Overview
Buying or selling real estate should be an enjoyable experience.
At Saines Lucas Solicitors, our team of experienced Property Lawyers and support staff do their best to provide a stress-free transaction with high quality service. Whether you are a first home buyer, property investor or commercial operation, our clients are our number one priority. Our strategy is to keep you informed throughout the transaction. Initially by providing pre-contractual legal advice, advice on negotiating critical terms of your transaction and an explanation of the legal process throughout the transaction, our practical team strive to ensure you meet settlement date on time without stress and the best outcome for you.
If things do go wrong, we have the legal expertise that a conveyancer cannot always provide.
As Property Lawyers we can also assist with:
- Commercial and Retail Leases and Agreement to Lease
- Subdivisions and Transfers
- Domestic and Commercial Conveyancing
- Trusts including Family Trusts, Discretionary Trusts, Land Trusts and Young Farmer Trusts
- Farm Leases and Share Farming Agreements
Our People
Colleen Harrison Walsh
Property Law FAQs
What is a Section 32?
- A Section 32 is a legal document that provides a potential purchaser with pre-contractual disclosure of crucial information relating to the property, such as zoning, local authority rates, any mortgages/caveats on title, easements on title, building permits issued for the property etc. A Vendor must also disclose any information that may affect the purchaser’s decision to purchase the property.
How do I know what a property is zoned?
The “Planning Property Report” issued by the Victoria State Government, provides for zoning of a property. The report is a free download from the Department of Transport and Planning.
Is there a cooling off period when purchasing a property?
Yes you may end a contract of sale within three (3) clear business days of the day you sign the contract subject to exceptions and nominal costs.
What is a caveat?
A caveat is an encumbrance registered on the title to the property warning to the world that another person has an interest in the property that must be satisfied.
What is an easement?
An easement is a legal right of someone else (other than the owner) that is registered on the title to the property. Easements come in many forms, but the most common form of easement is for the protection of essential services such as water and sewerage.
What is an owners corporation?
It is a legal entity created to manage multi-occupational buildings such as apartments and units and its basic form for the purpose of maintaining common areas, gardens, lifts and driveways etc shared by all occupants.
What additional costs are there when buying a property?
Stamp duty, financier costs, Land Victoria fees, adjustment of local authority rates, owners corporation fees (if applicable) and legals costs and disbursements.
How can I be assured that all outstanding council and rates, vendor debts relating to the property are paid before I take possession?
The role of your lawyer is to ensure that all debts and outstanding rates relating to the property will be paid by the vendor at settlement.
Do I need a lawyer or can I just use a conveyancer?
A lawyer and conveyancer will charge very similar legal fees for a real property purchase or sale transaction. If your transaction is complex or involves caveats registered on title, financing problems or contingent transactions a Lawyer is the better choice from the outset.
Do I need a building or pest inspection before buying a property?
Depending on the the type of structure, a prudent purchaser should always arrange for these reports. A report issued by a qualified professional will disclose defects in the property such as any unseen structural issues, cracks, rising damp, pest infestation. These reports are an effective tool in ensuring the home is pest free and structurally stable.