A joint tenancy may be severed by the unilateral action of a one of the joint proprietors of a parcel of land without the consent or […]

Section 24(1) of the Duties Act 2000 provides that dutiable property purchases (i.e. more than one) are to be aggregated and treated as a single dutiable […]

From 1 July 2026, all Australian conveyancers (and also all lawyers who practice in property law) will become subject to the obligations of the Anti-Money Laundering […]

Not using a conveyancer when buying property carries risks including financial losses from contract errors or missed debts, legal disputes over compliance and property rights, missed […]

The purpose of the final inspection by a purchaser is to check for damage since the Day of Sale or missing items. Refusing to settle over […]

Home title insurance protects property owners from financial loss due to title defects or legal issues related to property ownership. It’s a one-time cost, typically paid […]

In Victoria, a sunset clause in an off-the-plan property contract allows a developer to terminate the contract if certain conditions, like the registration of a plan […]

A pre-settlement inspection, also known as a final inspection, is an important step before finalising a property purchase. It allows the buyer to ensure the property […]

It is recommended to engage a conveyancer or solicitor before making an offer on a property. They can review the contract of sale, identify potential issues, […]

A PEXA fee is a mandatory charge for using the Property Exchange Australia (PEXA) platform to facilitate electronic property settlements. It’s essentially a transaction fee that […]

If your finance falls through after an auction, you face serious consequences as the property purchase is legally binding. You will likely lose your deposit (typically […]

If the property that you’re considering buying is affected by an Owners Corporation that is not inactive, in accordance with subsection 32F(1)(a) of the Sale of […]

If you buy a newly constructed dwelling, some differences apply: You may be eligible for the First Home Owner Grant, if you are first home buyer […]

If you buy a dwelling off the plan in a strata subdivision on or after 21/10/2024 but before 21/10/2025, you will eligible for the off-the-plan stamp […]

If you want to secure your finances and protect your family’s future you might have thought about investing in properties and why not? Property investment is […]

If you’re buying a property, at settlement you are obligated to pay the seller the adjusted settlement price. If you have a lender There are two […]

Here’s what happens to a property if the owner dies: Joint Ownership: If there’s a surviving owner, they can apply for a survivorship transfer to become […]

It has been a Registrar’s Requirement to lodge almost all Transfer dealings at Land Use Victoria using an electronic settlement system since 1 October 2018. That […]

If you’ve sold your property and your contract has become unconditional, the following things occur: Your conveyancer advises the purchaser’s conveyancer if the sale is subject […]

At settlement the parties to the Contract (the buyer and seller) fulfill their obligations. The buyer and/or their lender (the Incoming Mortgagee) provides the balance of […]

The deposit paid by the purchaser under a contract will generally remain in trust until settlement, when it is then released to the vendor. However, sometimes […]

electronic settlement is now compulsory in Victoria for all settlements apart from a few relatively rare exceptions. What are the savings with electronic settlement, compared to […]

Section 32 of the Sale of Land Act 1962 (Vic) prescribes that a vendor must give a signed statement to the purchaser before the purchaser signs […]

Many people who own land without a mortgage hold their paper Certificate of Title.  Particularly, the older parchment ones are quite beautiful. However, there is a […]

If you’ve bought a new residential property since 1 July 2018, or one that that has been substantially renovated, then GST usually forms part of the […]

Why is electronic settlement such a good thing for buyers and sellers? 1. Once an electronic settlement has been made Ready by all of the parties […]

Since November 2015, it’s been a Land Victoria requirement that any person who’s buying or selling property has to have their identity verified. This includes the […]

On 23 October 2016, every Victorian paper Certificate of Title that was first mortgaged on that day to one of the four major banks (i.e. ANZ, […]

If you’ve been looking to buy your first home in Victoria you might be thinking that you’re facing an uphill battle. Between finding that first home […]

If you are a part owner of land that has been subdivided into two lots, you are able to “partition” the land so that after the […]

Section 12(d) of the Sale of Land Act 1962 has been amended with effect from 1 March 2020 so that a seller who knowingly conceals any […]

Not all of these issues apply to all types of sales.  However, failure to disclose any of them if applicable in your Section 32 Vendor’s Statement […]

If you’ve bought a property, you (and your conveyancer) have the following obligations: Pay the deposit in full by its due date, usually to the selling […]

Not all of these warnings apply to all types of purchases: The proposed Contract contains Special Conditions that are oppressive to your interests. Special Conditions add […]

If you have been appointed as the Attorney for another person or a company (“the appointor”), and you wish to execute a dealing on the title […]

A full or part interest in a property can be transferred between related parties.  Examples of related parties include spouses, domestic partners, family members, friends, business […]

In general, vendors won’t permit buyers to purchase a property subject to a satisfactory building inspection.  This is because a purchaser’s satisfaction standard is subjective.  Instead, […]

From 1 January 2025 the Foreign Resident Capital Gains (FRCG) withholding regime will now apply to all sales of real estate in Australia, previously this only […]

A purchaser can object to a request for early release of the deposit from trust on three different grounds: If there is a mortgage over the […]

Glenferrie Conveyancing works closely with a range of trusted small business partners.  We can refer our clients to the following professionals: A building and pest inspector, […]

If you buy a commercial or industrial property on or after 1 July 2024, it will be an entry transaction affected by the new commercial and […]

The settlement date is usually agreed between the buyer and the seller, and this is written into the contract as an essential term. Buyers need to […]

From 3 August 2024, all new certificates of titles in Victoria will be mandatorily issued in electronic form. Up until that date, the conveyancer, legal practitioner […]

A fixture can be defined as anything that cannot be removed without leaving a defect. On the other hand, goods sold with the land or chattels are items that are […]

A Licence Agreement is a supplement to the sale of land contract that allows one of two things: The purchaser(s) to occupy the property for a […]

Effective from 1 January 2024, the Sale of Land Act 1962 has been amended to prohibit the apportionment of land tax between the purchaser and the […]

Although trusts and superannuation funds are legal entities that pay tax, they cannot own property themselves directly.   If a trust or superannuation fund wants to buy […]

The Adjustments general condition of a contract of sale of real estate reads as follows: The periodic outgoings and rent and other income is apportioned on […]

Are you asking yourself when you need a property valuation? First, let’s talk about stamp duty. Stamp duty is calculated on the dutiable value of the […]

If you’ve not an Australian or New Zealand citizen, and you don’t hold a permanent visa allowing you to be in Australia, then you are regarded […]

If you’ve bought a property and a registered proprietor has died, then either: There is a surviving joint proprietor or proprietors, who can lodge a survivorship […]

If you buy a property in rural or regional Victoria, you may see a few differences from buying a home in Melbourne. The property: May not […]

If you buy a property subject to a lease, then at settlement you become the landlord and are bound by the terms and conditions of the […]

Cooling off is the purchaser’s right to end a contract for the sale of real estate within 3 clear business days of the day that they […]

If a property has more than one owner, and they own the property as tenants in common, typically A and B are shown as tenants in […]

Contracts drafted by vendors occasionally include special conditions that require the purchaser to pay the vendor’s legal costs. However, subsection 42(3) of the Property Law Act […]

Individual trustees are people, and they can die.  This is why there are usually at least two individual trustees of a trust, and they own the […]

Yes, you may be able to move into a vacant property before settlement with the vendor’s permission. This typically involves a Licence Agreement, in which the […]

Consolidation is when the land contained in two or more adjacent titles is consolidated into a single lot and a new child title is issued to […]

A caveat is an ex-parte (single party) dealing registered on a title or group of titles that shows the valid interest of that party (the caveator) […]

If you are buying, selling or transferring the ownership of property, you will be a party shown on an electronic document called a Transfer, either as […]

If the property you are buying going to be your principal place of residence, you may become eligible for several concessions and exemptions: A stamp duty […]

If you’re not buying at auction, it is possible to purchase a property subject to getting a loan approval within a specified time. This is done […]

Step 1: The vendor signs their Vendor Statement (Section 32), a signed statement of matters affecting the land as specified in section 32 of the Sale […]

No. Instead, the trustee or the trustees of the trust own the land on behalf of the trust and its beneficiaries.  This is why only the […]

An easement is the right of a party to use land that does not belong to them.  There are two parties to an easement: The Dominant […]

Fees for lodging conveyancing documents have increased from 1 July 2021.  Examples of the most common fees are: The fee for lodging a transfer without consideration […]

In almost all contracts for the sale of land, the periodic outgoings imposed on the land are apportioned between the buyer and the seller. Periodic outgoings […]

This is an occasional question from clients who are buying a principal residence from an investor. Land tax is assessed each January 1 for that calendar […]

The difference between joint proprietors vs tenants in common is: For joint proprietors, if one dies, the surviving owner automatically owns the property. All joint proprietors […]

Here are some of the most common stamp duty exemptions and concessions that transferees (buyers) may be eligible for: A waiver of 25% off for existing […]

A prospective client recently called us wanting to “add a name to a title”, and wanting to know if there’s a form that needs to be […]

Have you considered the question “Should I purchase a property subject to a building and pest inspection?” Our advice when buying a residence that is not […]

For a property being auctioned, you should write to the Agent before the auction asking if their client/s would accept bids from you at the auction […]

After the contract for the purchase of your home has been settled: Your conveyancer will send a Notice of Acquisition to the authorities whose charges are […]

Sellers don’t have to pay Stamp Duty when they sell land, but they do have to declare information about the land that they’re selling on their […]

We continue to deal with the challenges of the coronavirus pandemic: We have been working from home since 2012, and are continuing to do so. Our […]

We are dealing with the challenges of the coronavirus pandemic: We did not increase our fees in 2019-2020, and we have not increased them again for […]

The Duties Act regards you as a first home buyer if: You have never owned a residential property in Australia, or you have purchased a residential […]

If you buy a house, apartment, unit or vacant block of land off a Plan of Subdivision that has not been registered, then you are buying […]

A mortgage occurs when a property is offered by its owner to a lender (usually a bank) as security for a loan. The owners of the […]

If you’ve sold a property on or after 1 July 2017 for $750,000 or more, you will be liable to have 12.5% of your sale proceeds […]

If you’re ready to sell your family home, your investment property or even a holiday house, there are a range of things you have to consider. […]

View full size View full size Transcript: Before You Buy. If you would like Glenferrie Conveyancing Pty Ltd to review your proposed Contract and Vendor’s Statement […]

There are plenty of costs involved in buying a property but there are also plenty of good reasons to take the plunge. Buying property can mean […]

When it comes to making the right purchase, modern day consumers are savvy. We don’t just look at a car’s shiny paint job or its great […]