Angelowitsch & Associates

Lawyers you can trust for all your property needs

Conveyancing

We can assist you in all your conveyancing needs including:

Purchase of Real Estate Property

When purchasing real estate property, there are many considerations and investigations you should conduct before proceeding with and executing a Contract of Sale. Once you execute a Contract, subject to any cooling off period, you may lose your opportunity to terminate the Contract.

Purchaser step-by-step purchasing guide

We have summarised the purchasing process as follows:

  1. Finance – before looking to purchase any property, ensure that you are able to obtain finance from a lender, or other means. There is no point finding a property to purchase if you are unable to afford it, or obtain relevant finance to complete the purchase. A broker may assist you in securing a lender and help determine all the funds you may require to purchase a property. If you are having difficulty in obtaining or require finance, please review our Other Services page for a list of brokers.

  2. Investigation – ensure you have inspected the property and building works and are satisfied with its condition and state of repair. You should engage a building and pest inspector to inspect the property. If you cannot locate a building inspector, please review our Other Services page for a list of building inspectors. Also, measure the boundaries to determine the size of the property and compare that against the plans (plan of subdivision), contained in the Contract of Sale.

  3. Contract review – once you are satisfied with your finance and investigations and if the Vendor has accepted your offer to purchase the property, we highly recommend you engage a legal representative to review the Contract of Sale and Section 32 Statement, prior to execution and exchange. We will review the Title, Plan of Subdivision and any planning or other restrictions over the property, as well as make sure the conditions of the Contract are standard and satisfactory. We will also review the executed Contract and Section 32, to ensure it is enforceable and binding.

    For further details and information or an obligation free quote, please contact us on (03) 8390 4392 or info@aalawyers.com.au.

  4. Conveyance – once both parties have executed the Contract, we will complete the necessary paper work on your behalf and liaise with your lender and the other side (as necessary) in preparation for and in anticipation of settlement.

  5. Settlement – once everything is ready for settlement, we will book in settlement, advise you of the funds required for settlement, and attend settlement on your behalf. We will notify you once settlement goes through and notify the relevant rating authorities of the purchase on your behalf.

Purchasing Off-the-Plan

When purchasing a property Off-the-Plan (“OTP”), we recommend you engage a legal representative to review the Contract and Section 32 on your behalf, prior to executing any OTP Contract. An OTP property is a property that does not currently have its own Certificate of Title, whereby the Plan of Subdivision that specifies the property and creates the Certificate of Title, may not be registered for up to several years. You may be locked into the Contract for numerous years and only if the Plan of Subdivision is not registered by a specified date contained in the Contract, may either party be entitled to cancel the Contract.

An OTP Contract is not a standard Contract, and there are many different considerations that a Purchaser must be aware of, prior to signing the Contract. We will provide you with full comprehensive advice, to ensure you:

  1. Are satisfied with the Contract conditions;
  2. Are aware your obligations and the risks involved;
  3. Negotiate any necessary terms with the Vendor; and
  4. Are satisfied that the information relayed and provided by the selling agent aligns with the information contained in the Contract.

For further details and information or an obligation free quote, please contact us on (03) 8390 4392 or info@aalawyers.com.au.

Sale of Real Estate Property

When selling real estate property, you will need to ensure you provide accurate property information to your conveyancer before placing the property on the market, to ensure all the necessary property certificates have been ordered and placed into the Section 32 Statement. In the instance, incorrect or insufficient information is provided, a prospective purchaser may be entitled to cancel the Contract of Sale, prior to settlement. Further, if there is a delay in obtaining a necessary property certificate, a prospective purchaser may walk away.

Vendor step-by-step selling guide

We have summarised the selling process as follows:

  1. Agent – choosing the right selling Agent and marketing campaign is very important when selling your property. There are many different marketing campaigns and different pricing when selecting an Agent. Ensure you select a genuine Agent you can trust and one that will follow your instructions. The cheapest or most expensive are not necessarily the best. A local agent may better know the local selling market and how to achieve the best sale price.

  2. Contract and Section 32 – before placing the property on the market, you should engage a solicitor to prepare a Contract of Sale and Section 32 Statement for your property. You will need to provide accurate property information, to ensure all the necessary certificates have been ordered and placed into the Contract and Section 32. Our office will only order the necessary certificates to save you costs, and accordingly rely on the information you provide when preparing the Contract and Section 32. A prospective purchaser may be entitled to cancel the Contract, prior to settlement, if any incorrect of insufficient information is outlined in the Section 32 Statement.

    For further details and information or an obligation free quote, please contact us on (03) 8390 4392 or info@aalawyers.com.au.

  3. Contract review – once you have accepted an offer and execute the Contract, we will review the signed Contract and Section 32, to ensure you have a binding and enforceable Contract. We will then assist you in discharging any mortgages over your property, in anticipation of settlement.

  4. Conveyance – once you have an enforceable Contract, we will complete the necessary paper work on your behalf and liaise with your outgoing lender and the other side (as necessary) in preparation for and in anticipation of settlement.

  5. Settlement – once everything is ready for settlement, we will book in settlement, advise you of the funds we will receive from settlement, and attend settlement on your behalf. We will notify you once settlement goes through, bank any settlement proceeds into your nominated account and notify the relevant rating authorities of the sale on your behalf.

Selling Off-the-Plan

If you are considering selling property off-the-plan, please go to our Property Development page for further information.