Solicitor in Melb
- Thread starter chb
- Start date
I've used Moores Legal (03 9898 0000) 3 or 4 times, I've used Eric Choo(sp?) and Andrew (can't remember surname) there . They're a medium sized legal firm in Box Hill. Can't say I've had a lot of other experience with other solicitors, I've been happy them so haven't had to try any others.
Solicitors can vary a lot in price. I deal with some who are around the $650 + GSTmark to up to $1200 (excl disb).
I can put you in touch with one in Brunswick who'll certainly look after you. think he's normally $700 odd but he's been happy to look after some of my clients for $600-$650 (no kick-backs this way either BTW).
Regards
Steve
I can put you in touch with one in Brunswick who'll certainly look after you. think he's normally $700 odd but he's been happy to look after some of my clients for $600-$650 (no kick-backs this way either BTW).
Regards
Steve
Hi chb
Do you want a solicitor or a conveyancer?
Try www.francistorrens.com.au
These are the 'original' conveyancers in Melbourne and have a long and venerable history. Details are on their website
Hope this helps
Kristine
Do you want a solicitor or a conveyancer?
Try www.francistorrens.com.au
These are the 'original' conveyancers in Melbourne and have a long and venerable history. Details are on their website
Hope this helps
Kristine
I'm not even too sure myself! This is my first time buying and i'm not too sure of the process. I'll receive contracts sometime this week so I guess i need someone to look at the contracts to make sure its all legit and to give advice?
Conveyancing is for the actual physical land isn't it? The land doesn't settle til roughly Mar/Apr 09 so do i acquire the services of one then? What will the conveyancer tell me?
@Bradsdad/Twitch , Cheers for that! Will definately keep them in mind when I receive the contracts.
Hi chb
The 'conveyancing' part of the transaction is actually a misnomer
'Conveyancing' used to happen when deeds were physical. People used to hand all the documents relating to the whole chain of ownership from the vendor to the purchaser
Since 1967, Victoria has used the Torrens system of registration of ownership. The register is held by the Government and the ownership of the land is now 'transferred' from one party to another
However, the general term 'conveyancing' has stuck so yes, we do refer to the change of registration when we use the term. Change of registration cannot happen until after settlement
Reading the contracts is, essentially, your responsibility. The other party, or their solicitor, conveyancer or real estate agent prepares the Contract of Sale. This must be in accordance with the Sale of Land Act, and the Property Law Act of the relevant State or Territory. The Sub-Division of Land Act may also apply, as may other Acts eg probate requirements.
There may be additions to the provisions of the Act/s and these would appear as Special Provisions. There may also be Easements or Covenants affecting the land, and the land may also be subject to mortgages, caveats or other instruments of restriction, such as planning or road widening.
The conveyancer or solicitor will, in the first instance, have a title search made to ensure that the vendor has the legal right to sell the land. This search may be done immediately and also on the day before settlement, to make sure that no further dealings have been made with the property.
The conveyancer or solicitor searches the title, the council and water records, the flood data, the roads authority etc to make sure that you are not buying a property encumbered by anything which is registered or not registered. They also send a list of questions - 'Requisitions on Title' to the vendor/s representatives and ask if there are any other matters affecting the title which may not appear during the usual searches eg notices to fence.
The responsibility to ensure that you are buying what you think you are buying, however, lies with you, and you will be advised to check the boundaries of the land and the common description of the land. You may want to engage a surveyor for a 'check survey' if you think that eg the neighbour's garage is over the boundary line, or that the numbering in the street looks to be strange - is the building on the right block? Are you getting all the land you are paying for?
So, yes, you can nominate a solicitor / conveyancer to peruse the contract before you sign it, and they will run the title search at that time. After the contracts have been signed and exchanged there must be a 'material' problem for you to withdraw from the sale.
But in the first instance it is all up to you. You were the one involved with the discussions with the vendor or their agent. Only you know what you 'think' you are buying. Read the contracts first yourself. Essentially the contract will say:
Billy Bloggs, of (address) sells the property to chb, of (address) for $x, of which a deposit of $y is paid on the signing hereof or at an agreed future date. Settlement will be at (date) at which time the purchase becomes entitled to vacant possession / rents and profits. Special Conditions: Subject to registration of the Title no later than (agreed date), subject to finance etc
If the conveyancer / solicitor notices anything untoward in the Contract they will alert you to this, or anything which does not comply with something you may have told them eg you negotiated that the Deposit would be 5% but 10% has been written into the Contract.
It sounds as if you are buying new land or a property to be constructed 'Off The Plan'. Engaging a conveyancer / solicitor now simply means that they will perform the preliminary checks and searches and will be able to receive notices on your behalf from the vendor / developer between now and the proposed settlement date. They will also liaise with you and your financier (if you have one) to ensure that when the notice to settle arrives that the file is ready to go. They will then attend to settlement on your behalf and notify the relevant authorities of the change of ownership as well as lodging the Registered Proprietor Transfer of Land and other official documents with the Titles Office.
Does this help?
The first purchase is a sharp learning curve but hopefully a pleasant one. It's all been done many times before, but not by you, so take is easy but make sure you protect your interests at all time.
Read the Contract yourself, but engage a conveyancer / solicitor to make sure that the legal requirements of the sale are performed appropriately
Regards
Kristine
The 'conveyancing' part of the transaction is actually a misnomer
'Conveyancing' used to happen when deeds were physical. People used to hand all the documents relating to the whole chain of ownership from the vendor to the purchaser
Since 1967, Victoria has used the Torrens system of registration of ownership. The register is held by the Government and the ownership of the land is now 'transferred' from one party to another
However, the general term 'conveyancing' has stuck so yes, we do refer to the change of registration when we use the term. Change of registration cannot happen until after settlement
Reading the contracts is, essentially, your responsibility. The other party, or their solicitor, conveyancer or real estate agent prepares the Contract of Sale. This must be in accordance with the Sale of Land Act, and the Property Law Act of the relevant State or Territory. The Sub-Division of Land Act may also apply, as may other Acts eg probate requirements.
There may be additions to the provisions of the Act/s and these would appear as Special Provisions. There may also be Easements or Covenants affecting the land, and the land may also be subject to mortgages, caveats or other instruments of restriction, such as planning or road widening.
The conveyancer or solicitor will, in the first instance, have a title search made to ensure that the vendor has the legal right to sell the land. This search may be done immediately and also on the day before settlement, to make sure that no further dealings have been made with the property.
The conveyancer or solicitor searches the title, the council and water records, the flood data, the roads authority etc to make sure that you are not buying a property encumbered by anything which is registered or not registered. They also send a list of questions - 'Requisitions on Title' to the vendor/s representatives and ask if there are any other matters affecting the title which may not appear during the usual searches eg notices to fence.
The responsibility to ensure that you are buying what you think you are buying, however, lies with you, and you will be advised to check the boundaries of the land and the common description of the land. You may want to engage a surveyor for a 'check survey' if you think that eg the neighbour's garage is over the boundary line, or that the numbering in the street looks to be strange - is the building on the right block? Are you getting all the land you are paying for?
So, yes, you can nominate a solicitor / conveyancer to peruse the contract before you sign it, and they will run the title search at that time. After the contracts have been signed and exchanged there must be a 'material' problem for you to withdraw from the sale.
But in the first instance it is all up to you. You were the one involved with the discussions with the vendor or their agent. Only you know what you 'think' you are buying. Read the contracts first yourself. Essentially the contract will say:
Billy Bloggs, of (address) sells the property to chb, of (address) for $x, of which a deposit of $y is paid on the signing hereof or at an agreed future date. Settlement will be at (date) at which time the purchase becomes entitled to vacant possession / rents and profits. Special Conditions: Subject to registration of the Title no later than (agreed date), subject to finance etc
If the conveyancer / solicitor notices anything untoward in the Contract they will alert you to this, or anything which does not comply with something you may have told them eg you negotiated that the Deposit would be 5% but 10% has been written into the Contract.
It sounds as if you are buying new land or a property to be constructed 'Off The Plan'. Engaging a conveyancer / solicitor now simply means that they will perform the preliminary checks and searches and will be able to receive notices on your behalf from the vendor / developer between now and the proposed settlement date. They will also liaise with you and your financier (if you have one) to ensure that when the notice to settle arrives that the file is ready to go. They will then attend to settlement on your behalf and notify the relevant authorities of the change of ownership as well as lodging the Registered Proprietor Transfer of Land and other official documents with the Titles Office.
Does this help?
The first purchase is a sharp learning curve but hopefully a pleasant one. It's all been done many times before, but not by you, so take is easy but make sure you protect your interests at all time.
Read the Contract yourself, but engage a conveyancer / solicitor to make sure that the legal requirements of the sale are performed appropriately
Regards
Kristine
Hi Kristine,
Thanks very much for all that info! Was a very interesting read indeed
I think i'll end up going with a solicitor and see how that goes. Apparently the contracts was sent out last week and i've been in Brisbane so it should be waiting in the mailbox when I get back.
I'm going to be buying a piece of land in an estate so i can't do all those survey checks etc as the land isn't ready. So from what i gather, if i hire the services of a solicitor/conveyancer now then all/most correspondences will go through them from the developer and then to us?
Sounds good...exciting times ahead
Thanks very much for all that info! Was a very interesting read indeed
I think i'll end up going with a solicitor and see how that goes. Apparently the contracts was sent out last week and i've been in Brisbane so it should be waiting in the mailbox when I get back.
I'm going to be buying a piece of land in an estate so i can't do all those survey checks etc as the land isn't ready. So from what i gather, if i hire the services of a solicitor/conveyancer now then all/most correspondences will go through them from the developer and then to us?
Sounds good...exciting times ahead
