We understand that buying or selling a property is one of the most important decisions to make in life and we believe that you should understand the process and Contract of Sale before you make this decision.
We are strong advocates for our clients, but above all we treat our clients as individuals
Residential, agriculture and commercial conveyancing
Monetary and non-monetary transfer, property refinancing
Certificate of Title Rectifications
Change in manner of holding
Residential conveyancing refers to the legal process of buying or selling and transferring a residential property from one party to another and this includes your house, residential land and/or apartment.
Agriculture conveyancing is the legal process of buying or selling farming land. While it may sound like a standard conveyancing process, there some unique issues to consider in agriculture conveyancing, such as conducting a survey on the land, determining if there are any boundary disputes, dealing with Crown leases or water licenses, or ensuring the zoning is appropriate for your needs.
Commercial conveyancing refers to the legal process of buying or selling or transferring a commercial property from one party to another. Properties that are considered “commercial” in nature include offices, retail shop lots, shopping centres and industrial properties such as warehouses or factories. There are several key issues to consider when buying or selling a commercial property is whether there are any leases that are subject to the transaction, any GST issues or is whether it is part of a business sale.
Eve Legal will guide you at each stage of the conveyancing process in:-
- Preparing and submitting the relevant paperwork (such as the contract of sale and or the memorandum of transfer);
- Conducting title searches on the property;
- Preparing or reviewing Vendor statements (also known as Section 32 statements);
- Liaising with the buyer, seller, real estate agents and or lawyers;
- Attending to negotiations and settlement;
- Advising on costs such as stamp duty, land tax and any concessions/exemptions.
Get in touch with us at 03 9000 5610 or email us at firstname.lastname@example.org for more information.
Buying or selling a property before the construction works have been completed is known as an off-the-plan sale or purchase. There are several important factors to note when buying off-the-plan property, such as the completion date, the deposit to be paid, the period between a buyer signing the contract and owning the property, land transfer duty to be paid, including any exemptions or concessions as well as any variation clauses in relation to the land.
Please refer to our article relating to residential conveyancing, our experienced team is here to assist you with your queries.
Whether you are seeking consultation for a property transfer as part of a deceased estate, breakdown of relationship or is actively seeking a transfer of property in the event of a change in personal circumstances currently affecting your family.
Eve Legal is here to help you with:
- Transfer the property in accordance with any Binding Financial Agreements or Family Court Orders.
- Gifting property to your family member(s).
- Liaising with your accountant in relation to any capital gains tax or other taxation issues.
- Apply for any stamp duty concessions, grants or to otherwise determining the amount of stamp duty you will pay.
- Refinancing loan.
- Parents transferring ownership of their home to their children through a Granny Flat Agreement.
Our lawyers can assist you at every step of a property transfer, from conducting due diligence on the property to requesting for a copy of the property title to completing and submitting the relevant paperwork for the transfer.
Contact us to find out more or to arrange a free initial consultation with an experienced lawyer.
To safeguard a landowner's interests, caveats are utilised. A caveat serves as a "freeze" on the subject property, preventing anyone from recording a transaction with it that might conflict with the interest of the person who filed the caveat. Consequently, a caveat notifies others of a land interest.
A caveat can be a cost-effective and easily accessible way to protect a client's interest or stop the sale of or other dealing in real property, provided that the caveat was lodged with proper basis.
Should however, the caveator lacked the necessary justification or a caveatable interest in the real property, the caveator could be held accountable for any damages sustained by the legal owner if they experienced a monetary loss because of the caveat.
Contact us to find out whether you have a caveatable interest or to contest a caveat lodged on your property.
At Eve Legal, we are able to assist you with title rectifications issues such as :-
- Your name/your company’s name is incorrect on the Certificate of Title;
- Your previous representative or lender failed to register a title and it was never transferred previously;
- Paper-based property transfer failed to be registered with Land Victoria.
Our team will ensure that you understand the options available to you and the costs involved in resolving any title issues you or your business may encounter.
For joint tenants, the survivor principle applies, the surviving joint tenants remain the owner(s), and a deceased joint tenant ceases to be an owner upon their death.
Whereas, if the party’s own property as tenants in common, they can dispose the property as they wish by selling or disposing same under a will. The shares owned by each tenant in common can be unequal or equal, it can also be owned using a percentage share such as 1% and 99%.
Unlike joint tenants, there is no right of survivorship. If one of the tenants in common dies, the other tenants in common will still only have their shares as per the original agreement.
If you have queries regarding a joint tenancy or tenants in common arrangement, our experienced team can answer your questions.