Practice Areas / Conveyancing
Conveyancing Lawyers
Buying and selling homes, investment properties and commercial property across Melbourne, Frankston and the Mornington Peninsula, from the contract to settlement. We can explain every step in English or in Polish.
From contract to settlement
Most of the risk in a property transaction sits in documents signed early: the contract of sale, its special conditions and the vendor statement. A problem found after signing is harder and more expensive to fix.
We act for buyers and sellers of houses, units, vacant land, off-the-plan apartments and commercial property across Victoria. Radek Dajer acts personally on each conveyancing matter and can take you through the contract, the vendor statement and each step to settlement in Polish if you prefer.
How we help with conveyancing
Buying property
Contract and vendor statement review before you sign, searches, finance coordination, duty concessions and settlement for homes, land and investment properties.
Selling property
Contracts of sale, section 32 vendor statements and special conditions, prepared early so your sale campaign and settlement run to time.
Commercial property
Shops, offices, factories and development sites, including existing leases, GST treatment and the new commercial and industrial property tax.
Duty and settlement
Land transfer duty and concessions, settlement statements and adjustments, and electronic settlement through an online platform such as PEXA.
Selling: the contract and vendor statement
A seller must give the buyer a vendor statement, known as a section 32 statement, before the buyer signs the contract. It is required by the Sale of Land Act 1962 (Vic), and if it is missing, false or incomplete, the buyer may be able to rescind the contract at any time before settlement.
- Contract of sale: price, deposit, settlement date, chattels and special conditions, drafted to suit how you are selling, whether by auction or private sale.
- Section 32 statement: title, mortgages, easements, planning controls, rates, building permits and owners corporation details. Once reforms passed in 2026 commence, it must be ready 14 days before an auction.
- Tax clearance: most sellers now need an Australian Taxation Office clearance certificate by settlement, whatever the price.
- Deposit: usually held in trust until settlement. Under reforms passed in 2026, early release will only be possible if the contract provides for it.
Buying: before and after you sign
The time to find a problem is before you sign. We review the contract and vendor statement, explain what they mean for you, and negotiate changes where the seller agrees.
- Contract review: special conditions, the settlement date, finance and building inspection conditions, and anything unusual in the title, planning or owners corporation documents.
- Cooling-off: for many private sales of residential property, you have 3 clear business days after signing to end the contract, at a cost of $100 or 0.2% of the price, whichever is greater.
- Off-the-plan purchases: deposit limits, changes to the plan of subdivision, registration deadlines and sunset clauses.
- Finance: we work with your lender so the mortgage documents, the loan approval and the settlement date line up with the contract.
- Foreign buyers: approval under the Foreign Acquisitions and Takeovers Act 1975 (Cth), a temporary ban on foreign persons buying established homes, and Victoria’s 8% foreign purchaser additional duty on residential property. We explain whether they apply to you.
Cooling-off is narrower than many buyers think
There is no cooling-off period if you buy at a publicly advertised auction, or within 3 clear business days before or after one. It also does not apply to commercial or industrial property, or where the buyer is a company. Have the contract reviewed before you sign or bid.
Duty, settlement and commercial property
At settlement the balance of the price is paid, duty is paid and ownership passes. Almost all Victorian settlements now happen electronically. We prepare the figures and documents beforehand.
- Land transfer duty: assessed under the Duties Act 2000 (Vic) and usually paid at settlement. First home buyers pay no duty on homes up to $600,000 and reduced duty up to $750,000, and other concessions apply to some homes and off-the-plan purchases.
- Adjustments: council rates, water charges and owners corporation fees are apportioned between buyer and seller. For most sales, a seller can no longer pass land tax on to the buyer.
- Electronic settlement: the transfer, the discharge of the seller’s mortgage and the new mortgage are lodged through an electronic network such as PEXA, and funds move at the same time.
- Commercial property: leases, GST and going concern sales, and whether the property has entered the commercial and industrial property tax regime, under which later sales may be exempt from duty and an annual tax applies after 10 years.
Buying or selling soon?
Book a consultation before you sign a contract or list your property. If you have already signed, you can send us your instructions and the contract online.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Before you sign anything, and before auction day if you plan to bid. Once you sign, or the hammer falls, you are bound by the contract as written. We review the contract and vendor statement, explain the risks and suggest changes while you can still negotiate.
It is the vendor statement a seller must give a buyer before the buyer signs, under the Sale of Land Act 1962 (Vic). It discloses title details, mortgages, easements, planning controls, rates and any owners corporation. If it is missing, false or incomplete, the buyer may be able to rescind the contract before settlement, unless a court excuses the seller.
The balance of the price is paid, the seller’s mortgage is discharged, duty is paid and the transfer is lodged for registration, all through an electronic settlement platform. You do not need to attend. Once settlement is confirmed, the agent can release the keys to the buyer.
It depends on the price or value, whether the property will be your home, and whether a concession applies, such as for first home buyers, pensioners or some off-the-plan purchases. Foreign purchasers pay additional duty. We calculate the duty, claim any concession you are entitled to and arrange payment at settlement.
Since 1 January 2025, the foreign resident capital gains withholding rules apply to every sale of Australian real property, whatever the price. Unless the seller gives the buyer a clearance certificate by settlement, the buyer must withhold 15% of the price and pay it to the Australian Taxation Office. Apply early, because it can take some weeks to issue.
Yes. Under reforms passed in September 2026, for homes sold by an agent at auction or by fixed-date sale from mid-October 2026, the seller must confirm a reserve price in writing as a single dollar figure, and the agent must publish it for at least 7 days beforehand. Our article on auction reserve price disclosure explains the background.
Yes. Much of the process can be handled by email and phone, although you will need to verify your identity. Radek Dajer can explain your contract and documents in Polish, and our notary public service can help with documents signed or used overseas. See our Polish-language services.
Property and conveyancing insights
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Buying a home is one of the most significant financial decisions you will make. A conveyancing lawyer guides you through contracts, Section 32 statements, stamp duty, and settlement.