McClure Law in Sunbury, Victoria | Divorce & Family Lawyer
McClure Law
Locality: Sunbury, Victoria
Phone: +61 3 9744 1881
Address: 8 Horne Street 3429 Sunbury, VIC, Australia
Website: http://www.mcclurelaw.com.au
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23.01.2022 Along with having the Section 32 reviewed, you should also have your contract looked at to make sure that you understand all the conditions and potential implications. A contract of sale of real estate will be subject to a set General Conditions and will also include some Special Conditions. It is important that you understand these conditions before you sign the contract, as they are normally written for the benefit for the seller. Remember - you do not have to accept the terms of the contract as they are, and that you can negotiate to change any terms that you think are unfair. Once all parties have signed the contract, the only way to change the conditions is by a written variation, and in most cases the seller will be reluctant to do so.
22.01.2022 What a great night at the Hume Business Awards 2019!!! Very honoured for McClure Law to be a finalist in the Professional Services category. Congrats also to all of our fellow finalists in Sunbury and the Hume City Council region.
21.01.2022 A deposit bond is an alternative to a cash deposit and is essentially an insurance policy. However, if you intend on using a deposit bond, make sure you tell the agent and seller as it will have to be agreed to and noted in the contract. In most circumstances, the seller may be reluctant to accept a deposit bond especially in scenarios where the seller is also purchasing a property and requires the deposit funds to be released early. For more information, please contact our office or visit mcclurelaw.com.au.
18.01.2022 Does the vendor have the power to sell? While fraud is less of a problem now that there are strict verification of identity requirements in place, we still need to make sure that the Vendor has the authority to sell the property and ability to pass on clear title. The vendors may be going through a family law separation, deceased estate issues, contractual issues or even bankruptcy that may give rise to other problems preventing title to be transferred. So, it is important to check a recent title search to confirm who the registered vendors are and that there are no caveats or other restrictions that may give rise to future issues.
16.01.2022 If you are purchasing property at auction, you are purchasing the property 'unconditionally' as most auction contracts will not be subject to finance or building and pest inspections and the ‘cooling off’ right is not available. This means that if you find structural damage or pest infestation after you have signed the contract, you can not automatically get out of the contract unless of course, there was some form deception by the vendor involved. If you are seriously cons...idering purchasing a property at auction or putting an offer on a property within three days of the advertised auction date, it is incredibly important to make sure that you have completed your due diligence. This includes, having the contract and section 32 reviewed by a solicitor, making sure you have finance approval and completing your building and pest inspections. See more
16.01.2022 So you’ve signed a contract, now it’s time to pay the deposit. If you’ve purchased a property by way of private treaty, you will need to pay the deposit (usually 10% of the purchase price) by the due date stipulated in the contract. If you purchase a property at auction, it is standard for the deposit to be paid on auction day. Deposits can be paid by way of bank cheque, personal cheques and electronic transfers; however, it is best to check with the agent to confirm their accepted methods of payment. The deposit is normally held in trust by the agent until settlement day, or can be released earlier if both parties agree. If you do not pay the deposit by its due date, you will be in default of the contract and the seller can claim penalty interest on the balance of the deposit until it is paid in full.
11.01.2022 If you are reliant on finance to complete the purchase of a property, make sure that the contract is subject to finance. If not, you are putting yourself at serious risk of forfeiting your 10% deposit and potentially being sued by the vendor for additional costs. It is common for banks to provide loan 'pre-approval’ or ‘approval subject to valuation’. However, do not mistaken this for formal 'approval', as your bank will still able to reject your loan application subject to t...heir lending requirements. Do not go unconditional with your contract unless you receive formal written ‘unconditional finance approval’ from your lender. If you are unable to obtain unconditional finance approval by the finance date, and you have done everything reasonably required to obtain the loan, let your solicitor know so they can apply for a finance extension or end the contract and request that the full deposit be returned to you. See more
10.01.2022 A Section 32 Vendors Statement, is a document that sellers give to purchasers that discloses certain information about the property. If you are serious about purchasing a property, make sure you have the Section 32 perused by a solicitor. We see hundreds of these documents and we know exactly what to look out for if there are certificates missing, if the searches are current and if there are any discrepancies in the information provided. We can then explain to you the importance of information contained within the s32 and advise if the property will meet your intended needs.
07.01.2022 It is important that you are aware of any restrictive covenants, easements and design restrictions that apply to the property especially if you intend on renovating or developing the property. Some common restrictive covenants can prevent you from subdividing or adding a second floor. While you can apply to have these restrictions removed, the process can be lengthy and expensive. Most properties will also have easements that allow third parties right of access to the land and may restrict your ability to build over that part of the land. A common example of this is drainage and sewerage easements. If you are unsure, check with your solicitor so they may can give you advice as to whether the property matches your intended use.
05.01.2022 Its how we can't connect :( We are experiencing difficulties with our phone lines today, and are awaiting a visit from a technician. Instead of trying to call, please email the office at [email protected] and we will do our best to assist you this way.
02.01.2022 Our Logo Right Side Scales You’ve probably seen images of Lady Justice thousands of times. She’s the symbol of our legal system, often blindfolded to show that the law is impartial. She also holds a set of scales to represent balance and fairness. But if you’ve ever had a legal problem or been in trouble with the law, you know that the system can sometimes feel pretty one-sided. That’s why our logo only shows half of the scales of justice, because the system itself is only ...half the story. To even the odds, you need competent, professional and compassionate representation from a legal firm that understands both you and your issues. We’re on your side, every step of the way. We are here to give you advice, support and knowledge to ensure you achieve the best possible outcome. "If you want fast and effective results, McClure Law will balance the scales. Because if you don’t have the right team on your side, Lady Justice is just a pretty symbol."
02.01.2022 We’ve all had buyer remorse at one time or another and when it comes to buying property cooling off periods are in place to cover you should you change your mind. When you sign a contract to purchase real estate, you are entitled to ‘cool off’ and exit the contract within 3 business days of you signing, subject to certain exceptions. The most common exceptions where the ‘cooling off’ right does not apply, are when you have purchased at auction or within 3 business days before... or after an advertised auction and where you have previously entered into a contract for the same property with similar terms. It is important to note that the cooling off period starts when the Purchaser first signs the contract, NOT when the Vendor signs and that the purchaser must pay the Vendor the greater of $100 or 0.2% of the purchase price of the property. For more information, please contact our office or visit mcclurelaw.com.au. See more
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