Conveyancing and Property Law

Our decades of experience and committed staff ensure that your property transaction proceeds efficiently as possible.

The Phillips & Wilkins Property Law Team can advise you, your family and your business on a broad range of property transactions and tailor solutions to you.

Our staff have decades of experience and will ensure our advice is appropriate for your circumstances whether you are an experienced property developer or first time buyer.

If you are using a conveyancer who is not part of a law firm, should problems arise in a transaction they would need to refer you on to a lawyer. At our firm with our experienced property lawyers we can deal with all problems that may arise.

We have worked hard over the last decade to incorporate technology into our legal practice and were early adaptors to e-conveyancing in Victoria using the Property Exchange Australia
(‘PEXA’) platform.

Phillips & Wilkins provide legal advice tailored to protect your investment and add value to your real estate transactions.

Please discuss your proposed matter with us so we can
provide a fee arrangement to reflect the value provided by our team.

eConveyancing

We aim to make best use of electronic communications to promote efficiencies and reduce paper waste and we are early adopters of PEXA, the Government and Bank-supported electronic title transfer and registration service that will be compulsory in 2018 – 2019.

We can assist in the following areas:

 Residential Property
We act in all residential property sales and purchases in Victoria. If you are purchasing, please contact us before an auction or you sign a contract. We will review up to three contracts of sale at no charge provided you use our services to complete the transaction once you do purchase a property.
If you are selling, please get in touch so that we can discuss your requirements. We recognise that all property transactions are unique and require a tailored approach.

Commercial Property
It is important to obtain specific advice on any commercial property transaction. Commercial properties vary significantly from residential property. Commercial leases, commercial zoning and essential safety measures are examples of matters relevant to commercial property. It is also important to consider how GST will be treated in a sale or purchase.

We can provide all necessary advice pre-contract and during a transaction to ensure that your interests are protected.
Please get in touch with us if you are considering purchasing or selling commercial property.

 

Advice on Personal Guarantees and Mortgages (“Solicitor Certificates”)
It is becoming more and more common for parents or other people to provide personal guarantees when other family members borrow money.

Banks and other lenders often require that the guarantor obtain a certificate from a solicitor stating that the solicitor has provided advice on the guarantee and loan documents to the guarantor, that the guarantor has understood the advice, and that the solicitor has confirmed the identity of the guarantor.
Please get in touch with us if you require this service.

Commercial Leasing
Please see our commercial leasing page by clicking here.

 

Property Development and Subdivision
In its simplest form subdivision is the process of dividing a lot into two or more lots. A plan of subdivision is prepared by a surveyor and lodged with the Land Titles Office by us. There
are many different iterations and versions on the general theme of subdivision – be it combining multiple lots and then subdividing them, changing the boundary between two lots or many other potential changes.

We can also assist in the preparation of joint venture agreements or other agreements between multiple parties who are developing real estate. It is critical that the terms of an
agreement or recorded before a project begins so that if a dispute does arise there is a framework to deal with it.

Our property law team is very experienced in acting for property developers, be they preparing a two-lot subdivision or many more. Please get in touch with us to discuss your proposal and we can provide the necessary advice. We advise you should get in touch with us early to avoid costly mistakes in future.

 

Property Transfers
Do you want to transfer real estate between two people or entities? Or transfer property between you and your spouse?
Specific rules apply especially in relation to stamp duty. We can assist you in completing any property transfer.

Property Disputes
Our experienced property law and litigation teams can assist you in deal with any disputes that involve real estate.

Please get in touch with us to discuss your matter.

If the property law dispute is related to a family law dispute or breakdown in a domestic relationship please click here for more information.

 

eConveyancing

We aim to make best use of electronic communications to promote efficiencies and reduce paper waste and we are early adopters of PEXA, the Government and Bank-supported electronic title transfer and registration service that will be compulsory in 2018 – 2019.

Our Property & Conveyancing Team

Grant Mackenzie

Chris Henderson

Have Any Questions?

What is a vendor statement?

When an owner of real estate wants to sell their property, they must provide any prospective buyer with a Vendor Statement. A Vendor Statement (also referred to as a Section 32/s32) discloses all matters affecting the property including the rates and land tax payable, whether the property is in a bushfire zone and what services are connected. Before signing away, speak to Phillips & Wilkins to address your s32 questions.
 

Can I authorise someone to sign a contract on my behalf?

If you are not the executor of an estate (special rules apply in this situation), you may authorise someone by way of a General Power of Attorney to sign the Contract of Sale. Whilst general by name, it can be limited to the sale of the property and can co-exist with other Powers of Attorney you may have. Planning on taking a trip somewhere on your auction date? Speak to Phillips & Wilkins to have a General Power of Attorney drawn up.

What is verification of identity?

Verification of identity is a relatively new concept in Victoria introduced by the Land Titles Office whereby all parties to a transaction are to have their identity’s verified. To have your identity verified, you must produce items of identification (ie passport, drivers licence, Medicare etcetera) and your representative must then be satisfied you are who you are.
 

What happens to rates and owners corporations fees at settlement when I sell my property?

At settlement, a statement of adjustments is prepared usually by the Purchaser which provides how the rates, owner’s corporation fees and rental (if applicable) are to be apportioned between the Vendor and Purchaser. As a vendor, any payments made will be accounted and the purchaser will become liable for the remainder of the rating period.

Further Reading

5 Important Things to Consider When Purchasing a Property

With the federal election result decided, we have seen an increase in the interest in people looking to list their property for sale and people looking to buy property. For the people looking to buy, there are 5 things that all purchasers should consider when...

Are You An Owner Builder? Know Your Obligations

Vendor Statement Disclosure: Owner Builders In recent years, the influx of renovation shows like the Block and House Rules has meant that property owners have got the DIY bug. But did you know, by doing such things as replacing bathroom tiles or fixing a hole in a...

Send Us An Enquiry

One of our Property team will contact you for a free chat about your legal requirements.

“I wanted to extend my thanks for helping guide us through the process for this very unusual property.

I appreciate all your time spent on this and the speed with which everything has been handled the entire way. A delight to work with you again and I look forward to having you represent us in the future.”

Roman O