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Property Law

We will provide you with advice in relation to your Contract of Sale before or after you sign it.

Purchasing your new home can be daunting. We will assist you step by step and guide you in the right direction and have professional connections with Mortgage Brokers that will be able to assist you. If you are selling your home, we can prepare your Contract of Sale and introduce you to a team of Agents that will be able to guide you.

We are skilled in preparing Contract of Sales for:

  1. Vacant Land
  2. Residential homes
  3. Off the plan purchases
  4. Auction contracts
  5. Strata units and apartments
  6. Commercial property


Buying a Property

It is vital that we:

  • Review your Contract of Sale and Section 32 Statement in details to assess any possible issues that may arise
  • Advise you in relation to obtaining building and pest inspections when investing a large sum of money into a property
  • Calculate the total amount of fees that you will require at settlement including the stamp duty and registration fees
  • Investigate whether you are eligible for any government subsidies including first homeowner grant, stamp duty exemptions and principal place of residence stamp duty reduction.
  • Prepare your Statement of Adjustments including Council, Land Tax, Water and Owners Corporation fees (if applicable) and notifying the relevant authorities once your property has settled.
  • Advise you in relation to your cooling off period.


Selling your Home

It is vital that we:

  • Prepare your Contract of Sale and issue any title and planning searches required by law.
  • Assist in selling your home at auction and negotiating on your behalf.
  • Negotiate terms and conditions for the sale of your property.
  • Advise you on the process from start to finish.

Let us help you!

If you need assistance, feel free to contact us. We will get back to you within 24-hours.

0403 381 957 or 0478 665 548

We have offices in Melbourne and Adelaide.

admin@msalawyers.com.au Mon – Fri 8:30AM-5:30PM AEST

Frequently Asked Questions

What enquiries should be made to protect against potential risk when purchasing a property?

The relevant searches are usually conducted by your legal representative when purchasing a property. The following are some of the relevant reports and searches that should be obtained and are the initial due diligence searches that should be regarded essential when deciding if you wish to purchase a property.

· Title Search – The most important thing to do first is to check that the person who is selling the property is the person listed on the title. If it is found that the person selling is not registered on the title then you must determine if they have authority to do so. Further, the title search will also reveal any other interests that any other party may have in the property like a lease or mortgage for example.

· Survey of the Registered Plan – To be certain of the boundaries of the property you should ensure you obtain a survey of the land to satisfy this.

· Building and Pest Inspection – Building and Pest Inspection reports are vital because you need to know that the quality of the structural integrity of the build is sound and that any infestation of termites has been attended to.

What is Stamp Duty?

Is a tax that is paid on a property when it is transferred. The amount of duty is determined by the value of the property being transferred.

How long is the Cooling Off period?

This is a statutory right that allows a buyer to terminate the contract after receiving a copy of the contract signed by both parties. The cooling-off period will last 3 business days. If the contract is signed on a weekend the period will start on the next business day. If the 3 business day period is interrupted by a day that is not a business day for example a public holiday, then it will continue on the next business day.

When do I pay the deposit?

The deposit is usually payable on the day the buyer signs the contract for purchase unless otherwise indicated by the contract.

What is Settlement?

The settlement is the event of payment for ownership of the property. At settlement, payment is made and the necessary documents are exchanged. Settlement is completed online through Pexa and the agent will hand over the keys on the settlement day to the purchaser.

What is an Easement?

An easement is a non-possessory right to use another person’s land for a particular purpose. An easement has the effect of benefiting one parcel of land whilst burdening the other. An example of this is a right of way easement, it allows someone to travel over the property of another.

Easements are attached to the land in which they grant rights to and may be registered on the property title. This means that when a property is purchased, the easement will remain despite the change in owners.

Are you looking for someone to help?

Let us help you! Call us now : 0403 381 957 | 0478 665 548

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