What conveyancing actually involves in Victoria
Conveyancing is the legal transfer of property ownership from one party to another. In Victoria the process is governed principally by the Sale of Land Act 1962 (Vic), the Transfer of Land Act 1958 (Vic) and the Property Law Act 1958 (Vic). A typical residential transaction in Ringwood involves contract review, due diligence, payment of stamp duty, electronic settlement through PEXA and registration of the new title with Land Use Victoria.
Property is the largest financial transaction most people undertake in their lifetime. The contract is usually drafted to favour the vendor, the disclosure document (section 32) often contains material the buyer is expected to investigate, and there are short cooling-off and acceptance periods that easily catch people out. A lawyer-led conveyance gives buyers and sellers the protection of legal advice on the document, not just a process manager handling the lodgement.
Buying property in Ringwood or the eastern suburbs
For buyers, we review the contract and section 32 before you sign, advise on conditions to insert (finance, building and pest, owners corporation enquiries), confirm cooling-off rights and explain the practical effect of any easements, covenants, owners corporation rules and planning overlays. We do this work before you commit — not after — because changes are far easier to negotiate before signing than to fix later.
Once the contract is signed, we manage the file end-to-end. We attend to your stamp duty assessment (including first home buyer concessions, off-the-plan concessions and the principal place of residence concession where applicable), arrange title searches, liaise with your bank or broker, settle electronically through PEXA and confirm that the title is registered into your name. You meet us once or twice and the rest happens behind the scenes.
Selling property — section 32 and contract preparation
Vendors are required by s.32 of the Sale of Land Act 1962 (Vic) to give the purchaser a vendor statement disclosing prescribed matters about the property before any contract is signed. Material omissions and inaccuracies can give the buyer the right to rescind. We prepare the section 32 from primary documents (title, plan, council and water authority certificates, owners corporation certificate where applicable) rather than relying on agent-supplied summaries.
We also prepare the contract of sale, recommend appropriate special conditions, advise on disclosure of works without permits or other potentially material defects, and run the settlement once a purchaser is found. For owner-built properties, properties with works carried out without a permit, and properties subject to owners corporation issues we take particular care because disclosure failures here are the most common source of post-settlement litigation.
Off-the-plan purchases — special considerations
Off-the-plan contracts in the eastern suburbs are longer, more complex and more vendor-favourable than established-home contracts. Common issues include sunset clauses allowing the vendor to terminate, variation clauses allowing changes to the plan, owners corporation costs after settlement, planning permits, build defects and the calculation of stamp duty on the deferred basis. The off-the-plan concession can substantially reduce stamp duty if the structure is right.
We review off-the-plan contracts in detail before signing and advise on what to negotiate. After signing we monitor key milestones, advise on any variations the developer issues, and prepare for settlement once the plan of subdivision registers and the property is built.
Property disputes, caveats and post-settlement issues
Not every property matter is a clean transaction. We act in disputes between co-owners (often siblings on an inherited Ringwood property), caveat removal applications, easement and boundary disagreements, owners corporation disputes, contract rescission claims and disputes about deposits. Where the matter can be resolved by negotiation, it is. Where it cannot, we appear in the Magistrates', County and Supreme Courts and in VCAT.
Many post-settlement disputes can be avoided by careful drafting and due diligence at the front end. That is the principal value of using a solicitor-led conveyancing service rather than a process-only conveyancer.
Common situations Ringwood clients bring to us
First home in Heathmont, Ringwood East or Croydon
We review the contract before you sign, apply the first home buyer concessions and manage settlement so you can focus on the move.
Upgrading and selling and buying at the same time
We co-ordinate the sale and purchase, manage settlement dates and bridging timelines, and act on both files.
Off-the-plan apartment or townhouse
We review the developer's contract in detail, advise on sunset and variation clauses, and project-manage settlement when the plan registers.
Investor purchase or sale
We advise on ownership structure (sole, joint, trust, SMSF), depreciation considerations and land-tax implications before signing.
Inherited Ringwood property
We handle survivorship applications, transmission of title to executors and transfers to beneficiaries, and act in disputes between co-beneficiaries.
Boundary, easement or owners corporation dispute
We advise on rights, obligations and the practical options for resolution, including VCAT and Supreme Court proceedings where required.
Why Ringwood and eastern-suburbs clients choose Parke Lawyers
- Solicitor-led, not paralegal-driven — every Ringwood file is supervised by a qualified lawyer who reviews the contract and section 32 before you sign.
- Familiar with the City of Maroondah, Whitehorse, Knox and Yarra Ranges planning schemes, common overlays in Ringwood and surrounding suburbs, and local council requirements.
- Same-firm access to family law, estate and commercial lawyers where the conveyance is part of a separation, a deceased estate or a business sale.
- Fixed-fee residential conveyancing with no surprises, and individually quoted commercial and off-the-plan files.
How the legal process works
- 01
Pre-signing review
We review the contract and section 32 before you sign, advise on cooling-off rights and recommend changes or special conditions where required.
- 02
Stamp duty and finance co-ordination
We assess stamp duty (including concessions), liaise with your bank or broker and prepare the transfer and PEXA workspace.
- 03
Due diligence and adjustments
We obtain title searches, council and water certificates, owners corporation certificates and arrange the adjustment of rates, land tax and outgoings to settlement date.
- 04
Electronic settlement
We settle on the contract date through PEXA, release keys, confirm registration and report to you on the outcome.
- 05
Post-settlement
We retain your file securely, notify the State Revenue Office and Council where required, and assist with any post-settlement issues that arise.
When to obtain legal advice
Early advice usually shortens the matter, reduces cost and widens the options available to you. Speak with one of our Ringwood lawyers if any of the following apply:
- You have signed (or are about to sign) a contract of sale and want it reviewed
- You are buying off-the-plan and have been sent a long developer contract
- You are selling a property that has had works without a permit or has owners corporation issues
- You are buying with a partner, in a trust or through an SMSF
- You have inherited a property and want to transfer or sell it
- There is a caveat on your title or you need to lodge one
- You are in dispute with a neighbour over an easement, boundary or fence
- Settlement is approaching and your finance is at risk
Related Parke Lawyers resources
Service
Conveyancing & Property
Detailed overview of our residential, commercial, off-the-plan and disputed property services — including fixed-fee pricing and what is included.
Learn moreLocal office
Parke Lawyers Ringwood
281 Maroondah Highway, Ringwood — opening hours, directions and full list of services from the Ringwood office.
Office detailsIn-depth reading from our Information Centre
Frequently asked questions
What is the difference between a lawyer and a conveyancer?+
Conveyancers are licensed to handle conveyancing transactions only and cannot give you advice on matters outside that scope. A solicitor can advise on the contract, but also on related issues such as estate planning, separation, business structures, trusts, and any dispute that arises. The fee difference between a Ringwood solicitor-led conveyance and a process-only conveyancer is usually modest and is more than recovered when something out of the ordinary arises.
Can I sign the contract first and then have it reviewed?+
You can, but we strongly recommend against it. Once signed, the cooling-off period is short (three clear business days for most private residential sales, and not available at all at auction or in many other circumstances). Changes to the contract after signing require the vendor's agreement and are far harder to obtain. Always have the contract reviewed before you sign.
How much does conveyancing cost at your Ringwood office?+
We offer fixed-fee residential conveyancing. Pricing depends on whether you are buying or selling, whether the property is established or off-the-plan, and whether there are unusual features (multiple titles, owners corporation, business component, etc.). We provide a written cost agreement upfront with no hidden extras. Government charges (stamp duty, registration fees, title searches) are separate.
What is a section 32 vendor statement?+
Section 32 of the Sale of Land Act 1962 (Vic) requires the vendor to disclose prescribed matters about the property before any contract is signed. These include title information, planning and zoning, rates and outgoings, owners corporation information, building permits in the last seven years, and statutory restrictions. Material omissions or inaccuracies can give the buyer the right to rescind.
What is the cooling-off period in Victoria?+
For most private residential sales, the cooling-off period is three clear business days from the date the contract is signed by the purchaser. Cooling-off does not apply to sales at auction, sales within three business days before or three business days after a public auction, sales between estate agents/lawyers, and certain other circumstances. The cooling-off fee is the greater of $100 or 0.2% of the purchase price.
When is stamp duty payable?+
Stamp duty is payable to the State Revenue Office within 30 days of settlement (or within 30 days of contract for some off-the-plan and nominee arrangements). We assess your duty position before settlement, apply any concessions (first home buyer, principal place of residence, off-the-plan, pensioner) and lodge the duty return through PEXA at settlement.
What concessions might I be eligible for?+
Common Victorian concessions include the first home buyer duty exemption (up to $600,000) and concession (up to $750,000), the principal place of residence concession, the off-the-plan concession, the pensioner concession and the family farm exemption. Eligibility depends on price, use and personal circumstances. We assess concessions at the contract review stage.
What is PEXA and how does electronic settlement work?+
PEXA (Property Exchange Australia) is the electronic platform on which almost all Victorian property settlements now occur. Funds are transferred and the new title is registered simultaneously in the workspace. The parties do not meet physically; the lawyers and banks complete the workspace and the settlement is effected at the agreed time.
What if there is a caveat on the title?+
A caveat is a notice lodged on a title claiming an interest. It must be removed before clear title can be transferred. We investigate the basis of the caveat, negotiate with the caveator or, where appropriate, apply to the Registrar of Titles or the Supreme Court for removal.
What happens if the buyer doesn't settle on time?+
Most contracts allow the vendor to charge default interest after the contract date and ultimately to issue a default notice and rescind the contract, forfeiting the deposit. We act quickly in default situations to either bring the matter to settlement or protect the vendor's position.