Frequently Asked Questions

Guiding You Through Your Property Law & Conveyancing Matter.

I want to sell my property, what is the first step?

If you’re planning to list your property on the market, our team of Licenced Conveyancers and Solicitors are here to assist you with the first steps.

First, we’ll need to gather full sale instructions from you to prepare the contract. This contract will include the legally required searches and certificates, which may vary based on the type of property you’re selling.

Once we have all the necessary information, we’ll submit a copy of your contract to your chosen Real Estate Agent. This is essential to ensure your property can be legally marketed for sale. Contact our professionals to get started.

What proof of identity and documents do I need to provide?

In any property transaction, it is a legal requirement under the Electronic Model Participation Rules that all parties involved are formally identified, regardless of the transaction type.

The identification requirements are as follows:

Category 1 (Preferred):

Australian or foreign passport, OR Australian Evidence of Immigration Status ImmiCard or Australian Migration Status ImmiCard
AND Australian driver’s licence or photo card
AND, if your name has changed, a marriage certificate or change of name certificate.

Category 2:

Australian or foreign passport, OR Australian Evidence of Immigration Status ImmiCard, or Australian Migration Status ImmiCard
AND full birth certificate, citizenship certificate, or descent certificate
AND Medicare card, Centrelink card, or Department of Veterans’ Affairs card
AND, if your name has changed, a marriage certificate or change of name certificate.

Category 3:

Australian drivers licence or photo card
AND full birth certificate, citizenship certificate, or descent certificate
AND Medicare card, Centrelink card, or Department of Veterans’ Affairs card
AND, if your name has changed, a marriage certificate or change of name certificate.

If you do not meet the requirements of the above categories, please contact our office to discuss alternative arrangements. However, please note that the current legislation imposes strict rules on the necessary documents.

What do I have to disclose to a purchaser of my property?

Vendors are required to disclose certain matters that affect the property being sold. Specifically, a vendor must inform the buyer of:

Any encumbrances affecting the property that will remain after settlement. Encumbrances are matters that burden and impede the property and/or the title to the land. For example:

Easements that burden the land, granting someone other than the registered owner(s) a right to use and/or benefit from the land
Easements in favour of a Local Government or other Authorities
Unregistered encumbrances such as drainage, stormwater, and/or sewerage lines running through the land.

Whether the property is subject to any tenancies or lease arrangements that will continue after settlement
Whether the property is the subject of any current or threatened claims or disputes (including court proceedings and/or neighborhood, fencing, or tree disputes)
Whether all improvements to the property have been approved by the Council; purchasers will usually require a copy of the development approval or the vendor’s authority to investigate the property’s file with the Local Council
Any building works that have been undertaken at the property in the within the past seven years.
And if the property has a pool, evidence must be provided that the pool has Council approval, a recent compliance certificate, and is registered.
Any material fact that would reasonably affect the buyer’s decision- making process.

My offer was accepted on a property, what’s my next step?

Congratulations on taking the first step toward owning your property!

Now, you need to appoint a Licensed Conveyancer or Solicitor to act on your behalf. Contact our office, and we will direct your inquiry to the appropriate person.

Next, provide our contact details to the Real Estate Agent. The agent will send us a ‘sales advice’ document, which includes the property address, vendor details, and purchase price. The vendor’s Conveyancer/Solicitor will also receive the sales advice and will send us the contract for review, advice, and signing.

Depending on the type of property you are purchasing, it is often wise to order certain reports before exchange to ensure there are no concerning issues. The two most common reports are a building and pest report and a strata report. We will advise you on which reports are appropriate after discussing the property with you and reviewing the contract.

When should I order building or pest inspection?

Most properties are sold on a “buyer beware” basis, which is why it is highly recommended to order a pest and building inspection (if applicable) before exchanging contracts or before the cooling-off period expires. This helps identify any problems or defects with the property before the contract becomes binding, potentially saving you from significant costs and issues in the future.

What is PEXA?

PEXA (Property Exchange Australia) is Australia’s online property exchange network, utilised by lawyers, conveyancers, and financial institutions to electronically lodge documents with Land Registries and complete financial settlements.

During settlement, all parties involved in the transaction, through their legal representatives, exchange title documents for the balance of the purchase price. PEXA has become the mandatory platform for most property settlements and lodgements in Australia.

What are the key dates to be aware of in the conveyancing process?

Exchange/Contract Date: This is the date when the buyer and seller exchange signed contracts, deposits are paid, and the agreement becomes binding. Before this exchange, the seller can continue negotiating with other prospective buyers.

- Cooling-Off Period: This is the timeframe during which the buyer can change their mind and withdraw from the contract without providing a reason. In Victoria, the cooling-off period lasts for three (3) business days after the Purchaser signs the contract.

If the buyer decides to exercise their cooling-off rights and withdraw from the contract, they will forfeit either $100.00 or 0.2%, whichever is greater.

The cooling-off period does not apply to properties purchased at auction or three (3) days on either side of an auction.

Settlement Date: This is the date specified in the contract when ownership of the property is transferred to the buyer.
Finance Condition: This condition provides the buyer with a specified period to obtain unconditional finance approval from a lender. The buyer will be required to do everything reasonably necessary to have their loan approved.
Building and/or Pest Inspection Conditions: This condition provides the buyer with the ability to obtain a building and/or pest inspection report. If the report reveals a major structural defect or a major infestation, the buyer may terminate the contract on this basis.