Gleeson and Co Lawyers in St Kilda, Victoria | Lawyer & law firm

Gleeson and Co Lawyers

Locality: St Kilda, Victoria

Phone: +61 3 9534 3002

Address: 376 St Kilda Road 3182 St Kilda, VIC, Australia

Website: http://www.gclawyers.com.au

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25.01.2022 Buying a property? What is the Contract of Sale? The contract of sale is the most important document in the process of buying a property as it outlines the terms and conditions as agreed on by the vendor and you. It must writing and it must be signed by the parties involved. The contract is normally prepared by the vendor’s solicitor. However, details such as the sale price and settlement date are often completed when the parties sign the contract of sale.... Provided that the vendor agrees, the contract may be conditional such as ‘subject to finance’, ‘subject to a building inspection’, ‘subject to the sale of the purchaser’s property’ etc. The sale will only proceed if the conditions are met. For example, if you are selling a property to finance your purchase and the contract of sale is ‘subject to the sale of the purchaser’s property’ the contract sale will only go unconditional when you have sold your property. An unconditional contract simply means that the sale is not dependent on any terms and must proceed. If you decide to withdraw once the contract has become unconditional, the vendor would be entitled to recover any financial losses it sustains. The vendor’s losses could potentially exceed the quantum of the deposit and could lead to litigation. It is highly recommended that you seek legal advice prior to signing an unconditional contract. Gleeson & Co will review the contract of sale free of charge. A contract of sale may be relatively simple, however, there may be additional elements that can complicate the contract such as a Cooling-off Period, Subject to Finance clause, Subject to Lease or special conditions such as building inspections or settlement requirements. Having a Lawyer review the contract will ensure that any complications or special conditions are considered before signing the contract.

18.01.2022 Buying or selling your property? What is a Section 32? Section 32 of the Sale of Land Act abolishes the common law principle of ‘let the buyer beware’ and obliges the seller of real estate to disclose certain information to the purchaser before the parties enter into a Contract of Sale. The Section 32, otherwise known as a Vendor’s Statement, contains the required disclosures. Depending on the property being sold you, the seller, will be obliged to provide some or all of the ...following information: A copy of the Certificate of Title (known as a Registered Search Statement). A copy of the Plan of Subdivision. Particulars of registered and unregistered mortgages, caveats and charges. Details of any restrictions on tile such as easements, covenants etc. Particulars of outgoings such as council and water rates. Owners Corporation Certificate. Planing information including the planning overlay, road access, bushfire prone areas. Building permits issued within the last 7 years. Owner-builder insurance. Any notices affecting the land. Particulars of services that are not connected to the property i.e. gas, sewerage, land line etc. Due diligence check-list. It’s vital your Section 32 is prepared correctly as failure to make the necessary disclosures can give the purchaser the right to terminate the Contract of Sale. By instructing a Lawyer to act on your behalf you should expect to have the peace of mind of knowing that you’re receiving expert advice and that the Principal Solicitor of the firm is overseeing every aspect of your sale. This ensures your Section 32 complies with the law and that you’re fully protected.

11.01.2022 http://www.gclawyers.com.au/ Gleeson & Co Lawyers are a small team of professional community minded Lawyers based and living in St Kilda. We have a feel for both the local area and greater Melbourne. Our expertise includes Injury Claims (including TAC), Victims of Crime Compensation, Sexual Harassment and Discrimination, Family and Divorce Law. We also offer fixed price services for Wills, Enduring Powers of Attorney and Conveyancing (buying and selling).

03.01.2022 Have you made a will? A will is a legal document which sets out how a person (the testator) intends to distribute their assets after their death. The most important part of making a will is meeting the necessary legal requirements to ensure that it is valid. If a will is found to be invalid after a person’s death, their assets and debts will be distributed using a predetermined formula. This is the same process that would apply if you had not made a will. When making a will, ...it must be in writing; be signed by the testator in the presence of two or more witnesses; and must include the witnesses’ signatures. If you die without a valid will it is called 'dying intestate'. There are set rules to decide who gets your assets. These rules apply to everyone and do not take into account an individual’s wishes or situation. An important aspect of life-planning is securing the financial future of your family by making a valid Will and appointing a Power of Attorney. We can help you navigate the process with a simplified approach that will enable you to be well informed and prepared for the future.