Conveyancing

When you buy or sell real estate - regardless of whether it is your home or an investment property - you will be obliged to meet many contractual obligations and/or make one of the largest financial commitments you make during your life. Consequently, it is important that you have the best professional legal advice available to you before making this commitment.

Whether you are a buyer or seller of real estate and whether it is a vacant block of land, a city apartment, a suburban home, a retail shop, a commercial property, a parcel of land for subdivision and development - there are many laws which impose obligations on you or which are relevant to you. For example, the Sale of Land Act requires sellers to provide to the prospective purchaser a disclosure statement containing prescribed information.

The prescribed information is comprehensive and care must be taken to make sure the disclosure requirements are met. If the requirements are not met, the purchaser may be entitled to withdraw from the contract of sale before settlement and recover the deposit paid.

Purchasers need to be aware that the common law principle of "caveat emptor" or "let the buyer beware" remains current for all practical purposes and so taking the opportunity to obtain professional legal advice from Tolhurst Druce & Emmerson prior to signing a contract of sale is essential. If you do not have the opportunity to get professional legal advice from Tolhurst Druce & Emmerson before signing a contract of sale then it is important that you seek our professional advice promptly after signing so you can be informed at an early stage of your responsibilities and obligations and so that steps can be taken to protect or assert any rights or remedies which are applicable to your situation.

The dates set for settlement and for completion of particular steps required by the contract of sale must be strictly complied with. There is usually much to do to make sure that the sale or purchase transaction runs smoothly and is completed on the due date to everybody's satisfaction.

Conveyancing lawyers: