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Property & Conveyancing
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1800 815 228 info@maddenslawyers.com.au219 Koroit St, Warrnambool VIC 3280

Property lawyer or conveyancer: what the difference actually means for you

A conveyancer in Warrnambool can manage a straightforward transfer, but that's where their role ends. Property and conveyancing lawyers, like Maddens Lawyers, cover a lot more:

  • A conveyancer handles the transfer itself.
  • A lawyer also advises on contract terms, disputes, trusts and structuring, and tax.
  • Complex property matters, such as caveats, easements, family transfers, or land subdivisions, require a qualified solicitor.
Maddens Lawyers provides property and conveyancing in South West Victoria, rather than just a simple transfer service. That distinction matters because things can and do go awry, and you need to know who's fighting in your corner.

Purchasing, selling or developing a property?

For many, this could be a very exciting time. For some, maybe less so. Whatever the reason, Maddens Lawyers is here to help. Conveyancing is the legal transfer of a property’s title from the seller to the buyer. It includes the contract, preparation of related documents where necessary; like a mortgage and settlement.

Buying or selling property is a time when mistakes, such as missing a contract deadline or failing to make appropriate adjustments at settlement, can be costly. We’re here to make sure that these mistakes don’t happen.

Our expertise in property encompasses the purchase, sale and development of residential, retail and commercial properties, including:

  • Conveyancing – vendor, purchaser and related party transfers
  • Property development and subdivision
  • Easements
  • Compulsory land acquisitions
  • Old law title conversions
  • Caveats
  • Joint venture structures
  • Commercial leasing

Our experienced team are practical in their approach, and efficient in reaching outcomes.

Buying a home in Warrnambool, step by step

Buying here follows a clear sequence:

  1. 1

    Contract and Section 32 vendor statement reviewed before you sign

  2. 2

    A three-business-day cooling-off period for private sales in Victoria (not applicable at auction or for commercial property)

  3. 3

    Title, planning and council searches

  4. 4

    Finance and deposit

  5. 5

    Electronic settlement through PEXA, including your verification of identity

  6. 6

    Keys and title transfer

A proper Section 32 review, part of our process for conveyancing in Warrnambool, catches things such as hidden encumbrances, owners corporation liabilities, planning overlays, and unapproved building works.

Selling: what you must disclose, and what it costs to get it wrong

Every vendor's Section 32 must disclose:

  • Title particulars and any mortgages or caveats
  • Planning zones and overlays affecting the property
  • Owners corporation details, where they apply
  • Any notices or orders affecting the land

Getting the statement wrong, whether it's incomplete or inaccurate, can give the buyer the right to rescind the contract entirely. That can undo a sale that otherwise looked as good as complete. Since 1 January 2024, vendors also can't pass land tax adjustments onto purchasers on contracts under the legislated threshold. Understanding tax and stamp duty exemptions in Victoria, covered on our stamp duty and land tax page, is vital, because the rules have changed in recent years.

Farms, rural land and the transactions that come with them

This is dairy and mixed-farming country. When it comes to farm conveyancing in Victoria, we understand the land and what matters most to the people working on it:

  • Farm sales and purchases, from single blocks to multi-title holdings
  • The family farm exemption for transfers between family members, and the young farmer exemption for eligible young farmers buying their first farm
  • Water and irrigation entitlements
  • Easements, access tracks, and boundary lines from decades of handshake agreements that were never officially ratified
  • Carve-offs and farm subdivisions, done properly so titles and planning approvals hold up
  • Easements and leases for wind farms and pipelines crossing farming land

Our farming and agribusiness team has done each of these countless times, and where a farm transfer touches succession, we work alongside our estate planning colleagues to keep everything in check.

Buying, leasing or developing commercial property in Warrnambool

Commercial work covers purchases and sales, retail and commercial leasing, and subdivisions or development. Since 1 July 2024, Victoria's commercial and industrial property tax reform has changed how duty applies to qualifying transactions, and eligible regional commercial and industrial land can also attract a 50% duty concession. It's the kind of advice a commercial property lawyer in Warrnambool can give a business before it commits to anything permanent.

Law Institute of Victoria Accredited Specialist

Maddens Lawyers has Accredited Specialists in both business and commercial law and taxation law, so the legal and tax sides of a deal get handled under one roof.

Property lawyers Warrnambool

The Warrnambool property team you can actually sit down with

Maddens Lawyers has handled property matters in Warrnambool for more than 75 years, and many of our people have been with us long enough to know most farms, streets, and subdivisions by name. You can walk in and sit down with someone, rather than working through a call centre. As Warrnambool lawyers clients and their families have trusted for generations, we'll always act in your interests. Read more about Maddens Lawyers online today.

What our clients say…

Straight talk, real outcomes.

Maddens Lawyers and in particular Heather Quigley were top notch when it came to the conveyancing for my property settlement. Heather was honest in her feedback, reliable, hardworking and integral in the settlement process. I could not have asked for a more dedicated person to communicate with, prepare and manage my settlement. I would engage Heather for any future conveyancing.
Christineproperty conveyancing
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