Property law
Conveyancing and Property Law in Melbourne
Conveyancing services at a glance
In short: Cimino & Cimino assists with Victorian conveyancing for property purchases and property sales, transfers of land, and Homesafe matters. We can review contracts and Section 32 vendor statements, prepare sale documents, advise on title and settlement issues, liaise with agents, banks, brokers and other lawyers, and manage the legal work needed to complete settlement.
How we can help
Conveyancing for purchasers
Before you sign a contract or bid at auction, you should understand what you are buying and what legal risks come with it. A contract of sale and Section 32 vendor statement can raise issues affecting finance, settlement, property use, future development, ownership costs and resale.
Cimino & Cimino can review the contract, explain special conditions, check title issues, identify concerns in the vendor statement and guide you through the purchase and settlement process.
Conveyancing for sellers
Selling property requires properly prepared documents before the property is offered for sale. The contract and Section 32 vendor statement need to be accurate, complete and suitable for the transaction.
Cimino & Cimino can prepare sale documents, liaise with your agent, deal with buyer enquiries, manage contract changes, assist with discharge of mortgage requirements and progress the sale through to settlement.
Transfers of land
A transfer of land can occur without an ordinary sale. Common examples include transfers between spouses or domestic partners, family arrangements, deceased estate transfers, trust or company restructures, separation-related transfers and gifts.
These matters can involve duty, tax, mortgage, ownership, estate planning and asset protection issues. The legal work should be done carefully before documents are signed or lodged.
Homesafe matters
Homesafe arrangements can allow eligible homeowners to access part of the value of their home in exchange for Homesafe receiving an agreed share of future sale proceeds.
These transactions should not be treated as routine conveyancing. They require careful legal advice about the agreement, the effect on future sale proceeds, ongoing ownership, estate implications and practical risks for the homeowner and family.
When should you contact a conveyancing lawyer?
The safest time to get advice is before you sign. Once a contract is signed, your options may be limited by the wording of the contract, the settlement date, finance deadlines, cooling-off rules, auction conditions or special conditions.
- You are buying a house, unit, apartment, townhouse, vacant land or investment property.
- You want a contract reviewed before signing or before an auction.
- You are selling and need a contract of sale and Section 32 vendor statement prepared.
- The property has an owners corporation, covenant, caveat, easement, lease, planning issue or unusual title issue.
- You are transferring property to a spouse, family member, company, trust or estate beneficiary.
- You are dealing with a bank, broker, agent or another lawyer and need the matter progressed to settlement.
- You are considering a Homesafe arrangement and need legal advice before committing.
What we look for in a property transaction
Every property transaction is different, but the issues below are commonly relevant in Victorian conveyancing matters.
Contract and special conditions
- Finance conditions
- Building and pest conditions
- Settlement date and default consequences
- Deposit terms
- Nomination rights
- Special conditions that alter standard rights or obligations
Title and property risks
- Registered mortgages
- Caveats and notices
- Easements
- Covenants and restrictions
- Owners corporation issues
- Planning, zoning and overlay issues
Money and settlement issues
- Deposit handling
- Statement of adjustments
- Council, water and owners corporation outgoings
- Land tax and property tax issues
- Transfer duty considerations
- PEXA settlement requirements
Practical transaction management
- Liaising with agents, banks, brokers and other lawyers
- Verification of identity requirements
- Transfer documents
- Discharge of mortgage coordination
- Pre-settlement checks
- Post-settlement notices and confirmation
Our conveyancing process
- Initial discussion
We identify whether the matter is a purchase, sale, transfer or Homesafe matter and confirm the immediate deadlines. - Document review or preparation
For purchasers, we review the contract and vendor statement. For sellers, we prepare the contract and Section 32 vendor statement. For transfers, we identify the documents, consents and duty issues likely to be involved. - Risk advice
We explain the legal and practical risks in plain terms, including issues that may affect settlement, finance, ownership, use of the property or future sale. - Transaction management
We liaise with the other parties, agents, banks, brokers and settlement platform participants as needed to progress the matter. - Settlement
We manage the legal settlement process, including adjustments, transfer documentation and electronic settlement steps where applicable.
Why use Cimino & Cimino?
Legal advice, not just paperwork
Conveyancing is not only a document process. Property transactions can raise contract, title, duty, estate planning, trust, company, family law and dispute issues. A lawyer can identify legal risks that may not be obvious from the front page of the contract.
Practical and direct communication
We aim to explain the issue, the consequence and the next step clearly. Clients should know what they are signing, what they are paying and what must happen before settlement.
Clear fees where possible
For many standard conveyancing matters, fixed-fee options may be available. More complex property law matters may require a tailored estimate. In either case, fees should be discussed before work begins.
Victorian property focus
Cimino & Cimino assists with Victorian property transactions, including purchases, sales, transfers, electronic settlements and property-related legal issues affecting owners, purchasers, sellers and families.
Conveyancing services for buyers, sellers and owners
Cimino & Cimino can assist with a range of Victorian property matters, including:
- property purchase conveyancing for buyers, first home buyers and investors;
- property sale conveyancing for vendors preparing to sell;
- transfers of land between family members, spouses, related entities, trusts or estates; and
- Homesafe matters for eligible homeowners considering a Homesafe transaction.
Conveyancing FAQs
What is conveyancing?
Conveyancing is the legal process of transferring ownership of land from one person or entity to another. In Victoria, it commonly involves a contract of sale, a Section 32 vendor statement, title searches, duty forms, settlement adjustments, transfer documents and electronic settlement.
Should I get a contract reviewed before signing?
Yes. A contract review before signing is usually the safest approach. Once you sign, you may be bound by the contract terms, including the settlement date, deposit requirements, special conditions and default consequences. This is especially important before an auction, because auction contracts are usually unconditional.
What is a Section 32 vendor statement?
A Section 32 vendor statement is a disclosure document given by the seller to a prospective purchaser in a Victorian property sale. It usually contains important information about title, planning, outgoings, owners corporation matters and other issues affecting the property.
Can Cimino & Cimino assist if I am selling a property?
Yes. Cimino & Cimino can prepare the contract of sale and Section 32 vendor statement, liaise with the real estate agent, respond to purchaser enquiries, assist with contract signing and manage the sale through to settlement.
Can Cimino & Cimino assist if I am buying a property?
Yes. Cimino & Cimino can review the contract and Section 32 vendor statement, advise on legal risks, explain special conditions, assist with signing, liaise with your lender or broker where required and manage the purchase through to settlement.
What is the difference between conveyancing and a transfer of land?
Conveyancing often refers to a sale or purchase transaction. A transfer of land can be broader and may occur without an ordinary sale, such as a transfer between spouses, family members, related companies, trusts, estates or beneficiaries. Transfers can still have duty, tax, mortgage and legal consequences.
Do property transfers between family members still need legal advice?
Yes. Family transfers can create duty, tax, mortgage, estate planning, family law and ownership issues. Legal advice should be obtained before transfer documents are signed or lodged.
What is PEXA settlement?
PEXA is an electronic settlement platform used for many property transactions. Electronic settlement allows transfer documents, payment directions and settlement steps to be completed digitally between the relevant participants.
Can Cimino & Cimino assist with Homesafe matters?
Yes. Cimino & Cimino can assist eligible homeowners considering a Homesafe arrangement by reviewing the legal documents, explaining the transaction structure and advising on the practical legal consequences before signing.
How do I start?
Start by booking an initial consultation. If you are buying, provide the contract of sale and Section 32 vendor statement. If you are selling, provide the title details, council and water information, owners corporation details if applicable, mortgage details and your agent’s contact information. If you are transferring property, provide the title, names of the parties, mortgage details and the reason for the transfer.
Get advice before you sign or settle
Whether you are buying, selling, transferring property or considering a Homesafe arrangement, early legal advice can reduce the risk of delay, cost and avoidable disputes.
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