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Frequently Asked Questions:

A Conveyancer is a person licensed to prepare contracts, deal with all the other parties on your behalf and handle the title transfers. A Lawyer is licensed to do all of the above, as well as give legal advice and review contracts before purchase to ensure that there are no surprises after settlement.

AL Conveyancing are overseen by lawyers. We have years of experience in the conveyancing process and now we can offer it to you at a competitive price so – if things may not go to plan, you know that we can handle it. As a result, you get the same rates as Conveyancers but with the knowledge and peace of mind that a Lawyer has your back when things get complicated.

A Conveyancer cannot give you legal advice unless they are also a qualified Lawyer. A Lawyer on the other hand, CAN give you legal advice.

We can negotiate with the Seller on your behalf and see if we can come to a mutually favourable outcome. This is where the right Conveyancer is important.

Over the last few years, the Conveyancing process has become more automated and therefore, a lot of the functions are organised remotely. In most cases, you can do the whole process remotely. If you prefer to visit our office and do it “the old-fashioned way” that is fine with us too. Just give us a call to arrange an appointment .

It is completely your decision who you select to do you Conveyancing. In most cases, we would recommend that you go to a Conveyancer that is not referred to you by your Agent to avoid potential bias.

Under Victorian law, you are covered for change of mind when purchasing a property. There are some conditions:
1. Was the property sold privately? If you answer is yes, then you have 3 business days in which you can change your mind and advise the Agent (in writing as well as by phone).
2. Was the property sold less than 3 business days prior to Auction? If the answer is yes, unfortunately you do not have any cooling off period.
3. Was the property sold at Auction? If the answer is yes, unfortunately, again you do not have any cooling off period.

When you decide to sell your house, select the correct Estate agent for your area. They will work through the necessary steps for preparing your house for sale. At the same time, call us and we will start preparing your Section 32 Contract. As some of the certificates are issued by government departments, they may take some time, so the earlier you advise us, the better. We will also go through some special conditions that you may want to include in your contract.

A Conveyancer is generally cheaper than a Solicitor, but not always. The Conveyancer can only give advice directly related to the Conveyance, whereas a Solicitor, due to their legal knowledge can give more specialised advice. We find that if a property is valuable, people tend to go to a Solicitor, whereas if properties are not as valuable or is expected to be a straightforward settlement, they would go to a Conveyancer. With us, you don’t have to choose as we can manage both aspects without you needing to go to a Solicitor.

It is highly recommended that you send your contract to us for review. Just like any contract, a lawyer should look it over to see that there are no hidden surprises. Our years of experience have also allowed us to develop a list of special conditions that we can review based on your property and discuss if it is worthwhile including them. An example of this, is where a house is going to Auction, and at inspection you find that the stove exhaust has been fitted, but there is no flue connected. We can ensure that this is fitted if you are the successful bidder.

Moisture, termites and cracks are all easily hidden and can be a sign of a deeper issue with the house. A building inspector can uncover these and give you comfort in knowing that your purchase will be a sound one.

The Section 32 , also called a Vendors statement, accompanies the Contract of Sale and is essential. It is a document containing all the important information pertaining to the property, including Land Title details as well as a range of government certificates so that your buyer is fully aware of what is being sold and any possible restrictions on the land such as caveats, easements and heritage restrictions to name a few. We charge $550 + GST plus disbursements.

We prepare 5 paper versions of the Contract of Sale and Vendor’s section 32 disclosure statement. We get the contract properly bound so that pages are not tampered with. We apply for approx. 9 title searches. These are called disbursements and include property and rate inquiry certificates. The number of certificates depends upon the requirements of the property. These certificates are attached to the Disclosure Statement. We also send the selling agent an electronic version of the contract for distribution to prospective purchasers.

Our point of difference is the pages of special conditions which we have developed over years of practice. It is not the number of special conditions which matters but the quality and adequacy of those conditions to the current law. These are not too stringent to thwart a sale. They are tough to ensure a smooth transition towards settlement.

Disbursements are fees that other departments charge to supply us with the documentation and information we require. These include title searches, council land certificates, planning and heritage certificates, road authority certificates and more. These are all important documents that need to be included in you contract.

A caveat is a legal document that allows a lawyer to register your interest in the property once you have signed the contract. This avoids the property being sold to someone else. Once a caveat is listed on the Title, only the person who put the caveat on, can remove it.