property is exciting, but it also requires a detailed process with many factors and possible issues that must be considered. In this rising property market, understanding the intricate legal processes are key to avoid disappointment and financial loss in the long run.
In its simplest terms, conveyancing is the process of transferring the ownership of a legal title of land from one person to another. Our conveyancing services are wide ranging and include assistance with buying or selling a property, subdividing land, updating a title and registering or changing an easement.
Our conveyancing team deliver a depth of knowledge in the buying and selling of real estate that is unmatched in the region, ranging from the sale and purchase of residential, commercial, industrial to rural properties.
- Property Development
- Residential Aged Care
- Subdivisional Work
- Compulsory Acquisitions
- Land Tax Objections and Appeals
- Broadacre Residential Development and Structuring
- Section 173 Agreements
- Adverse Possession Claims
- Taxation Consequences
- Buying & Selling Homes & Real Estate
Personal Conveyancing Advice
Strategically planning the course of your individual conveyancing transaction, we will personalise the advice we provide you with to ensure a smooth settlement is obtained. This includes liaising with a multitude of banking entities, other legal professionals, agents and accountants for the benefits of our clients.
We navigate you through the conveyancing process including:
- Section 32 Vendor Statements for Vendors
- Preparation of Contracts
- Perusing Contracts for Purchase
- Preparing Transfers
- Liaising with Banks
- Arranging Settlement
Our property lawyers have successfully helped countless people and businesses with a wide variety of conveyancing matters, call 03 5941 1622 for more information.
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Frequently Asked Questions
What is a Section 32 Statement: Do I Need One?
Each person or entity that wishes to enter into a contract for the Sale of Land in Victoria must disclose to the purchaser certain things relating to that land. This is referred to as a Section 32 Statement.
This document will set out for a potential purchaser details relating to the property, including identifying easements on the property, listing services connected to the property, detailing improvements made to that property by the owner and also disclosing planning controls and notices attaching to that property.
It is important for a vendor wishing to sell their property to fully understand their obligations of disclosure, and to ensure that a Section 32 Statement prepared on their behalf lists all matters required to be disclosed. Failure to disclose required matters in a Section 32 Statement can result in the purchaser avoiding the contract or seeking damages from the owner after settlement of the property has occurred.
Likewise, it is equally important that the proposed purchaser understands what is contained in a Section 32 Statement, and also what additional steps they are required to take to satisfy themselves as to the nature of the property that they are purchasing.
What is electronic or e-Conveyancing?
With the advancement of technology each aspect of the conveyancing process, including VOI > Searches/Certificates > Contract > Signing> Exchange > Settlement, can all now be completed electronically. You are engaging in electronic or e-Conveyancing when you complete any part of the process electronically.
Duffy & Simon are industry leaders in the introduction and implementation of all aspect of e-Conveyancing. We offer a range of innovative technologies that enables our clients to transact in the most efficient and effective means available, creating a higher level of confidence and security at the same time as simplifying the process for our clients.
With reduced paperwork and postage the potential for delays and errors is dramatically reduced. Settlement and lodgement of an electronic conveyance occurs simultaneously potentially reducing the settlement timeframe from months or weeks to just days. Funds are transferred electronically without the need for costly bank cheques and clearance times and greatly reduces the potential for fraud.
What is Verification of Identity (VOI)?
Verification of Identity (VOI) is an identification process that supports the e-Conveyancing compliance framework. All lawyers and conveyancers are required by the electronic conveyancing governing bodies ARNECC (Australian Registrars National Electronic Conveyancing Council) and the Registrar of Titles to comply with certain requirements in order to transact electronically on behalf of their clients.
These requirements include formally verifying the identity of their clients (VOI) and holding a signed authority called a Client Authorisation. Your VOI once carried out is valid for a period of two (2) years and must be stored by your Lawyer or conveyancer for seven (7) years.
There are many ways to carry out a VOI and Duffy & Simon offers a VOI solution to suit your individual needs, ranging from in-house electronic application, a mobile VOI agent that can come to your home or office or even a ‘face-time’ mobile app should you be overseas or interstate. You will need to produce original documentation for your VOI similar to a 100 ID.
Do I have to Use My Estate Agent’s Conveyancer?
The short answer is no.
Often clients will feel that they have to use the conveyancer that their real estate agent recommends. This is not the case, and often the real estate agent has a referral fee arrangement in place for each client that is referred to that conveyancer.
When selecting the right firm to handle the conveyancing of your property, it is important to understand the difference between a firm of conveyancers and a law firm. Importantly, lawyers are best placed to provide guidance on the conveyancing process, and to interpret and advise on issues relating to the transaction. If a legal issue arises under a contract, a conveyancer is not able to proffer legal advice, and it will be necessary to engage the services of a lawyer for that purpose, adding to the cost and complexity of the transaction.
At Duffy & Simon, our conveyancing team is made up of experienced Property Lawyers together with qualified conveyancers, who work together to streamline the conveyancing transaction.