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We offer full legal services that protect your interests in all property transfer-related matters

Our team of conveyancing solicitors serving Melbourne and wider Victoria, distinguished by their expertise in overseeing property sales and acquisitions, are dedicated to alleviating the complexities and challenges inherent in purchasing or selling distinguished properties. Entrust your property transactions to our capable hands and discover a service that transcends the ordinary.

Conveyancing Services

Explore the breadth of our conveyancing services detailed below:

Purchase or Sale of Property

Our firm offers comprehensive legal services for purchasing or selling residential and commercial properties, whether existing or off-plan. Our conveyancing attorneys execute every transaction seamlessly, providing bespoke advice that encompasses due diligence and risk assessment to identify potential risks and safeguard your interests. They manage contract negotiation and preparation tailored to your needs and ensure a smooth transfer of ownership.

Property transfers

MDW specialises in property transfers from related party transactions or business restructures. We offer tailored transfer strategies and expert advice on tax-efficient, legally compliant methods for property transfer. Our comprehensive legal support includes drafting bespoke transfer agreements and navigating complex regulatory requirements.

Property developments

For clients involved in property development projects, we provide end-to-end legal solutions covering project structuring. We advise on the optimal legal and financial structure for your development project and handle the intricacies of settlements for developments with multiple lots, ensuring timely and efficient completion.

Caveat management

We offer specialised services in managing caveats to protect your property interests. We provide strategic advice on when and how to lodge a caveat to secure your interest in a property and efficient handling of the removal of caveats to facilitate smooth transactions.

Lost title applications

In cases of lost or destroyed property titles, our firm assists you with applying for a replacement title, ensuring all legal requirements are met, and acting on your behalf to liaise with land registries and relevant authorities.

Estate-Related Property Transactions

Our services extend to managing property transactions related to wills and estates, including LPR lodgements and surviving proprietor applications.

These services include estate planning and administration, particularly assistance with lodging documents to transfer property as part of estate administration and support for transferring property to the surviving owner(s) per the deceased’s wishes.

Retirement Village Transactions

We provide expert legal services for transactions related to retirement villages, including ensuring contracts meet your needs and protect your rights and advising on compliance with relevant laws and regulations affecting retirement village transactions.

Why Choose Us?

Marshalls+Dent+Wilmoth’s commitment to providing tailored conveyancing solutions is unmatched, catering specifically to the sophisticated needs of our discerning clientele.

We pride ourselves on navigating the complexities of property transactions with unparalleled attention to detail and a proactive approach to addressing potential hurdles. If you’re looking for a conveyancer near you, our team of conveyancing lawyers in Melbourne ensures that every aspect of your property transaction is managed seamlessly. From due diligence to final settlement, we safeguard your interests at every turn.

With a reputation for excellence and a focus on confidentiality and client satisfaction, we don’t just offer conveyancing services; we provide a partnership that secures your investments and champions your success in the property market.

Conveyancing FAQs

What is Conveyancing?

Conveyancing is the legal process of transferring ownership of a property to a new person or entity. This process is typically complex involving numerous financial and administrative tasks. This includes, for example:

  • Representing your interests as the vendor/purchaser;
  • Prepare and lodge legal documents;
  • Liaise with financial institutions;
  • Calculate adjustments of taxes and rates;
  • Attendance to settlement (PEXA);
  • Notifying relevant authorities with respect to change of ownership.
What is involved with pre-purchase diligence?

Pre-purchase diligence is a critical process tailored for our discerning clients, providing essential insights for informed property or business acquisition decisions. This rigorous process involves:

  • Comprehensive research to assess your potential investment’s financial and operational status
  • Detailed on-site evaluations of the physical condition
  • Thorough financial analysis for a clear understanding of economic viability
  • Legal scrutiny to understand obligations and potential risks

Our experienced team ensures a thorough evaluation of your prospective purchase, empowering you to make well-informed decisions.

What are the risks associated with purchasing off-the-plan properties?

Purchasing off-the-plan properties introduces several risks that our clients should meticulously evaluate. These include uncertainties about:

  • Construction quality
  • The financial stability of developers
  • Market volatility affecting property values
  • Compliance with building codes and safety standards
  • Potential variations from promised specifications
  • Market conditions impacting investment returns
  • Construction delays
  • Limited buyer control over the construction process

Thorough due diligence and professional guidance from our conveyancing lawyers will help you to navigate these complexities effectively.

How do you ensure compliance with local laws and regulations during the conveyancing process?

Compliance with local laws and regulations is fundamental to a successful property transaction. Our team of experienced conveyancing solicitors specialises in property law, offering expert guidance. We conduct comprehensive due diligence through title searches and property inspections, reviewing contracts carefully, and staying updated on legislative changes. We collaborate with professionals and maintain clear communication with our clients.

By entrusting your conveyancing needs to MDW, you benefit from a dedicated team committed to ensuring your property transaction is conducted with the utmost legal integrity and diligence. We safeguard your interests at every step.

Can you assist with property investment transactions?

Our conveyancing lawyer team is adept at assisting with property investment transactions, offering comprehensive legal services tailored to our client’s unique needs. We provide strategic legal advice on investment structures, tax implications, and financing options. We also conduct due diligence and risk assessments, negotiate and draft contracts, ensure compliance with regulations, and offer transactional support and portfolio management.

Whether you are a seasoned investor or new to the property market, our Melbourne conveyancing lawyers offer the expertise and dedication to guide you through every stage of your property investment journey, ensuring your investments are secure and profitable.

What options are available for resolving disputes during the conveyancing process?

We are well-equipped to resolve any disputes that may arise before settlement. Disputes can sometimes arise in the following circumstances:

  • The condition of the property before settlement, particularly when severe damage has occurred after the day of sale;
  • When a party has not received what they were entitled to or have alternatively received an inferior product – this can occur when purchasing off-the-plan;
  • Arrears or money owed on a property can be caused by unpaid owner’s corporation fees, land tax and/or rates.

There are several important considerations when preparing sales documentation for real estate transactions. Refer to our current Sales Instruction Form, which we work through with our vendors to ensure that the sales documentation (including disclosure material) is watertight.

How do you coordinate with financial institutions for property financing?

We establish direct communication channels with your chosen bank or financial institution to ensure that we seamlessly address all necessary legal documents and compliance requirements. Our team works diligently to synchronise the timelines of your property transaction and financing approval, ensuring a cohesive and efficient process.

What is title insurance, and why is it important?

Title insurance is an indispensable indemnity insurance that protects lenders and property buyers from financial losses due to title defects or legal ownership issues. It protects against unforeseen title defects and hidden issues not identified during inspections. This coverage offers financial security against title-related expenses with a one-time premium for lifelong coverage. It serves as an efficient risk management tool for legal professionals.

Are there any environmental considerations to consider when purchasing property?

When purchasing property, it’s vital to consider environmental aspects to ensure compliance with laws and mitigate potential risks. This includes conducting environmental due diligence to identify any issues, understanding legal obligations regarding environmental matters, familiarising yourself with Australia’s environmental protection laws, and considering sustainability features in properties. These considerations help mitigate risks, ensure regulatory compliance, and support sustainable development, aligning with your values and lifestyle preferences.

Are there any government grants or incentives available for property buyers or developers?

Australia provides a range of government grants and incentives to support home ownership and stimulate the property market, particularly benefiting first-time buyers and developers. These include the First Home Owner Grant, various NSW Government Grants, and additional schemes supporting social and affordable housing, small businesses, and regional relocation. These initiatives are crucial for facilitating property acquisition and market growth, offering financial support and incentives to enhance your investment potential.

Prospective buyers and developers should explore these opportunities to benefit from the financial support and incentives provided by the government, enhancing their investment potential and contributing to market growth.

Meet the team

Conveyancing Articles

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Do You Need a Conveyancer to Buy a House?
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Changes to Victorian land laws will include a duty payable on late settlements 
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How Coronavirus has affected Victorian conveyancing transactions
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