Knowledge Bank
At Merton Lawyers, understanding starts by arming you with tools and resources
to better navigate your next steps in law and life.
Underquoting
Underquoting refers to the practice of advertising a property for sale at an unreasonably low price to boost the number of interested buyers and ultimately increase the final price.
To Caveat or not to Caveat?
When you purchase any type of real estate, you obtain (upon signing the contract of sale), what is known as an ‘interest’ in the property. Until this interest is registered with the Land Titles Office within your respective state, you are not the legal owner of the property.
Family Provision Orders
What is a family provision order and who is eligible to apply for a family provision order?
Making a Will
At Merton Lawyers we take pride in taking the time to understand your exact circumstances, to ensure the documents we draft are right for you. Our Wills are bespoke, and this offers you flexibility and control that cannot be achieved by using a will kit.
Section 27 Statement FAQ
A Section 27 Statement, commonly known as an “Early Release of Deposit Authority”, allows the vendor to request access to the deposit funds paid by the purchaser prior to settlement. It is a statement provided by the vendor that provides information required under s.27 of the Sale of Land Act 1962 (“the Act”).
The Section 32: Top 5 Questions
The Section 32 is a mandatory document that discloses information that may affect the value of the land being sold in a property transaction. Also known as a Vendor’s Statement, the term ‘Section 32’ is derived from the correlating section under the Sale of Land Act 1962 (VIC).
Why Everyone Needs a Will
A Will is a legal document that commences operation upon your death. A Will appoints a person (or persons, or an organisation) who are known as the executor/s to call in the assets of your estate, and then distribute these to your beneficiaries in accordance with your directions.
Part 5: Post Settlement
We can assist you if you find problems with the building following settlement. You may be covered by legal warranties in respect of the workmanship of the building or even a builder’s insurance policy. Legal warranties/insurance may still apply even though a property has been bought and sold many times.
Part 4: Settlement
Settlement will generally occur between 30 and 90 days from the date you sign the Contract. This is the day you become the registered owner of the property and are free to move in.
Part 3: Before Settlement
Within seven days of the date of settlement, you should inspect the property to ensure that it is in the same condition as when you signed the Contract. The Contract normally requires that the property be handed over by the seller to a buyer in the same condition it was in when the property was sold.
Part 2: Between Contract Signing and Settlement
explore the post contract/prior to settlement phase which includes dealing with deposits, cooling off periods, insurances, building inspections and of course our favourite Electronic PEXA.
Part 1: Before Signing the Contract
Whether you’re a first time buyer or you already own property, buying property in Victoria can be both exciting and confusing at the same time. It’s essential that you’re on top of not only on the look and location of the property, but also on a number of other key matters, including the legal side of a purchase.
Introducing electronic conveyancing
Purchasing a property is a huge financial decision. The complexities of property law can be daunting, and inadequate legal advice can have serious consequences.
5 Steps to Buying a Property in Victoria
The top 5 things you need to know when preparing to buy a property in Victoria.