Conveyancing Services

We offer a fixed fee service

Parkston Lawyers offers fixed fee, cost-effective conveyancing services for buyers and sellers of commercial and residential property throughout Melbourne, and in particular South-East Melbourne.

Do I need a lawyer, or, just a Conveyancer?

Our Conveyancing Lawyers bring additional experience, knowledge and problem-solving skills as solicitors that conveyancing firms simply cannot provide. This can be invaluable especially if difficult and tricky situations arise during your sale or purchase.

What you should do as a seller: Section 32

As a seller, you need to ensure that all relevant information about your property is adequately disclosed to the buyer before they sign a contract of sale. This is done in a section 32 statement. A section 32 statement, which refers to section 32 of the Sale of Land Act should set out all relevant information that a buyer of a property would want to know and attach relevant property certificates, including council rates, water rates, land tax and planning and zoning information. If a seller fails to disclose relevant information in a section 32, the buyer may be able to cancel the contract of sale and recover their deposit. If the property you are selling is a commercial or industrial property, you will also need to ensure that you charge GST on the sale unless the property is rented at settlement. If you have built an extension, a verandah, a carport or any other building works at your home without engaging a licensed builder, you will classed as an ‘owner-builder’ by the Victorian Building Authority (VBA). Before you sell your property to a buyer, you need to disclose such works to the buyer and provide them with a condition report that is no older than 6 months from the date of the contract of sale. The condition report must be prepared by a qualified builder or building inspector and needs to state that the works are in an acceptable condition and that there are no defects. If your works are valued at more than $16,000, you also need to provide a buyer with a copy of a certificate of domestic building insurance for those works. If a seller fails to disclose all relevant and required information in a section 32, the buyer may be able to cancel the contract of sale and recover their deposit.

What you should do as a buyer: Section 32

As a buyer of a property, you want to ensure that your lawyer or conveyancer properly reviews the contract of sale and section 32 statement and gives you full advice about the property. This includes confirming whether all services are connected to the land, the total outgoings payable, whether there are any restrictions on the property, such as easements, covenants and section 173 agreements, and any council planning and subdivision restrictions and requirements. You should also ensure that your purchase is subject to loan approval if finance is required to buy the property, and that an adequate period is negotiated with a vendor for finance approval to be granted. You should also ensure that the contract of sale is subject to a satisfactory building and pest inspection report being obtained. If you are purchasing commercial or industrial premises and if GST is payable on the purchase, you have to ensure that you are registered for GST and that the seller provides you with a valid tax invoice at settlement so that you can claim the GST component of your purchase. Parkston Lawyers has assisted hundreds of clients with such matters over the years and we would be delighted to assist you.