Property and Conveyancing
Why choose RCT?
Through our network of offices, advice on property purchases and sales is readily at hand for both home buyers and investors.
We offer a wide range of services, including advice and assistance in the purchase and sale of residential homes, commercial property and farms, adverse possession claims, building disputes, town planning issues and advice on and preparation of leases for commercial property.
Buying a property
It is important when buying a property to fully understand all terms, conditions and fine print in a contract of sale.
We can get you through each step of the process of buying a property from advising on and clarifying the contract of sale, inspecting and giving advice on the certificate of title and planning requirements, calculating the adjustments of rates, and finally transferring the ownership of the land and ensuring settlement of the property happens without a hitch.
Selling a property
If you are selling a property, you can count on us to provide assistance and advice in relation to making appropriate enquiries about your property with local authorities, giving you advice about mortgages, preparing the required legal documents such as the contract of sale and section 32 Statement, preparing the transfer of land documents and communicating with buyers to ensure a smooth and timely settlement.
Section 32 Vendor’s Statement
A Section 32 Vendor’s Statement refers to the legal document required pursuant to section 32 of the Sale of Land Act 1962 (Vic).
It is a requirement that a vendor under a contract of sale give the purchaser a statement that contains relevant matters and documents to the purchaser before the purchaser signs the contract of sale. Information required to be set out in a Section 32 Statement includes financial or other matters affecting the land, insurance details, building permits, notices, information relating to owners corporations, and evidence of the title.
Transfer of land
The need to transfer your property can arise in a number of circumstances. You may be selling a property, giving it as a gift, transferring it to a former spouse or partner as a result of a family law property settlement, or you want to change the way the title is held.
Whatever the reason for the transfer, you will likely need legal advice to ensure all parties’ interests are protected and then assistance to bring the transfer into effect.
This process needs to be done carefully to ensure the transaction can occur as smoothly as possible and avoid any uncertainties or problems later down the track.
We can help with the leaseof commercial and residential properties by preparing watertight and thorough lease agreements that take care of all the potential issues surrounding the leasing of your property.
A caveat is a condition that you can place on a property to protect your interest in that property.
You can lodge a caveat to announce that you are claiming an unregistered property right, for example, a right arising out of an easement or a large contribution you made to the purchase of that property.
Land cannot be transferred or dealt with unless the caveat is withdrawn.
A caveat can be lodged online, but it is important the form is filled out correctly.
Owning property as "Joint Tenants"
There are two ways to hold property with another person. Firstly, as "joint tenants" or alternatively, as "tenants in common".
If you hold property as "joint tenants", you and the other joint tenant(s) will hold equal shares. If one of the joint tenants dies before the other, the property automatically transfers to the surviving "joint tenants" regardless of what the deceased person has specified in their will.
Owning property as "Tenants in Common"
If you hold property with other person/s as "tenants in common" and one person dies, their share will be distributed according their Will or the laws of intestacy. The share held by the deceased person will not automatically revert to the owner or owners of the other shares.
In a "tenants in common" arrangement, the percentage of shares held by the various owners needs to equal 100% but the shares held by each person need not be equal.
We can assist you to transfer property into a joint tenancy or tenants in common arrangement, depending on your needs and circumstances.
Family and Relationship Law Property Settlements
Family and relationship law property settlements may require that property such as the family home, be sold or transferred into the sole name of one of the parties.
Our team of conveyancers are experienced in dealing with these matters and can be there to finalise your family and relationship law property settlement.
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