Knowledge Bank

At Merton Lawyers, understanding starts by arming you with tools and resources
to better navigate your next steps in law and life.

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Guide to Property Co-ownership: Manner of Holding

When you decide to a purchase a property with somebody else, you will need to consider how your ownership will be registered on the title of that property. That is to say, you will need to elect your manner of holding. The two most common forms of co-ownership are joint tenancy or tenancy in common.

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Purchaser Checklist

Purchasing a property is an exciting event in anyone’s life. However, the conveyancing process can be quite daunting for those who are unfamiliar with it, and even ostensibly minor oversights can have drastic consequences.

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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.

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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.

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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”).

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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).

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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.

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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.

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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.

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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.

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