OzVMX Forum
Clubroom => General Discussion => Topic started by: John Orchard on May 30, 2013, 10:16:05 pm
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Well it's getting close to buying some land for motocross! Seein as it's only a piece of land do you reckon I could do the conveyancing myself? Can anyone recommend someone?
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John, I reckon you could get away with using a paralegal. But I've been wrong before.
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Doing it yourself is not difficult, but if you haven't done it before it can be a bit stressful and it involves a bit of running around.
Do you have those conveyancing only companies in Melbourne, such as Conveyancing Works in Qld, I've used them before and have no complaints and they are cheap (around $400 from memory). For that sort of money I couldn't be bothered doing it myself and I'm in banking.
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I did my own about ten years ago to remove a name from the title, a bit different to working with a third party though. It wasn't that hard, most of the information you need is on your rates notice and the section 32.
It only took an hour in the city going to about three different places to lodge forms and get things stamped etc.
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I would use a licensed conveyancer, I could only recommend a good one in sydney though. What a lot of people do not realise is that they give the conveyancer say $1100 to do the job, out of the 1100 there are some fees which come out of that which would have to be paid in any case therefore the conveyancer is actually getting a lot less than the 1100. I really would not skimp and do it your self as the conveyancer fee is so small compared to stamp duty and all the other BS involved. If things go pear shaped then you will have instant free advice from your conveyancer.
Brett
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Hi,
unless you have experence and skills in contract law and land transactions then getting an experenced person will lead to a far safer transaction, its all easy untill something goes wrong.There can be things in a vendor statement and/or contract that are significant that the layman may not recognise as such.
Please make sure that you dont use the same legal people as the vendor, it can look like a good idea to use the same company for both sides of the contract. If there is an issue, then you want your side working for you and they can't do that if they represent both sides.
With internet, email and express post, the location of the solictior is not as important as it used to be.
Geoff
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If mistakes are made there maybe financial penalties. These days there can be all sorts of little things which cause delays. I would seek the services of a Conveyancer.
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Hi John,
i have used the services of this guy a few times with no hassles or delays. Just google his name as i`m sure he has a Sunbury office as well as Melton. Peter.
Bernie O'Farrell Conveyancing Services
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I can recommend one that is based in Melbourne. It's handy to have a good one if there are unforeseen complications (speaking from experience). Let me know if you still need one via PM.
Tex
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Thanks Guy's, I have a list now :-)
I've got three properties on-the-go .... Nagambie, Wangaratta & Gobarup ( go bar-up LOL ;-) ) ... stay tuned.
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Do you need a good banker ;D
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MY missus is a conveyancer and does settlement all over the country if you interested, including form 1s if you dont trust the agent or if you doing a PRIVATE BUY/ SELL. ALSO THE CONTRACTS
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And please make sure that before you sign a contract to purchase you have taken legal advice as to your intended use of the property, because it would be a waste of money if you were locked in to purchasing the property and then you found out that you could not carry out your intended use of the land, any good Solicitor will advise you as to what is called a special condition in the purchase contract that would go something like "this contract is in every respect dependent upon the purchaser obtaining all permits and/or authorities to operate/carry out upon the subject land the activity of motorcycle riding on a commercial and or competitive basis (and more related conditions)", and the specific words would be worked out by your Solicitor after taking your instructions about intended use and current zoning and planning position/requirements, and it is not an easy area of the law.
Please do not try and cut corners on good legal advice because even where the land you are buying is already being used for the purpose you want there can be difficulties so you need to make absolutely certain that you have the correct authorities/permission from the local Shire/Council and the EPA and any other departments that are involved, and that can even include the necessity to obtain consent from neighbouring landowners, regrettably the process can be quite involved and as said it is better to get good advice and make sure before you sign on the dotted line.
Remember, there are plenty of good conveyancers out there and they do a good job but they are not qualified to provide you with legal advice about planning and use of land matters and in this matter that would perhaps be the most important factor, and similarly there are plenty of solicitors out there who do a bit of conveyancing and a bit of family law and a bit of criminal law but they are not experienced in planning matters and although they might have a go at what you want to do they would perhaps not be as good as a Law Institute of Victoria accredited Property Law Specialist.