Conveyancing & Property Lawyers Melbourne

Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

Do I need a lawyer before signing a contract of sale?

Yes — wherever practicable, contracts of sale and Section 32 vendor statements should be reviewed by a lawyer before signing. Once a contract is signed, the buyer is generally bound to the terms in it, and the opportunity to negotiate special conditions, finance protections or extended due diligence is significantly reduced. A short review before signing is one of the most cost-effective steps a buyer can take.

What is a Section 32 statement?

A Section 32 statement (vendor statement) is the disclosure document a seller must give a buyer under section 32 of the Sale of Land Act 1962 (Vic) before a contract of sale is signed. It discloses information about the title, easements, covenants, planning controls, rates and charges, owners corporation matters, building approvals and other prescribed matters. Defects or omissions in the Section 32 can entitle a buyer to rescind the contract.

What should buyers check before purchasing property?

Among other things: the title and any encumbrances, easements or covenants; the planning scheme and zoning; building approvals and any unapproved works; owners corporation matters (for strata properties); rates and outgoings; whether the property is subject to any notices, orders or proposed acquisitions; and the practical condition of the property. Many of these items appear in the Section 32 — but a lawyer's review identifies what is missing or unclear as much as what is in it.

What is the difference between a lawyer and a conveyancer?

A conveyancer is licensed to prepare and process property transfer documentation. A lawyer can perform the same work while also providing legal advice on contracts, title issues, ownership structures, taxation considerations, estate matters, family law implications, disputes and other legal issues that may affect a transaction. For most people, a property transaction is one of the largest financial commitments they will ever make. Legal issues are often not apparent until problems arise. Having a qualified property lawyer involved from the outset provides access to broader legal advice and a greater level of protection throughout the transaction.

Can Parke Lawyers assist with deceased estate property transfers?

Yes. We regularly act on the transfer of property from a deceased estate to executors, beneficiaries or external purchasers — including transmission applications, survivorship applications, transfers under a will and sales by executors. Because we also act in probate and estate administration, we can manage the property and estate work in a coordinated way.

Can property be transferred between family members?

Yes. Family and related-party transfers are common — typically between spouses, parents and children, or related entities. Although the transfer itself is straightforward, the duty, capital gains tax, family law and estate planning implications need to be considered first. Early advice ensures the transfer achieves the intended outcome without unintended tax, duty or asset-protection consequences.

What happens if settlement is delayed?

A late settlement can entitle the non-defaulting party to penalty interest under the contract and, in some cases, to issue a notice to complete or rescind the contract. The right response depends on which party is delayed, the reason for the delay and the specific terms of the contract. We assist both buyers and sellers in managing settlement delays, negotiating extensions and protecting their position where the other party is at fault.

What should I consider when buying commercial property?

Commercial purchases require additional due diligence beyond a residential transaction — including GST treatment and any going-concern arrangements, existing leases and tenant covenants, permitted use under the planning scheme, environmental and contamination issues, outgoings, capital expenditure liabilities and any owners corporation, easement or access issues. The contract and special conditions usually need bespoke drafting rather than the standard residential form.

Can a caveat stop a property sale?

A caveat lodged on the title can prevent the registration of a transfer (and therefore prevent settlement) until it is removed or dealt with. Caveats are commonly lodged to protect equitable interests — for example, by a separating spouse, an unpaid contributor to the purchase price or a party with a contractual interest in the property. We act both for caveators seeking to protect a genuine interest and for owners seeking the removal of a caveat that lacks proper basis.

When should I obtain property law advice?

Before signing anything. Property transactions are time-sensitive and high-value, and the contract is by far the most important document in the process. A short review at the outset typically identifies the risks that matter, the conditions worth negotiating and the issues that — if left unaddressed — would have caused problems at settlement or afterwards.