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Property Law

Bidding an offer and getting into a Sale Contract without being aware of your legal rights can be daunting and have intense, long-term consequences on your investments and overall quality of life. At FCL Lawyers, we assist you in making the delivery process as comfortable as possible for you and your family.

Buying through a real estate agent or directly from the owner is called a purchase through a private treaty. Usually, the assistance of an agent is required when you negotiate with the seller and decide on a sale price. So before signing a contract, do not hesitate to ask questions and feel free to request to see the property for a second or third time. Take your time with a decision by being persuaded by remarks made by the real estate agent or current property owner during the initial inspection.

We thank you for your strong commitment towards the purchase of our investment property. We will certainly recommend you to others.

Ambily and Joe

Most property auctions have a set price. This is the reserve price and is the lowest amount the seller is ready to accept for the property. The reserve price, though, is kept from the purchasers.

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How we help with buying property

Our
Property law services

  • Conveyancing
  • Purchasing a property
  • Selling a property
  • Property disputes
  • Restrictive covenants
  • Commercial leases
  • Town planning
  • Caveat removal

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Why us

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Common FAQ’s
Questions you
may have about
Property Law

What reports should I obtain about a property before deciding to enter into a contract?

You must conduct appropriate due diligence on the property. Usually, you do not need to obtain any reports before deciding to enter into a contract of sale; however, we strongly recommend getting our Lawyers to conduct a contract review and advise on the specifics of the property you are interested in purchasing.

The Stamp duty must be paid within 30 days of settlement of the property. However, as a common practice, we recommend paying the stamp duty to the relevant state revenue office at the time of settlement. The Stamp duty amount depends on various factors: the dutiable value of the property, whether any exemptions or concessions apply, etc. Stamp duty varies between states; e.g. for an investment property of $500,000 in Victoria, the duty payable will be around $25,070. The duty payable for a similar property in Queensland will be $15,925. In New South Wales, a property of $500,000 will incur a stamp duty of $17,590. Our Lawyers can provide you with accurate advice about any questions related to stamp duty or if you are eligible for any stamp duty concessions.

In general, cooling off is an inbuilt mechanism of a Contract of sale that allows the parties to cancel the contract without any explanation. However, be aware that the Contract of Sale enables the Vendor to charge a small fee; usually, it is 0.2% of the contract price. E.g. you must pay $200 for every $100,000. In NSW, generally, the Vendor requires a Section 66W certificate which provides a waiver of the cooling-off period. Auction sales do not have any cooling-off period. The cooling off period varies for each state, e.g. in Victoria, it is three business days; in NSW and Qld, it is five business days. Our Lawyers can advise you whether you have a cooling off right, when the cooling off period starts, or the effect of the cooling off period.

A retail lease is where the retail premises do not include any area intended for use as a residence, and the premises are predominantly used for the sale or hire of goods by retail. Generally, a shop in a shopping centre is deemed to be a retail premise. All retail leases are governed by state-based legislation, whereas commercial leases are not governed by any specific legislation. Commercial leases have negotiable terms, which may vary from lease to lease. One must ensure they understand the implications and obligations under a commercial lease, mainly because it offers less legal protection to the parties. For more specific information about your circumstances, please get in touch with one of our property lawyers, who can guide you in the right direction.

Generally, No. Unless a contract of sale is fully executed, the purchase of a property is not secured. It is a statutory requirement for a contract of sale of land to be in writing and not a mere verbal agreement.

Nomination is only possible if the contract allows for it. The purchaser must add “and or nominee” after their name in the contract particulars. Otherwise, most contracts may require the Vendor’s consent to nominate another purchaser. Some vendors may also impose conditions for nomination, such as additional costs to purchasers or entering into a separate deed. On-selling of the property is only possible with the written consent of the Vendor. Some contract requires the new purchaser to enter into a tripartite deed with the current owner and the previous owner even after settlement. If you have plans to nominate or on-sell your property, our property lawyers can offer the right advice to suit your situation.

TESTIMONIALS

What our clients are saying

Vinu is very professional, courteous and understanding

Warren

We thank you for your strong commitment towards the purchase of our investment property. We will certainly recommend you to others.

Ambily and Jose

Vinu and Shavi were very responsive. I also felt that they made the process run smoothly. I was able to go to them with my concerns and they explained things very well, with a good overview of all sides of the situation. I felt well informed and in good hands!

Rona

The team is very warm and points every single detail when it comes to property law.

Adam Cheise

Excellent service and prompt response. Easy to reach out and provide full support throughout. Happy to recommend.

Nimish

Very good service and very responsible & friendly team of experts.

Akshay

From the start you can tell they are very well organized and experts in their work. Throughout the process they were very informative and always had an open line of communication for my queries. 

Aman

100% We recommend Vinu and team.This was our third time we called Vinu for our conveyancing and contract review.Anytime we can approach them through email ,phone or whatsup.

Very good team.

Thanks for helping us Vinu

Jerry

Great service. Easy to be in touch and always available. Highly recommended.

Shibu

Provided us with advice on how to go about it and took into account our needs and wishes in preparing the will.

Hyacinth

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