Your Stress-Free Guide to Buying a Property in Melbourne
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What exactly is the solicitor’s role in buying property? Our team manages the entire legal aspect of your purchase, ensuring every detail is scrutinised and legally sound. As your dedicated solicitor for buying property (or licensed conveyancer), we manage the whole house purchase process from the moment your offer is accepted through to settlement day.
Thoroughly examining the Contract of Sale and the Vendor's Statement (Section 32) to highlight any risks or special conditions.
Conducting all necessary property searches (e.g., title, planning, water, land tax) on your behalf.
Coordinating with your bank or mortgage broker to ensure financing is ready for settlement.
Preparing and verifying all legal transfer documents.
Calculating adjustments for council rates, water usage, and other outgoings.
Attending and managing the settlement process to ensure the correct transfer of funds and title.
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Three clear business days from signing, under section 31 of the Sale of Land Act 1962. If you withdraw in time the vendor keeps the greater of $100 or 0.2 per cent of the price. It does not apply to auction purchases, or to a contract signed within three clear business days before or after a publicly advertised auction.
Before you sign if possible, and certainly before cooling off ends. A Victorian contract does not include an inspection by default, so the buyer arranges it. At auction there is no cooling off period, so any inspection has to be done before bidding rather than after.
That depends on whether the contract is subject to finance. A finance condition lets a buyer end the contract if a loan is declined, provided notice is given by the date in the contract and the conditions are met. Without that clause, or after the date passes, the buyer is bound.
Commonly ten per cent, paid on signing, though the amount is negotiable and written into the contract. It is held in the agent’s trust account until settlement rather than passing to the vendor, unless released earlier under section 27 with the buyer’s consent.
Title and plan first, then council, water, land tax and, where relevant, an owners corporation certificate. These confirm who owns the land, what is registered against it, whether rates are outstanding, and whether anything affects how the property can be used.
A final look through before settlement. Most contracts give the buyer a right to inspect shortly before settlement to confirm the property is in the same condition as at sale and that anything included is still there. Raise problems before settlement, since it is much harder afterwards.
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