Westgate Conveyancers

Real estate in victoria
Saturday, Mar 30, 2024

Victoria Real Estate: A First-Time Buyer’s Guide

Written by westadmin

Acquiring an initial residence may be a daunting and demanding endeavor. As a novice purchaser, you may possess knowledge about several concessions that can assist you in commencing your purchase, although you may not have a precise understanding of their specific details.

Westgate Conveyancing can guide you in navigating the intricate aspects of acquiring your property, from identifying appropriate properties to finalising the acquisition. Of your first real estate in Victoria.

Strategies for Buying Real Estate in Victoria

Private Treaty

Buying a house through a private treaty is a popular method. Following talks, the vendor will select a reasonable price, and the real estate agent will make an effort to organise a transaction with interested parties for as close to the amount as feasible.


When purchasing a home through a tender, you submit a single bid and pay a deposit equal to up to 10% of the total cost. The vendor will then have the option to accept or reject the offer.


Purchasing a home requires reaching a reserve price, which is the least amount the property must sell for, just like it does at any auction. The highest bidder prevails when it surpasses the reserve, which happens frequently. The winner of the auction must immediately sign the contract when it concludes.

Determine your financial situation

Organise your money

Create a budget to determine how much you can pay back each week. Additionally, you may calculate the time it will take you to save enough money for a deposit.

Be aware of the maximum amount you may borrow as well as the payback amount. Be sure to account for increases in interest rates.

Recognise the expenses

Add up all of your additional expenses, including stamp duty, Victoria conveyancing services, rates, and inspection fees.

Recognise the grants and concessions you are eligible for

The State Revenue Office maintains an exhaustive roster of all discounts and concessions available to first-time homebuyers in Victoria, which includes:

  • Principal Place of Residence (PPR) concession
  • Stamp duty exemption or waiver
  • First Home Owner Grant (FHOG) for new construction
  • You can be qualified for the Defense Home Ownership Assistance Scheme (DHOAS) if you serve in the armed services.

Obtain Pre-Approval

Conducting a thorough examination of your choices in Victoria is crucial. It is important to identify the suburb that most effectively aligns with one's requirements, as each of these regions possesses distinct attributes.

Take into account variables such as proximity to a workplace, an educational institution, facilities, and public transportation.

Engage Experts

To facilitate a seamless and legally compliant acquisition, it is advisable to consider engaging in collaborative efforts with professionals such as legal practitioners, Victoria conveyancing services, and building inspectors.

They can assist you in conducting thorough research, examining properties, and evaluating contracts.

Government Grants and Concessions

Remember to look into any government grants or concessions that Victoria may offer to first-time buyers. These incentives can help with finances and increase accessibility to homeownership.

Real Estate Victoria

Hidden expenses related to buying real estate in Victoria

It's common knowledge that there will be costs associated with purchasing your first house. 

Let's examine a handful of them.

Stamp duty

  • Recent modifications to this fee have been notified by the Victorian government. Stamp duty does not apply to contracts entered into after July 1, 2017, if the dutiable value of your property is $600,000 or less. 
  • Unless they are utilized as vacation or investment property, Victorian houses are free from land tax. Visit the website of the State Revenue Office to learn more about land tax.
  • Legal expenses might vary greatly, from $500 to $3,000, depending upon the intricacy of the contracts.
  • A $1,000 application fee is possible, but it's not common. The lender may occasionally waive the cost.
  • The cost to have a home evaluated independently is between $300 and $500.
  • Lender mortgage insurance may be imposed if you borrow more than 80% of the asking price for your new house. The total amount of this one-time payment is $10,000.
  • The price range for a house inspection is $300–400. A strata report costs $200, which is somewhat less.
  • Council dues and strata fees will cost you between $500 and $800 and start upon settlement.
  • We can go over these costs with you in further depth if you get in touch with the knowledgeable staff at Westgate Conveyancing, who can help with conveyancing services for buying in Victoria.

Get your documents ready

Get pre-approved financing in place if you want to purchase at auction. If you purchase at auction, you cannot, without the vendor's consent, subject the contract of sale to financing.

Request an information statement from the agents. Enquire with the agent about any objects that seem to be fixtures of the house but could be personal chattels that the seller might remove at settlement.

A building and pest inspection

If the residence was built before 1990, you can get an asbestos evaluation if one isn't available. If you want to buy at auction, get the inspection report before the auction since you can't apply limits without the vendor's approval. Try to make a private sale reliant on a building inspection. 

  • Assemble the paperwork needed to apply for a pre-approval and a home loan. This includes identification documentation, pay stubs or tax returns that show the borrower's ability to repay the loan, savings account statements, or proof of a deposit.
  • Ensure that your deposit is ready so you can pay the agent when they want it.
  • Create a plan for submitting an offer for a private sale or placing a bid at an auction.
  • Recognise your rights to a cool-off period.

In Victoria, where should you seek a place to call home?

If you're looking for real estate in Victoria, getting in touch with Westgate Conveyancing is a wonderful way to start.

They would be delighted to assist you in finding your ideal house because they have extensive knowledge of the market of real estate in Victoria.

Do home inspections matter?

Indeed, they do. You will learn more about your property than simply its exterior and be better able to negotiate a higher price with the seller.

If you buy without an inspection, you risk getting a house that needs substantial modifications, increasing your costs. Hire a Victorian Building Authority-registered home inspector.

Agreement for Sale

The contract of sale is one of the most significant documents when purchasing your first real estate in Victoria. It contains important information concerning the deal, like:

  • Contact information (including addresses) for the buyer, seller, and any parties to the transaction
  • How the deposit is made, when it's made, and where it is stored
  • When the title will be transferred, the time and date of the final settlement
  • How long is the cooling-off period (three business days in Victoria)?
  • Other terms of the sale, such as whether or not it is subject to finance

It may be beneficial to retain the services of a solicitor to guide you through the contract of sale, since it may appear to be a complex document. This will assist in resolving any potential issues.

Completing the transaction

Private Treaty

When you've located the ideal home, you should submit an offer. Make sure you've determined how much you can afford as well as how much you're willing to pay.

Will you make a big offer right away or keep it low?

You choose your strategy! Every written offer and counteroffer must be accompanied by your signature. It is legally required of the agent to forward all bids to the vendor as quickly as possible.

The seller will then have the option of accepting or rejecting the offer. Until both sides reach a final agreement on a price, the price is frequently discussed. Contracts of sale will be signed and exchanged, and the deposit will be paid once a price has been agreed upon.

At last, the settlement procedure starts, and as soon as you sign, the three-day cooling-off period starts. Use this opportunity to review the sales deal.


To participate in a Victorian auction as a first-time buyer in Victoria, you have to register in advance with the agent. All bids will be recorded, and an auctioneer will oversee the proceedings.

The seller will select a reserve price, or the lowest amount that the house will sell for, before the proceedings start.

The successful bidder will often have to sign the contract on the day of the auction if their offer is higher than the reserve.

Along with losing the opportunity for an inspection or cooling-off period, you will also be required to pay the deposit.

Connect with Wesgate Conveyancing on Facebook and Instagram.

7 stages of the conveyancing process when buying in VIC
Wednesday, Mar 27, 2024

7 stages of conveyancing when buying property in VIC

Written by westadmin

Purchasing real estate or land is a thrilling and momentous choice, and this article is loaded with unfamiliar terminology and documentation. Rest assured, we are here to simplify the process for you in terms of buying property in Victoria.

Daily, we assist individuals in purchasing real estate, and we have simplified the process into seven straightforward phases. The procedure may not always be effortless, but our staff will be by your side during every stage of the journey.

Conveyancing process for buying in Victoria: 7 Steps of Buying

Stage 1: Obtain a contract review.

Before signing a contract and making a commitment to purchase a property, it is important to have it thoroughly examined by an expert. Our staff may assist by negotiating on your behalf to ensure that the contract is equitable and favourable to you, without any unexpected drawbacks. 

Upon reaching satisfaction with the contract, you may affix your signature to it. Subsequently, upon its exchange, whereby it is returned to the seller, the contract will acquire the status of a legally binding agreement between you and the seller.

Stage 2: Conveyancing the Initiation Kit

We shall despatch to you a document known as a 'conveyancing beginning kit'. Enclosed are several documents that require your careful reading and comprehension. Subsequently, there are further documents that necessitate your signature. Completing this form is your responsibility, and you must do it promptly. By doing this, we will be able to initiate the extensive procedure, which will increase the likelihood of you settling within the specified timeframe.

Throughout the journey, we will handle all the tasks that are within our control. Our experts will guide the process, ensuring that you are kept informed about progress and any intricacies or challenges that may arise.

Stage 3: Authenticate your identity.

Purchasing a property entails the legal process of registering oneself as the official owner. To accomplish this formally, you must obtain identity verification. This will ensure that the title deed is transferred to the correct individual, which is yourself. 

You will receive a Land Title Verification of Identity form, which you must complete. To verify your identity, you will need to present your passport or birth certificate, as well as a driver's licence or identification card.

Stage 4: Ensure that your money is prepared.

Next, you will need to organise and align all of your financial matters. By "that," we are referring to the necessity of organising and preparing all financial aspects. If you have obtained a loan from a bank, it is necessary to communicate with them and verify the availability of cash to settle the loan.

To enhance convenience and simplicity, we utilise electronic settlement for all parties involved. It helps in the automated and expeditious payment of payments.

Stage 5: Coordinate the pre-settlement inspection.

Before the completion of all formalities during the settlement process, it is advisable to schedule a property inspection. This will ensure that no significant changes have occurred since you signed the contract, such as any damage to the walls during the previous owner's move-out process. Additionally, it allows you to verify that the seller has fulfilled any necessary repairs or contractual obligations.

Stage 6: Final Closing Day

Today is the long-awaited day. All aspects of the matter have been completed and finalised as part of the process of buying a house, including the necessary signatures, official documentation, and delivery. 

The purchaser and vendor will convene with their legal representatives and the real estate agent to complete the transfer of final paperwork, facilitate the payment transaction, and transfer possession of the keys to your newly acquired residence. Although there are still some administrative tasks to be completed, you may already celebrate and unwind by opening a bottle of champagne.

Stage 7: Obtain a post-settlement letter and papers

The concluding phase of conveyancing occurs when you receive all the ultimate documentation. You have now assumed the formal ownership of the title deed, and all financial transactions and documentation have been finalized. It is advisable to organise and retain these significant papers.

Now is the opportune moment to contemplate hosting a housewarming celebration or simply take a moment to relax and unwind. You have reached your destination after a lengthy voyage. Congratulations on your achievement, and welcome back to your home. 

7 stages of the conveyancing process when buying in Victoria

Besides the above, the internal heart and nub also include the below.

Contract of Sale and the Vendor's Statement

When you express interest in purchasing a home, the seller or real estate agent will provide you with a contract of sale and the vendor's statement as part of the buying conveyancing process. You need to check these documents carefully.

The contract should include:

  • Property Specifications
  • The names of both the buyer and the seller
  • If you are utilising an agency, please include their details.
  • Information on the legal practitioner or conveyancer representing both the buyer and the seller.
  • The agreed-upon price with the seller
  • The specified deposit amount
  • The remaining amount of the purchase price is still owed at the time of settlement.
  • The agreed-upon settlement term between you and the seller.
  • Items at the property that are part of the purchase

Before selling a property in Victoria, the seller must provide the buyer with a vendor's statement, also known as a Section 32 statement. The statement must include information on the property’s title, including:

  • Mortgages
  • Covenants
  • Easements
  • Zoning refers to the process of dividing land into different zones or areas for certain purposes, such as residential, commercial, or industrial use. 
  • Outgoings, such as rates, are expenses that need to be paid by property owners, often to local government authorities, for services provided in the area, such as garbage collection.
  • Declaration if situated in a bushfire-prone region
  • A vendor's statement is a legally binding document that must contain accurate and truthful information. If the vendor has provided insufficient or incorrect information, you have the option to withdraw from the sale or pursue legal recourse against the seller.

Final Words: Why Westgate Conveyancing?

At Westgate Conveyancing, we alleviate the anxiety associated with purchasing a home.

By now, you already know that the sale of the property is complete once you make the full payment for the purchase price, in return for the seller giving you the transfer documentation and the certificate of title. At this juncture, the ownership of the property is transferred to you.

The property must be transferred to the same state as it was on the day of its sale, as stated in the conveyancing process for buying in Victoria. As the purchaser, you should conduct an inspection within the week leading up to the finalisation of the transaction to verify this. Your legal counsel will notify authorities of a transfer of ownership.

As Victoria residential property buyers and sellers, we have extensive experience. All conveyancing laws are known to us.

Finish chores quickly and efficiently. We realise your time is precious; therefore, we don't want to delay buying your ideal house.

We are recognised for our "value for money" services that save clients money.

Outside of normal business hours, provide both in-person and telephone support. We strive to be accessible at all times since we know that purchasing a home does not adhere to traditional office hours.

Visit us or give us a call on 03 9917 8496

7 stages of the conveyancing process when selling in VIC
Wednesday, Mar 13, 2024

7 Stages Of Conveyancing Process When Selling In VIC

Written by westadmin

The transfer of real estate from a seller to a buyer is referred to as conveyancing. The process as a whole may also refer to the procedure by which a mortgagor grants a mortgage to a mortgagee. Financing the conveyancing procedure may take up to four or five weeks.

Conveyancing Process Outline

Depending on whether you wish to purchase or sell a home, there are differences in conveyancing. Conveyancers, then, make sure the seller has the legal right to sell you a property. We refer to this as a title search. In addition, VIC Homes conveyancing does the following tasks:

  • They review the seller's contract and provide the important details.
  • They keep an eye on important deadlines.
  • They serve as a go-between for you and your financier, ensuring that there is sufficient cash available for the settlement time.
  • Conveyancers assist in setting up the stamp duty payment.
  • They go to a settlement to get the property title on your behalf.

A conveyancer functions differently when dealing with sellers. Here is the conveyancing checklist, Victoria:

  • Verifies that purchasers follow the terms and conditions of the contract.
  • Ensure all deadlines are fulfilled and payments are made in full and on time.
  • Plan the mortgage payments for the property.
  • Keep an eye on your settlement.
  • Get the final settlement statements ready.
  • Notify the authorities that you are selling.

Conveyancing process in Victoria

Step 1: Drafting the contract and preparing the vendor statement

You must have a formal contract in place before you ask someone to sign it and pledge to purchase your home. For you, one of our attorneys can create an equitable and skewed contract in your favour. To ensure that all pertinent information regarding the property is provided and that your best interests are taken into consideration, a vendor statement is also required. The next stage of the procedure may start as soon as the buyer signs the vendor statement and contract and you are satisfied with both.

Step 2: Begin Conveyancing

Something known as a conveyancing Victoria starter pack will be sent to you. A few documents are enclosed for you to read and comprehend, after which you will sign a few documents. We are unable to assist you with this paperwork; therefore, you must do it as soon as you can. This will help us get through the drawn-out process more quickly and increase the likelihood that you will settle on schedule.

Step 3: Confirm your identification

You must attest that you are the legitimate owner whose name appears on the title deed to sell your home. You'll need to receive an identification verification to accomplish it formally. You will be required to furnish your passport or birth certificate, along with a driver's licence or identification card, as proof of identity. Our staff will issue you a Land Title Verification of Identity form to fill out.

Stage 4: Money transfer

The next thing to do in the process of selling a house is to check that all of your funds are in order. For instance, you must fill out a mortgage discharge form for your bank if you have a house loan. Make sure everything is set up for you to receive the money if the buyer is transferring payments to you. We utilise PEXA so that it is easier and more comfortable for you, allowing for electronic settlement for all parties. PEXA enables speedy and automated financial payments.

Step 5: Inspection before settlement

Before everything is finalised during settlement, the buyer might wish to schedule a home inspection. They'll be checking to make sure, for example, that no damage was done to the walls during your move-out and that nothing has changed since the contracts were signed. You should ensure everything is ready for them by this day, as they will be checking to see whether any particular requirements were met.

Step 6: Day of Settlement

You've been waiting for this day. Everything has been delivered, sealed, and signed officially. We have submitted the necessary paperwork to the Land Titles Office for the process of selling your house, and we have transferred the money needed to sell your property. While we still have some last-minute paperwork to do for you, feel free to celebrate and unwind for the time being.

Step 7: Get the documentation and post-settlement letter

Congratulations! Your property has been officially sold! You will get documentation from our staff that you must save and file away. It's been a long road, but congratulations—you've made the deal.

buying a house in VIC


A conveyancing job in Victoria is to represent your interests at every turn, whether you want to purchase or sell real estate. A conveyancer's job while representing a buyer is to draft and file all legal paperwork, including the sale contract. A buyer's conveyancer will also handle the financial aspects, such as making any deposits into a trust account and doing any computations for adjustments about rates and taxes.

A conveyancer who is representing the person or company selling the property will complete the required legal paperwork, address any title-related enquiries, and handle important issues like a buyer's request for a date extension.

Why do you select Westgate Conveyancing?

At Westgate Conveyancing, we remove the anxiety from purchasing a home.

We have great expertise and are experts in Victoria real estate purchases and sales. We are familiar with all conveyancing-related regulations and laws. Everyone values their time, so we want to make sure you buy your ideal home.

We have a reputation for providing some of the greatest low-cost, "value for money" services, which help our clients save money.

Provide a phone call and personal touch after regular office hours. Because we recognise that purchasing a home doesn't happen only during business hours, we make every effort to be accessible when you need us.

For a free pre-contract review, get in touch with us right now.

stamp duty victoria
Wednesday, Mar 06, 2024

Stamp Duty Victoria

Written by westadmin

Stamp duty is applicable in Victoria for all land transfers, including gifts. The purchaser must pay a land transfer duty equal to either the property's market value or the consideration (price paid), including any GST, unless a discount or exemption applies.

Victoria stamp duty rates are determined by the state governments based on specific regulations regarding responsibility; therefore, they differ from one another. Nonetheless, stamp duty will rise in tandem with property prices across the board. Your eligibility for exemptions and concessions will determine the final amount you pay, along with the value of your properties and the state in which you reside.

As a result of differences in calculation between the respective state tax offices, stamp duty in other parts of Australia, such as Melbourne and Brisbane, will appear different.

What is stamp duty in Victoria?

Stamp duty applies to real estate purchases. Stamp duty is a part of the property's acquisition price paid to Victoria. Victorian stamp duty averages tens of thousands, in addition to their deposit, mortgage, and other home-buying fees.

Victorian Stamp Duty Exemptions and First-Time Buyers

Up to $600,000 in stamp duty is free for first-time buyers in Victoria. Only citizens of Australia can make a purchase. Even for homes with a value higher than this, first-time purchasers can be eligible for a discount. You can't buy a run-down house as an investment; it has to be your primary abode. As a first-time buyer, you'll have to fork over $32,141 to cover the home's dutiable value of $725,000.

Additional exemptions exist for some groups, such as qualifying pensioners, beneficiaries of a decedent's estate, off-the-plan buyers, and farm exemptions. The State Revenue Office in Victoria is the place to go if you think you might qualify for a Victorian stamp duty exemption or discount.

When do you pay stamp duty (VIC)?

The land transfer duty must be paid when the property is sold. If stamp duty is not paid within 30 days of settlement, fines and interest may apply.

Who is eligible for the Victorian stamp duty concessions on house buyer duty?

  • No prior exemptions or concessions under this plan are valid for this one-time offer.
  • Unless you get a waiver, you must be at least 18 years old when the settlement or building is done.
  • Either one of the applicants must be an Australian national or live there permanently.
  • You have to live in the house as your main home for at least twelve months, starting within the first year of settlement or building completion.
  • Before July 1, 2000, you did not live in Victoria.

Older citizens and those with concession cards

For house purchases under $750,000, seniors and concession card holders may qualify for a one-time Victorian stamp duty exemption. For this advantage to apply, the homeowner must have the intention of making the house their principal residence.

Land Transfers Within Families

When transferring property to one another, married couples or domestic partners are not required to pay stamp duty. The property has to be your primary residence for this to be applicable. This also applies when giving property as a present to members of your immediate family, including siblings and children.

Problems with stamp duty

There have been issues with the continuous payment of stamp duty for many years. According to the Victorian State Budget for 2023–2024, land transfer duty would bring in $7,360,000,000. As critics have pointed out, stamp duty is an outdated levy that puts a financial burden on a lot of people. It is also the main cause of a noticeable shift in the patterns of property purchases.

stamo duty victoria

An obsolete tax

Stamp duty originated in an antiquated governmental system. In the past, land transfers were few, and property transactions were not documented as thoroughly as they are now. 

Moreover, the process of finalising a sale and authenticating the sale documents with a physical stamp required additional government time. Stamp duty in Victoria was implemented to ensure the government received taxes from property owners, although land transactions have evolved significantly since its introduction. 

Currently, governments find the procedure easier due to the availability of precise and current records for all land parcels in Victoria. Given the evolution of property transactions, it is reasonable to consider adjusting the associated taxes accordingly.

Stamp duty expense

Acquiring real estate is one of the most substantial investments that a typical Australian makes over their lifetime. It is an exhilarating aspiration that many of us strive for. Simultaneously, it presents a significant financial hurdle to surpass. Real estate

Prices in Victoria have significantly increased over the previous few decades and currently exceed the average salary by a large margin. Stamp duty is a hefty tax that is imposed when the gap between the average earnings and the average property price is at its widest.

Changes in behaviour

The expense of stamp duty has significantly influenced behavioural shifts in the home-buying market. The increase in stamp duty in Victoria has hindered individuals from entering the real estate market. Furthermore, it acts as a disincentive for individuals considering relocating to a new residence. Some families may opt to repair or enlarge their existing home to avoid incurring additional stamp duty while moving. Retirees frequently remain in unsuitable homes due to the high expense of downsizing, particularly in stamp duty.

Stamp duty and foreign buyers

Foreign buyers acquiring residential property in Victoria may be subject to an extra duty of up to 8% in addition to the land transfer duty. This pertains to those who are not Australian citizens, permanent residents, or New Zealand citizens with a Special Category Visa.

Final Words

Stamp duty is directly proportional to the property's valuation. If you qualify for any exemptions or Victorian stamp duty concessions, your stamp duty liability will be determined by factors such as the state in which you reside and the value of the property. If you want to acquire real estate in Victoria, you've probably heard about it. 

The market value of your residence is used to calculate stamp duty. First-time homebuyers or those purchasing a main house may be eligible for discounts. Foreign residents are required to pay an extra 8%. At Westgate Conveyancing, we ensure to support you with first-hand knowledge and help with all documents and payments mandated by law. Book an appointment soon!!

VIC property contract review
Saturday, Feb 24, 2024

Steps to take after your Victoria property contract review

Written by westadmin

Examining a contract for sale is a crucial phase in the process of buying real estate since it gives you peace of mind when you sign a deal or place a bid at an auction because you know that all key specific circumstances and clauses have been addressed.

But when the comprehensive contract study is complete, it's time to consider the following steps in becoming a homeowner: These include arranging for your money to handle your purchase and hiring a qualified conveyancer who can make the process of becoming a buyer stress-free and easy.

What is a property contract review?

You must ascertain whether there are any problems with the land, property, titles, or services before you sign the contract. These can increase your expenses, lessen how much you enjoy using the property, or have an impact on your ownership. Our Victoria conveyancing contract review service will point out any one-sided terms, anything that ought to have been included, and anything that could work against you. You might also wish to specify any unique conditions that apply to you.

Our contract review at Westgate Conveyancing will provide you with the knowledge you need to negotiate the best terms and price for the property settlement in Victoria and guarantee a seamless settlement.

property contract review

Select a Conveyancer

Not every conveyancer is created equal. Purchasing real estate requires a big financial commitment, whether you're a homeowner or an investor. A smooth and safe property settlement can be achieved by using licensed conveyancers supported by experienced property lawyers, as there are often intricate contractual issues to take into account and a variety of legal processes to go through before ensuring you become the legal owner of the property you want to buy.

At Westgate Conveyancing, we recognise the following important stages to assist you in understanding what occurs when your contract review is concluded:

Our list of the most important steps for buyers after they sign the contract is as follows:

Pay the deposit

Typically, the deposit is due at the time the contract is signed or as soon as financing approval is granted. You must pay the deposit on time since failing to do so constitutes a contract violation for which the vendor may assess penalty interest.


Kindly notify your solicitor right away if you would like to nominate a different buyer, business, trust, or superfund, among other entities. If there is a nomination, your solicitor needs to produce further paperwork. Before deciding to nominate, you should consult your accountant because of the ownership of the contract of sale of real estate in Victoria.

may have an impact on your taxes.

Finance Approval 

Before the finance approval date specified in the contract, you must submit your mortgage application and receive unconditional finance approval. You must provide your lawyer with written notice of the cancellation of the contract before the finance approval date if you choose to do so and do not acquire financing permission. If you don't give your solicitor enough notice, you can be locked into an unconditional contract, and if your mortgage is denied, it might get extremely expensive to break.

Obtaining a mortgage is one of your most crucial actions. You must apply for your loan as soon as possible and provide the lender with all needed documentation and information.

Talk with your broker to determine whether there is a difference between the loan funds and purchase costs. Discuss the loan funds and purchase costs with them for clarity.

Create an account with your lender. Permit them to take money out of the designated account to cover any shortfall.

Make sure that, at least one day before settlement, you have transferred and cleared enough money into the designated account.

Pest Inspection

If the contract includes a building and pest inspection clause, you will need to complete the inspection within the allotted time frame. Notify your lawyer if any structural or pest-related concerns prevent you from moving further.

We advise you to do a building and pest inspection during the cooling-off period. This is especially important if the contract is not subject to one. If structural or pest problems are discovered, you will be able to cool off the contract.

An auction contract does not allow for cooling off. Therefore, inspections must be completed before the auction.

Services and Utilities

As part of the property settlement process in Victoria, the seller shall transfer or terminate his or her services and utilities. This ensures a smooth transition for both parties involved. As a result, starting on the settlement date, you are responsible for setting up your utilities and services. This includes gas, water, electricity, phone, and internet.


As of the settlement date, the seller will terminate their insurance policy. As a result, starting on the settlement date, you must have your insurance policy for the building and its contents. If you are purchasing a property from the owner's corporation, they will hold a building insurance policy. You should nonetheless get insurance.

Make duplicate keys for your new home.

If you have purchased more than simply land, you will need to pick up the keys. It is usually advisable to make arrangements as soon as possible to have extra replacement keys cut.

Change the address on your mail

Ideally, complete the request form. Have your mail diverted to the new address before you move into your new residence. After all, it may take a few days for mail from past locations to arrive at your new address. 

Although it's better late than never, if you haven't already, submit your request. Choose the duration for which you would like your mail to be formally rerouted.

Remember to get in touch with each of the significant businesses and utility providers that require your updated address. You can cease paying mail redirection costs sooner if your mail arrives at your address directly.

Final Words

We advise you to have a look at the contract of sale in Victoria. This will help before making any offers or bids at a future auction. To obtain a thorough contract evaluation before committing to purchase, you can submit your contract of sale on our website at Westgate Conveyancing. We are just a phone call away, so hurry up and book your appointment today.

property transfer
Tuesday, Feb 20, 2024

How To Transfer Property Title Between Family Members?

Written by westadmin

There is a unique significance in transferring property titles within a family in the real estate industry. To help you successfully manage the process of transferring property between family members in Australia, this article delves into the ins and outs of the subject.

This article discusses several options for passing property titles from one generation to the next.

By the time you finish reading, you will have a solid grasp of the intricacies involved in selling property, giving property as a gift, and transferring ownership within your family.

What is the transfer of property & property title?

A deed or property title is a legal document that transfers ownership of a piece of property to another party. It specifies the persons or entities with the legal right to own the property and spells out their duties and rights about it. Legally, one party can transfer ownership rights to another by transferring property title.

Identify the three components of a property transfer.

There are three essential components to property transfers:

  • Negotiation & Agreement - At this point, family members meet to negotiate the specifics of the transfer and come to an agreement. Valuation, transfer mechanisms, and any monetary factors are all agreed upon.
  • Paperwork - Paperwork and Processing: All necessary legal documents, such as the transfer deed and any applicable paperwork, are meticulously created and sent to the proper authorities. Ensuring the correct documentation of the legal details of the transfer is the purpose of this phase.
  • Finalisation & settlement - After the paperwork is in place, the settlement process may begin. This includes the transfer of money, the transfer of ownership of the property, and the completion of any relevant legal documents. At this point, the transfer is enforceable under the law.

How to transfer property title?

1. Sale Contract

You should seek an attorney for assistance with this matter because it is a legal document. Any property in an urban area of Victoria must follow this process.

  • Property deeds
  • Renewed zoning permit
  • Property limitations
  • Drainage plans
  • If relevant, a certificate for a swimming pool

Despite how daunting these prerequisites seem, you should not be concerned. With your conveyancer's assistance, filling out the paperwork will be a breeze.

2. Sign the Sale Contract

Each party to the contract in a transfer of property title to a family member—the seller, the buyer, and their respective attorneys—must sign it. Always have an extra duplicate of the signed paper on hand. It is common practice for the seller to sign the paperwork before sending it to the buyer.

The buyer typically puts down 0.25 percent of the transaction price in a conventional deal.

However, family members involved in the transaction might work out a local payment arrangement.

3. Start the Cooling-Off Run

There is a legal "cooling-off" time of five business days for buyers in Victoria to reconsider their purchase. The buyer has the option to terminate the deal within the cooling-off period but will lose 0.25 percent of the purchase price.

The remaining portion of the deposit, which is 10% of the purchase price, is due after this time. Keep in mind that the buyer is the intended beneficiary of the cooling-off period. Once a seller signs a contract, they are legally unable to back out.

4. Finish the Procedure at the Land Office

Part of the procedure is filling out necessary forms like Transfer of Land Form T1. Get assistance from your lawyer to complete these forms. The deed to the property must also be submitted.

5. Cover the Costs of Taxes and Transfers

You must pay stamp duty and capital gains taxes before the government can transfer ownership of your property to a family member when transferring the house title.

The capital gains tax you must pay depends on the profit or loss your property incurs. Your income determines the taxed amount.

The market price, and not the contract price, will determine its value, so keep that in mind.

6. An opportunity to evade taxation exists if:

  • You will not get the full amount that it is worth on the market.
  • In a sale, you aren't doing business at a distance.
  • The buyer's principal dwelling constitutes the asset.

Will the transfer require me to pay capital gains tax and/or stamp duty?

Regardless of whether they're receiving the property as a gift or buying it from a family member, the individual must still pay stamp duty.

Visit the State Revenue of Victoria's website for further details on this. A few examples of these situations may be:

  • If you are a beneficiary receiving property from a deceased estate
  • If the property is being transferred between a married couple or de facto couple that has been cohabiting for more than two years
  • If a relationship ends and assets are divided or settled
  • If someone gives the property to the trustee of a special disability trust without payment.

Stamp duty will be determined based on the property's market value at the time of transfer. It won't be based on the amount it sold for, should you sell it to a family member at a price below market value (for instance, from a parent to a child).

What expenses does transferring property title to a family member entail?

The following are some instances of fees and levies that might be incurred when transferring property to a family:

  • Expenses that the initial owner covered

Before transferring home title to a family member, you might need to have the value assessed by a certified valuer. This is so that when you file your income taxes, you will know how much you have gained or lost. Depending on the location of the property, independent appraisals might cost anywhere from $300 to $900.

  • Costs for legal services

A conveyancer or solicitor should supervise the property transfer and draft contracts or other transfer paperwork that includes title information, the property's estimated worth and purchase price, and the parties' personal information. If the legality of the property transfer is contested, certain legal documents can be employed.

  • Tax on capital gains (CGT)

The amount of capital gain or loss arising from the CGT event will determine the CGT cost. If you have a capital gain, the difference between your capital proceeds and the asset's cost base will be your overall gain.

Since CGT applies to your income tax for the relevant year, your income will determine the exact amount you pay.

  • Expenses covered by the new owner & coin stamp obligation

stamp duty land tax depends on the value of the land or property being transferred. This value determines the tax amount. Contact the office of revenue in your state or territory to find out if any purchases are exempt from stamp duty. The state or territory you are in determines how much stamp duty you will pay.

At Westgate Conveyancing, we help you with every aspect through this article. You will no longer need additional help if we are a part of your conveyancing process. Contact us today!!

section 32 statement
Friday, Feb 16, 2024

What is Section 32, and why is it important?

Written by westadmin

Are you negotiating the intricacies of Greater Victoria real estate transactions? The vendor's statement also referred to as Section 32 Victoria, is an important document that you will come upon.

Our conveyancers emphasize the significance of Section 32 in the conveyancing process. They explain its effects on purchasers and sellers.

What is Section 32?

In Victoria, S32 is a legally required document that resembles a disclosure statement or comprehensive report for real estate transactions. Victoria has a special requirement that stems from the Sale of Land Act 1962 VIC, sometimes known as the ACT. Other Australian states do not have an equivalent to it or apply it to them.

What is Section 32 in real estate?

Section 32 of the Australian Act acts as a thorough disclosure, providing the buyer with important details regarding the property from the seller (vendor). This contains information on the title, encumbrances, rates, taxes, and any mortgages or other liabilities. Comparable to a disclosure report, it provides openness to real estate transactions.

Details that are usually found in Section 32:

  • Subdivision plans, permits, and title searches are examples of title evidence.
  • Financial Obligations: Information on land taxes, levies, and mortgages.
  • Land Restrictions: Details on Section 173 Agreements, easements, and covenants.
  • Financial Requirements: Owners Corporation dues, water, and council charges.
  • Details of the building and lease agreements over the last six years.
  • Roads, planning, bushfire-prone regions, and GAIC are examples of local area information.
  • Utility Connections: gas, electricity, water, and other service status.

If you need to ask further questions about the property, you can obtain additional certificates or do searches. Not all information is always necessary or accessible. If you want any further, precise information, you should consult your conveyancer. As part of your due diligence, they were able to order these searches.

What details ought I add to Section 32?

The Sale of Land Act mandates the data included in or appended to the Section 32 statement, spanning Subsections 32A through 32I. According to those subsections, sellers must provide potential buyers with certain information in Section 32.

  • a copy of the Register Search Statement, which verifies the land's street address, registered proprietor(s), encumbrances, caveats, and notifications;
  • a copy of the subdivision plan that shows the lot's borders and lists any easements, covenants, or restrictions that may apply to the land;
  • verification of the utilities (phone, gas, electricity, water, sewage, and gas) linked to the land;
  • a planning statement that includes the planning scheme name, the planning zone and any overlays impacting the area, and the name of the responsible government entity;
  • certifications from the appropriate agencies, such as the State Revenue Office, the Local Council, the Local Water Authority, VicRoads, and the Owner's Corporation (where applicable). These certificates for Section 32, Statement of Victoria, may list expenses, levies, notifications, permits, insurance, or proposed developments impacting the land.
  • any building licences granted in the seven years before under the Building Act 1993 (VIC). An insurance policy, final inspection report, occupancy permit, or flaws report, if necessary, may be provided; and
  • a checklist for due diligence.

Who drafts Section 32?

A vendor will hire a conveyancer or solicitor like us at Westgate Conveyancing. After receiving instructions from the vendor and acquiring the necessary certificates from the relevant authorities, the vendor's legal representative will create Section 32.

When is Section 32 defective?

The vendor or the vendor's legal agent may face severe consequences if they omit to reveal any information that should have been included in it or provide false or misleading information, resulting in Section 32 being declared "defective. Depending on the seriousness of the non-disclosure, the vendor who prepared a faulty Section 32 may face financial fines, a reduction in the purchase price of the property, or the loss of the property transaction altogether.

The Private Clients team at Merton Lawyers follows a strict procedure when producing Section 32 to guarantee that the vendor provides the necessary information and supporting paperwork.

We reduce risks for vendors and guarantee that we provide potential buyers with Section 32 of the contract of sale for the land in a legally valid manner, thanks to our meticulousness and attention to detail.

Buyer a non-compliant Section 32?

If you didn't provide the buyer access to Section 32 before they signed the agreement, they may retract or terminate the contract and seek compensating action from you at any time.

Furthermore, even if you provided access to it before their agreement, they can still rescind or terminate it. They may seek compensation for any losses or damages if the Section 32 vendor statement contained false information.

What should a potential buyer search for in Section 32?

Your conveyancer will examine Section 32. They'll provide legal advice about any problems or impacts on property value. Our list of topics under "What should I include in Section 32?" is not meant to be all-inclusive.

Before you sign a contract, perform due diligence. Have an expert evaluate it for hidden problems. Make additional enquiries about them.

We suggest you discuss examining the land with your conveyancer. They may have questions about its layout or condition. Address this concern before reviewing Victoria's Section 32 statement.

Land tax and windfall gains tax allocation

In the past, you may have stipulated in the selling agreement for your property that the buyer would pay a portion of your land tax or windfall gains tax.

As of January 1, 2024, you are not permitted to:

  • transfer windfall gains tax in a sale agreement if your windfall gains tax obligation has been determined before you sign the agreement.
  • transfer land tax to purchasers in a contract of sale if your property's sale price is less than the "threshold amount."
  • $10 million is the threshold level for the year beginning on January 1, 2024. Every year, this level will rise to inflation.

If you're not sure if these standards apply to you, talk about them with a conveyancer or attorney.

Why choose us?

It's all about experience! You may be confident that your property transfer is in good hands because we have substantial expertise in the field. Our expert transportation methodology distinguishes itself from the competition. We welcome change and strive to be current and innovative in order to provide our clients with the best outcomes possible.

Westgate Conveyancing can provide customers throughout Victoria with a quick and hassle-free conveyancing service. We have access to the newest conveyancing software and technology.

Who are we?

We operate a conveyancing company. You can rely on Westgate Conveyancing, as we are a reputable business. Our group of lawyers and conveyancers dedicates itself to delivering top-notch service. Contact us to get the finest advice and ensure a seamless real estate transaction.

Also, you can visit Consumer Affairs Victoria for more details.

What are my rights when buying a property?
Thursday, Feb 08, 2024

What are my rights when buying a property?

Written by westadmin

Thinking of buying a property or investing in building a house? You have achieved a great feat. Life is full of thrills and spills right now. Please make sure you have all the information you need on the rights of a property buyer. This will guarantee a smooth transaction. We have personally witnessed the large number of first-time homeowners who are unprepared for the overwhelming amount of paperwork needed.

The people you choose to surround yourself with greatly influence challenging transactions like buying a home. Your choice of companions significantly influences the transaction's ease. Here at Westgate Conveyancing, you are undoubtedly aware of our involvement in the conveyancing profession.

You can rely on us to support you at every turn and to break things down for you.

What are my rights as a property owner?

Knowing the buyer’s rights when buying a house and what to expect from the conveyancing process is useful, whether this is your first or tenth purchase.

Understanding Your Rights While Purchasing Real Estate

There are benefits that you may take advantage of as a buyer.

  • Obtain a copy of the vendor's statement and consult an expert before signing any paperwork related to a purchase. By law, the seller must give the buyer a vendor's statement that details the property, including any limitations, liens, easements, or title searches that may be necessary.
  • You must familiarise yourself with the vendor statement and its contents before signing a sales contract. If you're having trouble understanding the requirements, we may clarify them for you and write them out in simple English. You will be required to sign a legally binding contract of sale when you complete the transaction.
  • Everything on your contract, including your cooling-off rights, financial conditions, and other specifics, is included in this document as real estate buyer rights; therefore, you must read it carefully. Once again, these contracts contain material that may be challenging to grasp; so, we make every effort to review these contracts with you and provide explanations as needed.
  • Everyone involved in the sale and purchase must act within the bounds of their legal rights, which include both the vendor and the buyer. In the process of purchasing real estate, we can explain your rights and responsibilities under the law and in contracts.

What should I do when buying a property?

When buying a property, you always start with an inspection. But should you pay for the inspection?

Professional inspection

If you assume you will accept the property 'as is,' it implies accepting responsibility for any issues with the structure, insect infestations, or other deficiencies not immediately apparent. This commitment extends to unforeseen liabilities you may encounter. Therefore, it's crucial to carefully consider the implications before making such an agreement. As part of the rights of a property buyer, you can have the property inspected by a specialist regularly. Keep in mind that a few hundred dollars upfront might save you hundreds, if not tens of thousands, of dollars down the road.

Whether or not the property has been inspected should be disclosed to you by the real estate agent. But before you rely on them, find out who received them and whether there are any other restrictions or disclaimers that would compromise their accuracy.

Legal verification

Your lawyer should verify if the contract contains:

  • An analysis
  • Certification for construction
  • Proof of insurance coverage for house improvements made to the property
  • If you're buying at an auction, get a building and pest inspection first. This ensures you have a clear understanding of the property's condition and any potential issues. You probably won't have much of a chance to back out of the deal once the hammer hits.

Pitching Amount

Deciding on an offer amount is not an easy task. You should think about whether you should:

  • Either provide a lesser price and be ready to bargain higher, or give your best offer right away. If the seller has many bids, they may choose to accept one of them without letting you raise your offer.
  • Other than the price, the seller may reject an offer based on the terms attached to it. If your offer requires a longer payment time, the seller may reject it. Similarly, if another buyer offers the same price with the seller's desired settlement period, your offer may also be rejected.
  • Hiring a buyer's advocate can help you negotiate better terms.

Closing the deal on a home

The agent may ask if you would be ready to boost your offer if the seller rejects it.

In an attempt to reach a price and terms that satisfy everyone, an intermediary will mediate the talks. What kind of negotiation would this be?

The agent will arbitrate talks between the buyer and seller to decide on the selling price and the date of settlement, often between 30 and 90 days. They'll also determine whether to include or exclude certain items to achieve the best deal for the seller.

Property Transaction

If the transaction goes through, you have the right to verify that it is fair and that you will receive the property as promised.

  • Every buyer has real estate buyer rights to conduct a pre-settlement examination of the property during the week leading up to settlement day. This is usually taken care of by the real estate agent managing the sale; however, regional differences may apply.
  • It is imperative that you try your best to attend this inspection, or at the very least, send a reliable representative to your place. You may confirm that the property is still in the same condition as when you signed the selling contract by viewing it in person.
  • The property should not have any new damage, and any agreed-upon repairs should have been completed since you or your buyer's agent or representative visited it before.
  • Verifying the existence and operation of any included fixtures, appliances, and equipment is one of your duties as a buyer. Refrigerators and other equipment belonging to the prior owner or tenant should be removed as they are not part of the agreed-upon transaction.

To make sure the property fits your expectations as specified in the contract, as the buyer, you have real estate buyer rights to inspect it before settlement.

You can ask the seller to make the necessary repairs if you discover anything broken during the pre-settlement process. Alternatively, they can provide agreed-upon compensation for any discrepancies found. This is only relevant, though, if you can demonstrate that the harm occurred after the seller and you both signed the agreement.

Tuesday, Jan 16, 2024

Common Conveyancing Mistakes and How to Avoid Them

Written by westadmin

Are you enthusiastic about buying or selling your property but struggling to handle the process?

Acquiring or disposing of a property can be laborious for both novice and seasoned buyers or sellers.

Conveyancing is an intricate procedure that enables the purchase or sale of a property. Individuals often commit several conveyancing mistakes when selecting a conveyancing service.

To assist those who may be apprehensive about purchasing or selling, we have compiled an exhaustive inventory of the prevailing errors that individuals tend to make during the conveyancing procedure, along with recommendations on how to circumvent them.

Common Conveyancing Mistakes: Steps Before, During, and After!

Inadequate Investigation Regarding the Property

An investigation into a property may result in complications and subsequent remorse. The following are the reasons why comprehensive research is imperative:

  • Property Condition: Conducting property research enables one to evaluate the property's state and detect any current or prospective complications. This entails performing inspections, evaluating previous restorations or renovations, and taking into account variables such as age, maintenance record, and structural soundness.
  • Legal and Title Issues: Conducting property research enables the identification of any legal or title concerns that may have an impact on ownership or subsequent transactions. This process entails the verification of property boundaries, the examination of the title history, and the detection of any liens or encumbrances.
  • Environmental Factors: Investigating the property enables one to take into account environmental factors that have the potential to influence its value or habitability. This encompasses the evaluation of flood zones, soil conditions, the possibility of contamination, and the proximity to ecologically vulnerable regions.

Approval of the loan not acquired

Loan approval is of the utmost importance if you require financial aid to complete the purchase of a home before the contracts become unconditional. The main reason behind this is that once you're bound to the contract, you can't get out of it, as it becomes really difficult to get the money you need to pay it back. However, in this case, you would miss out on buying the home, give up the whole 10% down payment, and could end up in court with the vendor trying to get their money back for all the losses they made when they resold the property.

A two-step method is suggested for obtaining loan approval to avoid residential conveyancing mistakes.

First, obtain pre-approval.

This correspondence is an official statement from the bank confirming their ability to furnish you with a designated amount of money, subject to the satisfaction of specific stipulations. It is imperative to obtain this information before searching for a property to purchase and without a doubt before submitting an offer, so that you may have a realistic assessment of your financial capacity.

Obtain formal approval in the second step.

After identifying a property that you desire to acquire, the process can be upgraded from pre-approval to formal approval. After all, stipulations have been complied with, a formal authorization is issued; this may entail the bank conducting a property valuation. It is imperative to specify that the loan amount will be determined exclusively by the bank's evaluation of the property's value and not by the purchase price. 

Your ideal situation would be for the value they determine to be equivalent to the price. Nonetheless, if the value is determined to be lower and you do not have the intention or resources to supplement the purchase with additional funds, you will be prevented from continuing with the transaction on the grounds of inadequate funds.

Not seeking legal counsel

Some clauses and conditions in the contract for sale are composed of legal jargon and impose obligations and rights on the parties. Additionally, it encompasses details on the property under consideration, such as zoning regulations, easements, and covenants that may impact the land, and the precise whereabouts of wastewater infrastructure. It is one of the most frequent conveyancing problems to enter into a contract without first seeking professional advice on the matter.

Disregarding the concealed charges

Conveyancing expenses might be distributed over time. Various companies employ distinct methodologies. Certain individuals may receive a portion of the sale price as a percentage, while others may be charged a fixed fee that applies to a specific quantity of things. However, some individuals may possess a blend of both.

Before engaging in any transactions with a corporation, it is advisable to carefully peruse the detailed terms and conditions. You may perhaps encounter an excessive amount of charges, which is one of the most frequent conveyancing mistakes committed. Ensure that there are no superfluous or unforeseen elements. By doing so, you can obtain the accurate final sum.

Failure to employ a licenced conveyancer or property lawyer

The function of your legal representation is to streamline the legal procedure of purchasing or selling. They assure the seamless execution of the process and the fulfillment of all your legal obligations. It is crucial to get a qualified individual with experience who can offer clear explanations without using complex legal terminology. 

However, it is even more crucial to hire a legal practitioner who is an expert in their specific area of law.

Lawyers possess the necessary qualifications to engage in legal practice across various fields, although this does not imply that they do so. They have the option to specialise in a specific area of law or practice in other areas.

Engaging a Licensed Conveyancer or Property Lawyer is crucial when considering a property purchase or sale. A Licensed Conveyancer or Property Lawyer only specialises in the field of Property Law. We are experts in the sector due to our consistent and continuous daily work.

Insufficient comprehension of legal obligations

Insufficient comprehension of legal obligations may result in complications about compliance and possible legal ramifications leading to conveyancing mistakes. A thorough comprehension of the legal obligations associated with property exchanges, such as local drafting regulations, building regulations, grants, and guidelines, requires the application of CLT.

Inadequate Initiation Timing

Conveyancing is a protracted procedure that necessitates adherence to specific timeframes. Insufficient early initiation of the transaction may lead to complications. Commence your investigation promptly when initiating the quest for a new residence.

If you are in search of a new residence, you should be already engaging in discussions with a conveyancer. They possess the capability to address any enquiries you may have. It is imperative to ensure that you organise your paperwork and have a clear understanding of the situation at hand. This will ensure that you are fully equipped to handle any situation that may arise.


Conveyancing is a highly important component of the process of purchasing or selling a residential property. Numerous factors require careful consideration to avoid residential conveyancing mistakes. Nevertheless, by steering clear of these typical errors in residential conveyancing, you should encounter no issues.

If you require assistance with property transactions, Westgate Conveyancing specialises in residential conveyancing and is available to provide expert guidance. We are the foremost authorities in commercial law in Australia. Discover optimal resolutions for any issue by collaborating with Westgate Conveyancing. Kindly reach out to us at your earliest convenience to arrange a meeting for consultation.

Tuesday, Jan 16, 2024

Do I need a solicitor or conveyancer to buy a house?

Written by westadmin

You've found the home of your dreams. The cost is reasonable. The scent of salt and vinegar chips fills the corner store.

Congratulations! Your offer has been accepted. Transferring everything from the seller to you is the next stage. Do you know, then, if you require a solicitor or conveyancer?

The legal portion of transferring a property from an old owner to a new one is handled by conveyancers and solicitors. Though there are a few minor variations, like price or degree of training, they will perform essentially the same task for you. What you should know is as follows:.

After finding a house, you put in an offer and obtained a mortgage. It's now time to handle the formal process of conveyancing, which is the legal transfer of the property.

A solicitor or conveyancer handles conveyancing. Their titles may also include "licenced conveyancer" or "conveyancing solicitor." Regardless of how they present themselves, they all serve essentially the same functions: they draft contracts, help you with legal matters, and offer advice on potential issues.

There isn't much of a distinction between the two. Just keep in mind that many mortgage lenders won't give you a loan if you don't work with a conveyancer or solicitor, and you'll typically need one if you're making a cash purchase as well.

On the conveyancer vs. solicitor front, let's learn more.

What is a conveyancer?

Conveyancers assist you in handling any problems that may come up during the transfer procedure, compile and review all the transfer papers, search titles and certificates, and contact the vendor on your behalf. In general, they have extensive knowledge of local laws and procedures. Conveyancers are a fantastic option for simple real estate transactions because they can be less expensive than licenced attorneys.

What is a solicitor?

A solicitor is a fully-fledged legal professional, as opposed to a conveyancer. Although they perform the same duties as conveyancers—in fact, they are conveyancers in this capacity—they are more knowledgeable about the law. They are better suited to handle challenging or unusual problems or intricate sales. Additionally, they can offer you advice on challenging issues like tax ramifications.

Differences between a conveyancer and a solicitor

Solicitors and conveyancers are adequately insured and regulated. The Solicitors Regulatory Authority oversees the regulation of solicitors. Licenced conveyancers are governed by the Council for Licenced Conveyancers. Both adhere to comparable conveyancing policies and processes.

In addition to conveyancing services, the majority of property solicitors also take on other issues, such as divorce or personal injury lawsuits. It can be annoying for customers to try to get in touch with them because they are frequently in court or out of the office. Comparable to licenced conveyancers are the select few who focus on conveyancing and become members of the Law Society Quality Standard.

Specialised property lawyers are known as licenced conveyancers. The majority concentrate on residential conveyancing, while a minority also handle probate and commercial property. Since they are all office-based, licenced conveyancers can be reached at any time.

Do you require a solicitor or a conveyancer?

From the above difference between a conveyancer and solicitor, it is clear that by law, a conveyancer or solicitor is not required to be involved in a property exchange. However, the legal procedure will need to be handled by a professional if you are purchasing a mortgage. To be honest, even if you're paying with cash, you should still have an expert assist you because the procedure is intricate and there are many legal requirements, such as those pertaining to anti-money laundering laws, that you must follow.

By having someone involved who can assist them in avoiding any legal issues with the sale, this lowers the risk for the lender.

Which should I choose—a conveyancer or a solicitor?

That is ultimately up to you. There isn't a definitive guideline that specifies which is superior.

Choosing a solicitor or conveyancer is not as critical as choosing someone you can trust. Knowing you're getting high-quality service is important when you're making what will likely be your largest purchase to date.

When looking for the ideal person, keep an eye out for the following:

What to look for in a solicitor or conveyancer

  • Accessible: You don't want a conveyancer or attorney who can't promise to be there for you at the last minute or who could cause the procedure to drag on. The first and most important step is to make sure they have a history of availability.
  • Interaction: In a similar vein, you should be able to ask any questions you may have. It's up to you how much contact you want, but before you commit to working together, it can be helpful to clarify what you want from the relationship.

They are able to cooperate with your home lender. This one might be difficult. Mortgage lenders frequently restrict their business to working with attorneys and conveyancers on a list of approved attorneys and brokers, or "panels." Knowing this in advance is important.

It's not fatal if your conveyancer is not approved by your lender. You have the option to designate a different attorney or have your attorney seek to be on the panel. However, it can cause delays, as your lender might get in touch with an attorney to act as a mediator between them and your conveyancer.

  • Cost: There are conveyancers and solicitors who charge more than others. Aim for a price of at least £1,000 plus VAT; however, for more valuable properties, this may increase to £5,000 plus VAT. Before you sign the contract, it may be a good idea to shop around and obtain various quotations.

To ensure you know exactly what you are paying for, a breakdown of fees might be comforting. It's acceptable to request something up front.

  • No sale, no fee: Occasionally, something unexpected may come to light during the conveyancing process, causing a property deal to fall through. If you decide not to move in this case, you won't want to pay your conveyancer. For this reason, a few solicitors and conveyancers operate under the "no sale, no fee" philosophy.
  • Local expertise: Certain places may have distinct guidelines and information. For instance, purchasing a property in Scotland functions somewhat differently than in England. It is best to choose a local conveyancer to avoid any accidents or delays.
  • Qualifications: In conclusion, it is imperative for conveyancers and attorneys to provide evidence of their claimed training. It's wise to double-verify everything.

Make an informed decision; don't jump at the first suggestion.

The selling agent will most likely suggest a solicitor or conveyancer when you find your ideal home. Just remember that you have the freedom to make your own decisions.

An impartial friend or co-worker's personal suggestion is a better source for dependable, reasonably priced service. As an alternative, a fast Google search will reveal several local businesses.

Make sure that any transporter you are considering has a licence from the relevant authority, which is typically your state's or territory's Department of Fair Trading. Get quotes in writing and do some research if you like.

Neither is this the time to accept the low-ball offer. Make sure the conveyancer or solicitor you choose is well-versed in sales contracts.

Don’t risk finding that perfect patch of outdoor entertainment with no legal team to back you. Having trustworthy legal counsel can assist you in crossing the boundary. You can settle in without stress if you give yourself enough time to compare prices. Additionally, you will be familiar with the term "conveyancer," which will help you sound like a respectable adult at work.

How can one locate reputable solicitors and conveyancers?

It's crucial to conduct research before selecting a conveyancer or attorney. You can identify the ideal option for you by speaking with a number of people, just like when you work with a real estate agent. One way to start your search is through word of mouth or recommendations from reliable friends.

Choosing professional conveyancing services, such as those offered by Westgate Conveyancing in Victoria, is a prudent decision when navigating the intricate process of property transactions. The complexities involved in transferring property ownership demand a thorough understanding of legal intricacies, and this is where a conveyancer plays a crucial role. Whether you're purchasing a home with a mortgage or making a cash transaction, having a dedicated conveyancer ensures that you adhere to legal requirements and mitigate potential issues, including those related to anti-money laundering laws.

Westgate Conveyancing stands out as one of the best in the business, providing expert services tailored to buyers in Australia. With a team of skilled conveyancers, they specialise in handling every aspect of the transfer procedure, from drafting contracts to conducting title searches and managing certificates. Their commitment to client satisfaction is evident through upfront pricing and a focus on simplifying the conveyancing process. Westgate Conveyancing's proficiency in local laws and procedures, coupled with their dedication to clear communication and accessibility, makes them a trustworthy choice for anyone seeking a seamless, stress-free property transfer. By choosing Westgate Conveyancing, you not only ensure a smooth transition into your new home but also gain the peace of mind that comes with relying on a reputable and experienced conveyancing service in Victoria.