Buying or selling property
Your conveyancer checks the contract, runs the searches and books settlement, and explains each document before you put your name to it.
What your conveyancer does
Conveyancing is the legal work of moving a property out of one owner's name and into another's. Either way you deal with a conveyancer, and the firm's property lawyers stand behind them.
If you are buying
- The contract and the vendor statement are read before you sign, and the risks are explained to you.
- Planning restrictions, owners corporation rules, building regulations and any covenant on the land are checked.
- Any stamp duty concession or exemption you are entitled to is claimed.
- Your lender or broker is kept in step, so the money is ready on the day.
If you are selling
- The contract of sale and the vendor statement are prepared before the property is listed.
- Documents are lodged for you with the Titles Office, the State Revenue Office and the council.
- Rates and tax adjustments are worked out for settlement.
- Settlement is run online, so cleared funds reach your account on the day.
Every matter starts at this table, with the file open.
What happens between your offer and the keys
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Your offer is accepted
We tell you the contract of sale has reached us, and book a time to go through it with you before you sign anything.
Your part: start the loan approval with your lender or broker.
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We read the contract, and you sign it
We read the contract and the vendor statement, check for council notices and permits against the property, and tell you about any covenant, easement or other restriction on the land. Then we go through the contract with you and send the signed copy to the seller's solicitor.
Your part: read our advice, and ask about anything that is not clear.
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The signed contract comes back, and the conditions are met
We tell you when the fully signed contract arrives and send it to your lender. We check that each special condition has been met, finance, building and pest, soil, and confirm with you that you are happy to proceed.
Your part: sign your loan documents as soon as they arrive.
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Searches, reports and forms
We order the property reports and searches, check that no rates or other debts are owing on the property, prepare the Land Titles and State Revenue Office forms, and work out the adjustments for settlement.
Your part: arrange a final inspection, two to seven days before settlement.
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The settlement figures
We confirm the settlement figures with you and arrange with your lender for the funds to be ready on the day.
Your part: have any shortfall in the right account, ready to be drawn on.
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Settlement
We attend settlement, which runs online, tell you the purchase is complete, and tell the council and the water authority that the property is yours.
Your part: collect the keys from the agent.
A contract signed on a weekend, and a garage that could not be built
A client signed a contract over a weekend, before asking for advice. They planned to build a large garage on the property for their vintage cars.
The searches we run on every purchase found that a new planning restriction was proposed over the land. It would have stopped the garage, and it was not disclosed in the contract of sale. We arranged for the client to be released from the contract.
- What was planned
- A large garage for a collection of vintage cars.
- What the searches found
- A proposed planning restriction, not disclosed in the contract.
- What happened
- The client was released from the contract.
Her advice and ability to be so thorough was very reassuring when making such a big decision.
Questions people ask before they call
Do I need a lawyer or a conveyancer?
You deal with a conveyancer. The firm's property lawyers stand behind them and step in when a matter needs legal advice, without you having to ask.
You are told at the start who is handling your matter and how to reach them.
The agent wants me to sign today. Should I?
Not before someone has read the contract and the vendor statement for you. Send them to us first. You get a call that tells you what is in them and what to ask the agent. Before you sign, we check:
- the special conditions in the contract
- the vendor statement, also called a Section 32
- any covenant, easement or planning restriction on the land
- the settlement date against your finance
If you have already signed, call us straight away. As a buyer you may have a cooling-off period, and the searches can be run inside it.
Read the guide: What happens when I buy a property?
Can I sign if I am interstate or overseas?
Yes. Contracts can be signed electronically on a phone or a tablet, wherever you are. One client sold a Bendigo property after moving overseas, without printing a page.
How soon is the money in my account after settlement?
Settlement runs through PEXA, which pays cleared funds straight into your account. In one delayed sale the funds were in the client's account within 30 minutes of settlement.
What does it cost?
You receive a quote before any work starts. It sets out our fee and the costs paid to others: the searches, registration and any stamp duty.
Guides to read before you sign
Written by the property team. Free to download, and yours to keep whether or not you call us.
If you are buying
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What happens when I buy a property?
The steps from an accepted offer to settlement, and what we do at each one.
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General advice guide for purchasers
The advice we give every buyer, from reading the contract to collecting the keys.
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The questions to ask about a property before you buy. You can fill it in on screen.
If you are selling
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What happens when I sell my property?
The steps from listing with an agent to settlement, and what we do at each one.
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General advice guide for vendors
The advice we give every seller, from the vendor statement to the day the money lands.
If you are buying through your super fund
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Borrowing to buy property through your SMSF
The conditions a self-managed super fund must meet to borrow for property, and the questions to ask first.
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Common traps in SMSF borrowing
Two borrowing arrangements that do not comply with the rules, and what to do instead.
Fifteen people do this work, from Bendigo and Swan Hill
Directors and lawyers
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Josh Ennis
Director, Bendigo
Josh advises a diverse range of clients from both the private and public sectors including multi-nationals and SMEs in residential, mixed use and commercial developments for high rise and greenfield projects.
More about JoshLess about Josh
Having practised in regional Victoria his whole career Josh has also assisted a large number of clients in relation to primary production properties including acquisitions, sales and family farm transfers.
Josh possesses extensive insights into issues related to:
- Private and public acquisition of easements and land (including by compulsory acquisitions)
- Lease of farming land for large-scale infrastructure projects
- Represented landholders in respect to a number of electricity supply, solar farm and battery storage projects in Bendigo, Swan Hill and surrounds.
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Mark Donaldson
Director, Bendigo
Mark is dedicated to providing practical and effective advice in property law.
More about MarkLess about Mark
Responsible for providing legal advice on a wide range of projects throughout regional Victoria, Mark works extensively with regionally-based land and business owners to assist them in achieving their outcomes in a commercial and practical manner.
Mark’s expertise incorporates:
- Farm sales and acquisitions
- Water connection agreements
- Wind farm development agreements and leases
- Water share sales and acquisitions
- Crown land licensing and leasing
- Easements
- Compulsory acquisitions
- Subdivisions
- Road management and closures
- Family farm transfers and stamp duty structures
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Natalie Diener
Senior Associate, Bendigo
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Shannon Chessells
Associate, Bendigo
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Sarah Hawley
Solicitor, Swan Hill
Growing up in the Swan Hill region and completing her studies in Bendigo, Sarah has built strong connections within rural Victoria, gaining a deep understanding of the local landscape and community needs.
More about SarahLess about Sarah
With a comprehensive knowledge of the property market and its fluctuations, Sarah is highly skilled in handling a wide range of property matters, including :
- Local conveyancing
- Farming-related issues
- Complex property transactions
Sarah is dedicated to providing exceptional support to her clients, offering advice on all property needs while striving to promote growth in the local area. She is passionate about empowering her community through her work, ensuring that each client receives the attention and care they deserve.
With a strong commitment to fostering long-term relationships, Sarah’s expertise and local insight make her a trusted professional for individuals and businesses navigating the complexities of property transactions.
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Yolanda Gardiner
Solicitor, Bendigo
Conveyancing client managers
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Alana Moser
Client Manager, Bendigo
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Dale Boyd
Client Manager, Bendigo
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Georgia Bottams
Client Manager, Bendigo
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Jenny Simmonds
Client Manager, Bendigo
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Lachlan Stark
Client Manager, Bendigo
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Sarah Scott
Client Manager, Swan Hill
Property and development client managers
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Joanne Forde
Client Manager, Bendigo
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Linda Nielsen
Client Manager, Bendigo
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Rebecca Hillier
Client Manager, Bendigo
Send us the contract before you sign it.
Tell us what you are buying or selling. A conveyancer will call you back.
Bendigo
177 View Street
Bendigo VIC 3550
Swan Hill
Level 1, 226 Beveridge Street
Swan Hill VIC 3585
