Residential Conveyancing in Victoria

Who this service is for

This service is for individual purchasers, sellers, couples and family trusts dealing with residential property in Victoria. That includes detached houses, units, apartments (including off-the-plan), townhouses and residential land. Purchases by self-managed superannuation funds and trusts involve additional structuring — we deal with those as part of the same engagement rather than as an add-on.

Buying a home: what we do

1. Pre-signing contract and section 32 review. We read the contract of sale and vendor statement, check the title, encumbrances, planning zone and any owners corporation information, and produce a plain-English report identifying anything you should know before you commit.
2. Negotiation of amendments. Where a special condition is unfair or a disclosure is thin, we ask for amendments. Vendors often accept reasonable requests before contract exchange.
3. Cooling-off and conditions. If the contract is subject to finance, building and pest, or sale of another property, we track the deadlines and manage the notices required to exercise, waive or terminate.
4. Stamp duty and grants. We prepare the State Revenue Office duty forms and advise on eligibility for first home buyer duty exemption or concession, off-the-plan concession, principal place of residence and foreign purchaser additional duty.
5. Settlement on PEXA. We book settlement, prepare the transfer, coordinate with your lender, calculate adjustments for rates and water, and attend the electronic settlement on the day. Once settlement is confirmed, we notify the agent to release keys.

Selling a home: what we do

1. Preparing the section 32. We assemble the vendor statement using current title, planning, rates, water and, where applicable, owners corporation certificates. Getting disclosure right up front reduces the risk of a purchaser rescinding.
2. Drafting the contract of sale. Standard REIV form contracts are appropriate for most transactions. We tailor special conditions where the sale is more complex — for example, a subject to subdivision sale or a sale with vendor finance.
3. Deposit and cooling-off. We hold the deposit or confirm release conditions and manage any cooling-off notice from the purchaser.
4. Discharge of mortgage and adjustments. We coordinate with your outgoing lender for release of the mortgage and prepare final settlement figures with adjustments in your favour.
5. Settlement day. We attend on PEXA and, once funds are received, direct the agent to release the property and account to you for the net proceeds.

Common mistakes we help clients avoid

• Signing before the section 32 and contract have been reviewed by a lawyer.
• Assuming cooling-off applies at auction (it does not).
• Missing a finance clause deadline and losing the ability to terminate.
• Overlooking foreign purchaser surcharge or land tax consequences of a joint purchase.
• Not verifying the correct legal name of the purchasing entity — later name changes require expensive amendments.

What to prepare

• The signed or draft contract of sale and section 32 statement.
• Photo identification for verification of identity.
• Finance approval letter or preferred lender contact details.
• Any concession or grant paperwork you have completed.

Working with Blakie + Britt

Every residential transaction is supervised by a lawyer at Parke Lawyers. We provide clear fixed-fee quotes on request and keep communication direct — you will speak with the person handling your matter rather than being routed through a call centre.

Timing and the settlement calendar

Residential contracts in Victoria commonly nominate settlement 30, 60 or 90 days after signing. Longer periods are typical for off-the-plan purchases and for sales that depend on the vendor buying elsewhere. The settlement date drives the whole timetable: finance approval, building and pest inspection, cooling-off notice (if applicable), booking of PEXA workspaces, verification of identity, and the purchaser's transfer of funds. We prepare a written timeline at the start of each matter so that critical dates are visible from day one.

Adjustments and pre-settlement inspection

Council rates, water usage and service charges, land tax where applicable, and owners corporation fees are adjusted at settlement. Adjustments are calculated by reference to the settlement date so that each party pays for the period of their ownership. Purchasers are entitled to a final inspection in the days before settlement to confirm the property is in the same condition it was in on the day of sale, subject to fair wear and tear. If the inspection reveals a material change — damage, removed fixtures, or possessions left behind — we address it before settlement rather than after.

Ownership as joint tenants or tenants in common

Couples and co-purchasers must decide how they hold the property. Joint tenancy carries a right of survivorship — on the death of one owner the property passes to the survivor by operation of law, outside the will. Tenancy in common records specified proportions and each share passes under the deceased owner's will or intestacy. The right choice depends on estate planning, contribution to purchase price, relationship structure and the presence of any prior family arrangement. This is a matter to think through with a lawyer before the transfer is signed rather than after.

Where separate advice is needed

Financial capacity and lender selection are matters for the client's broker or bank. Depreciation, negative gearing, capital gains tax and the tax treatment of principal place of residence are matters for an accountant. Family law consequences of adding or removing an owner are addressed with a family lawyer. We identify these questions and assist you to coordinate the specialists your matter needs.

Limitations of general information

This page describes a typical Victorian residential conveyance. It is not a substitute for advice on your particular property, contract or funding arrangements.