Conveyancing | By Lawyers
Skip to main content

Conveyancing

VIC

A complete matter management solution for practitioners running a busy conveyancing practice in Victoria.

6 Matter Plans

Overview

The Sale and Purchase of Real Property matter plans cover all the common and less frequent issues that arise in conveyancing matters. Each step of the transaction is outlined in sequential order, with all required precedents conveniently located, along with links to the relevant sections of the comprehensive commentaries.

The Retirement Villages commentary covers standard contracts and mandatory documents, duties, taxes and rates, commencing and ending a residency, and dispute resolution.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 1001 Conveyancing Answers (VIC), which is a useful reference guide.

Precedents in this publication include:

  • By Lawyers Contract for Sale of Land
  • Section 32 vendor statement;
  • A full suite of letters to:
    • clients;
    • real estate agents; and
    • mortgagees.
  • Library of further terms;
  • Library of other agreements, deeds, and contracts;
  • Option agreement and notices.
Icon

6 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Sale of Real Property (VIC)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 1001 Conveyancing Answers (VIC)
    • Item icon 101 Section 27 Answers (VIC)
    • Item icon 101 Section 32 Answers (VIC)
    • Item icon 101 Costs Answers
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Folder icon Papers and articles - Conveyancing and property
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon Adjustment for cladding agreements
      • Item icon Adjustment of rates
      • Item icon Adjustment of rent
      • Item icon Adjustments
      • Item icon Adjustments and land tax in 2024
      • Item icon Agreement to lease
      • Item icon Avoiding off the plan - Quality defects
      • Item icon Avoiding off the plan - Statutory rights
      • Item icon Avoiding off the plan contracts - A sequel
      • Item icon Bits and pieces
      • Item icon Breach of contract - Penalty interest
      • Item icon Breach of contract – Reasonably foreseeable loss
      • Item icon Breach of section 32
      • Item icon Caveats (Vic)
      • Item icon Caveats - Forcible removal 1
      • Item icon Caveats - Forcible removal 2
      • Item icon Caveats - Insufficient proceeds from settlement
      • Item icon Caveats - Tenant’s caveats and the sale or mortgaging of freehold property
      • Item icon Caveats - Use them!
      • Item icon Costs and caveats
      • Item icon Certificates of title in electronic conveyancing
      • Item icon Clayton's settlement
      • Item icon Compensation for loss
      • Item icon Contamination
      • Item icon Contract – Australian Consumer Law – Impact on residential conveyancing
      • Item icon Contract - Avoiding off the plan contracts 1
      • Item icon Contract - Avoiding off the plan contracts 2
      • Item icon Contract - Changing the contract by special condition
      • Item icon Contract - Electronic conveyancing special condition
      • Item icon Contract - Electronic signatures
      • Item icon Contract - Entire contract
      • Item icon Contract - Guarantee
      • Item icon Contract - Is there a contract?
      • Item icon Contract - Misleading contracts
      • Item icon Contract - New contract
      • Item icon Contract - New contract - Contract of sale tweaked
      • Item icon Contract - New contract - Happy anniversary
      • Item icon Contract - New special conditions for contract of sale
      • Item icon Contract - Nomination
      • Item icon Contract - Terms contracts 1
      • Item icon Contract - Terms contracts 2
      • Item icon Contract - Terms contracts 3
      • Item icon Contract - Trust transactions
      • Item icon Cooling off
      • Item icon Co-owners - Joint tenancy or tenancy in common
      • Item icon Co-owners and easements – Two topics
      • Item icon Covenant - Removal of covenants 1
      • Item icon Covenant - Removal of covenants 2
      • Item icon Defects - Essential safety measures - Part 1
      • Item icon Defects - Essential safety measures - Part 2
      • Item icon Defects - Occupancy and insurance certificates
      • Item icon Deposit - Deposit release - 2010
      • Item icon Deposit - Deposit release - 2017
      • Item icon Deposit - Deposit release - A solution?
      • Item icon Deposit - Deposit release - Tough decisions?
      • Item icon Deposit - Deposit release - Why take the risk?
      • Item icon Deposit - Forfeiture of deposit
      • Item icon De-regulated Contract of Sale of Land
      • Item icon Deterioration - A matter of degree
      • Item icon Deterioration - General condition 24 has teeth
      • Item icon Deterioration - State of the premises
      • Item icon Disclosure of death
      • Item icon Estate agent - Agent beware
      • Item icon Estate agent’s commission – Money for nothing
      • Item icon Foreign residents capital gains tax withholding
      • Item icon GST - GST and mistake
      • Item icon GST - Margin scheme
      • Item icon GST withholding
      • Item icon Inadvertent disclosure
      • Item icon Inspection - Right to inspect
      • Item icon Land tax - Part 1
      • Item icon Land tax - Part 2
      • Item icon Land transfer duty benefits
      • Item icon Lease - Abandoned goods
      • Item icon Lease - Landlords beware
      • Item icon Lease - Retail lease
      • Item icon Lease - Retail lease - Predominant use
      • Item icon Lease - Retail lease cost
      • Item icon Lost trust deeds
      • Item icon Material facts
      • Item icon Measurements
      • Item icon Mortgage stress
      • Item icon Nomination
      • Item icon Nomination and the Australian Consumer Law
      • Item icon Nomination disputes
      • Item icon Notice of action
      • Item icon Notices - Liability for notices
      • Item icon Off the plan duty concessions
      • Item icon Owner-builder insurance
      • Item icon Owner-builders
      • Item icon Owners corporations
      • Item icon Personal Property Securities Act
      • Item icon Planning certificates - Accuracy
      • Item icon Power of attorney
      • Item icon Priority notice
      • Item icon Property - Rules and undertakings
      • Item icon Rescission - Consequences of rescission 1
      • Item icon Rescission - Consequences of rescission 2
      • Item icon Rescission - Costs on rescission
      • Item icon Retail lease outgoings
      • Item icon Retail premises
      • Item icon Retail repairs
      • Item icon Retail repairs revisited
      • Item icon Sale of land amendments
      • Item icon Scary short-stays
      • Item icon Self managed superannuation funds
      • Item icon Septic situation
      • Item icon Sheriff - Enforcement procedure
      • Item icon Sheriff's sale - Part 1
      • Item icon Sheriff's sale - Part 2
      • Item icon Solicitor - Lawyers selling real estate
      • Item icon Solicitor – Executor’s commission 1 – Horns of a dilemma
      • Item icon Solicitor - Executor's commission 2 - A fiduciary duty
      • Item icon Solicitor – Liability for commercial advice
      • Item icon Stamp duty concessions
      • Item icon Subdivision - Off the plan sales
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 1
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 2
      • Item icon Subdivision - Off the plan sales - Materially affects
      • Item icon Subdivision - Off the plan sales - Sunset conditions
      • Item icon Subdivision - Owners corporation certificates
      • Item icon Subdivision - Owners corporation repairs
      • Item icon Subdivision - Owners corporations
      • Item icon Subject to contract
      • Item icon Sunset clause – Vendor ending a contract – Purchaser’s consent or court order required
      • Item icon Time of the essence
      • Item icon To be or not to Airbnb
      • Item icon Trade practices – Fair trading in property transactions
      • Item icon Vendor statement - Aboriginal Heritage Act
      • Item icon Vendor statement - Breach of section 32
      • Item icon Vendor statement - Growth areas infrastructure contribution
      • Item icon Vendor statement - Honest and reasonable
      • Item icon Vendor statement and leases
      • Item icon Vendor statement review
      • Item icon Vendor statements and the Australian Consumer Law
      • Item icon Vendor's duty to co-operate
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    The purpose of a conveyancing transaction is to transfer the title and use of real property from one party to another. It is not adversarial but is necessarily investigative. Mainly, this is a time of relief for the vendor that they have sold their property and a time of happy, excited anticipation ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Item icon Summary of the process
    The usual steps in conducting a sale of real property matter include:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Sale of real property
    • Item icon Detailed file cover sheet - Sale of real property
    • Item icon To do list - Sale of real property
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity and client authorisation
      • Item icon Verification of identity in electronic conveyancing transactions
      • Folder icon Library of identity and authorisation forms - VIC
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Initial letter to vendor enclosing costs disclosure, questionnaire and general advice
    • Item icon Costs agreement - VIC
    • Item icon Scope of work - Sale of real property
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Conveyancers costs disclosure - VIC
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Enclosure - Vendor statement questionnaire
    • Item icon Enclosure - General advice to vendors
    • Folder icon If required - Miscellaneous letters and authorities
      • Item icon Letter to discharging mortgagee requesting section 27 details
      • Item icon Initial letter to agent before sending contract
      • Item icon Letter to vendor advising agent has instructed us
      • Item icon Letter to solicitor with authority for deeds
      • Item icon Authority to solicitor to forward deeds
      • Item icon Letter to other side acknowledging we act for both parties
      • Item icon Statutory declaration - blank - VIC
      • Item icon Clause - Statutory declaration - Change of name
      • Item icon Irrevocable authority
    • Folder icon If required - Power of attorney for land
      • Item icon Contracts signed under power of attorney
        A power of attorney authorises the attorney to do anything with the donor’s property that the donor legally can do, subject to any conditions or limitations set out in the power. The Library of clauses for powers of attorney on the matter plan includes clauses confining powers to those required for ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Enduring Power of Attorney
      • Item icon General Non-Enduring Power of Attorney
      • Folder icon Library of clauses for power of attorney
        • Item icon Company appoint attorney to conduct the business of the company
        • Item icon Access to will
        • Item icon Company appoint attorney to execute documents
        • Item icon Director appointing substitute during absence
        • Item icon Discharge of mortgage
        • Item icon Purchase of real property
        • Item icon Mortgage
        • Item icon Sale of real property
        • Item icon Application for probate or administration - Executor out of jurisdiction
    • Folder icon Foreign resident capital gains withholding payments
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the purchaser is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the vendor provides a clearance ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding purchaser payment notification
      • Item icon Foreign resident capital gains withholding rate variation application
    • Folder icon If required - GST withholding - New residential premises or potential residential land
      • Item icon Withholding payment of GST on purchase of certain real property
        The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to purchaser client regarding GST withholding payment
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Contract
    • Item icon Contract
      The contract between a vendor and purchaser is the primary document setting out their obligations. It is an executory document, meaning that it establishes the rights and obligations of the parties to be performed over a period, culminating with payment by the purchaser of the purchase price and ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Contract formality requirements
      The fundamental requirement for a contract for the sale of land to be enforceable is that it be in writing: s 126 of the Instruments Act 1958. The contract also needs to be signed by the party against whom it is to be enforced, or by someone authorised in writing to sign on behalf of that ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon The By Lawyers Contract of Sale of Land
    • Item icon Comparison between the LIV contract and By Lawyers contract
    • Item icon Particulars of sale
      In both the LIV and By Lawyers contracts, panels identifying the parties and their practitioners are followed by the panel headed Land, which makes it plain that all improvements and fixtures on the land are included in the sale. The Payment panel allows for details of the price and deposit to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Inclusions
      Inclusions forming part of the sale need to be identified and any scope for confusion resolved. For instance, a common assumption by purchasers is that large freestanding items, such as birdbaths or entrance step pots, are included. Generally, all fixtures will pass with the property and all ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon General contract conditions
      The LIV and the By Lawyers contracts deal with most matters addressed in the general conditions in the same way. A comparison follows.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Special conditions
      Some practitioners add special conditions. Some have many pages, often changing minor matters in the standard form and providing for every conceivable situation, whether relevant to the particular matter or not. This is poor communication and part of the trend that sees conveyancing as adversarial ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Vendor disclosure and section 32
      Section 32 of the Sale of Land Act 1962 requires a vendor to disclose certain matters to the purchaser before the purchaser enters into a contract. These requirements are as follows.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Contract of sale of land - By Lawyers Contract including s32 vendor statement
      • Item icon Contract of sale of land - Part 1 of 2 - Particulars - By Lawyers VIC 2025
      • Item icon Section 32 vendor statement - By Lawyers VIC 2025
      • Item icon Due diligence checklist - Consumer Affairs Victoria
      • Item icon Contract of sale of land - Part 2 of 2 - General Conditions - By Lawyers VIC 2025
      • Item icon Six reasons to use the By Lawyers Contract
      • Item icon By Lawyers Contract of Sale of Land - Explanatory Memorandum
      • Item icon Overview of the By Lawyers Contract of Sale of Land - Podcast
    • Folder icon Contract of sale of land - LIV
      • Item icon Availability of the LIV contract
        The LIV contract is subject to copyright and may be purchased through the LIV Bookshop or other licensed third parties, including InfoTrack. It is no longer available through LEAP. An alternative is now available in the form of the By Lawyers Contract of Sale of Land which has several ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Vendors statement Section 32
      • Item icon Special conditions
      • Item icon GST residential withholding - Supplier notification
    • Folder icon If required - Additional section 32 documents
      • Item icon Vendors statement additional Section 32
      • Item icon Due diligence checklist
      • Item icon Letter to owners corporation requesting owners corporation certificate
      • Item icon Owners corporation certificate
      • Item icon Owners corporation certificate (2 lots)
      • Item icon Model rules for an owners corporation
      • Item icon Standard rules for a body corporate
    • Item icon Vendor supplier GST withholding notice
    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Auction clause
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Confidentiality - Purchaser
      • Item icon Construction of house by builder
      • Item icon Contamination - Purchaser accept any contaminant
      • Item icon Contamination - Purchaser accepts named contaminant
      • Item icon Contract - Terms contract
      • Item icon Contract - Terms contract - Right to repay - Higher rate of interest applicable
      • Item icon Contract - Terms contract - Right to repay - Lump sum repayments
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Defects liability - Minor defects period
      • Item icon Deposit - Bond issued to vendor
      • Item icon Deposit - Exchange on less than 10 per cent
      • Item icon Deposit - Investment in interest bearing trust account
      • Item icon Deposit - Release for use by vendor as deposit or transfer duty
      • Item icon Development - Vendor will facilitate purchasers proposed development
      • Item icon Development application - Vendor to consent following exchange
      • Item icon Digital duty form - Vendor to create
      • Item icon Disclosure purchaser received section 51 and section 32
      • Item icon Documents - Attached
      • Item icon Early settlement - Discount for
      • Item icon Early settlement - Discount price - Time critical to vendor
      • Item icon Executor - Vendor executor and not yet registered proprietor
      • Item icon Executor - Vendor executor and not yet registered proprietor - Electronic settlement
      • Item icon Finance - Completion subject to - Concise
      • Item icon Finance - Completion subject to - Extensive
      • Item icon Finance - Completion subject to - Named lender
      • Item icon Foreign purchaser - Completion subject to FIRB approval
      • Item icon Foreign purchaser - Warranty regarding foreign person status
      • Item icon GST - Apportionment of price - Agreed values
      • Item icon GST - Apportionment of price - Valuation required
      • Item icon GST - Farm land supplied for farming
      • Item icon GST - Included in price margin scheme applies no input tax credit
      • Item icon GST - Payable by purchaser in addition to price
      • Item icon Guarantee clause - Corporate purchaser
      • Item icon Interdependent - Completion subject to purchase by vendor
      • Item icon Interdependent - Completion subject to sale by purchaser
      • Item icon Interdependent contracts
      • Item icon Interest to run from expiry of notice to complete
      • Item icon Outstanding notice - Purchaser will comply
      • Item icon Owners corporation - Matters to which the land is subject
      • Item icon Owners corporation
      • Item icon Owners corporation - Prohibition on vendor to vary model rules
      • Item icon Passing of risk - Changing time
      • Item icon Pest report - Completion subject to satisfactory report
      • Item icon Plant equipment - Value included in sale
      • Item icon Possession - Purchaser enters before completion
      • Item icon Possession - Vendor stays on after completion - Licence agreement
      • Item icon Possession - Vendor stays on after completion - Residential lease
      • Item icon PPSA - Release of security interest
      • Item icon PPSA - Undertaking by secured party to register release of security interest
      • Item icon Price - Apportionment of price between land and construction
      • Item icon Property - Identity of the land
      • Item icon Property - Purchaser acknowledges property is sold in present condition
      • Item icon References to statutes
      • Item icon Registration - Time for registration of plan
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rural - Special conditions
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Subdivision - Sale subject to subdivision
      • Item icon Transfer by direction
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Use - No warranty as to use
      • Item icon Use - Purchaser to be satisfied as to use
      • Item icon Waiver of breach
      • Item icon Water Entitlements - Water Corporation
      • Item icon Whole agreement
    • Item icon Sale subject to subdivision – Off-the-plan
      The general conditions and particulars of sale in the By Lawyers contract and the LIV contract satisfy all of the statutory requirements when selling before registration, relying on the default sunset period of 18 months. While no special conditions are required, further special ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Tax
      Goods and services tax (GST) Most practitioners feel unqualified to advise in this area. However, GST in particular, is an ever-present consideration, and conscious decisions about it must be made in every matter. If unsure of the answer, the client is best directed to their accountant or a ruling ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Other considerations
      Auction contract Auction contracts are no different from any other type of contract. Until the auction contract is signed, it is not enforceable. This means that a purchaser can walk away at any time until they have signed the contract and that the vendor is not obliged to proceed until the vendor ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Auction
      • Item icon Auction contract
        Auction contracts are no different from any other type of contract. Until the auction contract is signed, it is not enforceable. This means that a purchaser can walk away at any time until they have signed the contract and that the vendor is not obliged to proceed until the vendor has signed the ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to agent enclosing contracts for auction
      • Item icon Letter to vendor requesting payment for searches to prepare auction contract
      • Item icon Auction clause
    • Folder icon Library of other contracts, deeds and agreements
      • Item icon Contract for sale and lease of manufactured home - Vendor is lessor
      • Item icon Contract for sale and lease of manufactured home - Vendor is not lessor
      • Item icon Contract for sale of personal property
      • Item icon Contract for sale of shares company title lot
      • Item icon Contract for sale of shares of a company owning property
      • Item icon Conveyance of old system property
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Declaration of trust for trustee and another as owners
      • Item icon Declaration of trust for a purchaser
      • Item icon Deed between co-owners
      • Item icon Co-ownership - Deed between tenants in common
      • Item icon Deed of assignment of possessory rights
      • Item icon Deed of guarantee of contract
      • Item icon Deed of novation
      • Item icon Granny flat agreement as contemplated by Services Australia
      • Item icon Licence agreement - 99 year licence of common property
      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Vendor retains possession after completion
      • Item icon Partition agreement - Extensive
      • Item icon Partition agreement - Concise
      • Item icon Section 173 planning agreement
    • Item icon Letter to agent sending contract
    • Item icon Email to agent with electronic copy of contract
    • Item icon Letter to agent enclosing contracts for signing
    • Item icon Letter to vendor confirming marketing contract sent to agent
    • Folder icon If required - Request progress report
      • Item icon Letter to vendor for progress report on sale
  • Folder icon C. Negotiations and exchange
    • Item icon Letter to purchaser's solicitor with contract
    • Item icon Letter to vendor to call to sign contract and bring loan details
    • Item icon Letter to vendor with contract to sign when we have not seen them
    • Item icon Letter to vendor advising contract received from agent with conditions
    • Item icon Signing the contract
      Only the party to be charged is required by the Instruments Act 1958 to have signed the contract. This means that if the vendor is seeking to enforce the contract against the purchaser, then the vendor needs to prove that the purchaser has signed the contract, and if the purchaser is seeking to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Library of option precedents
      • Item icon Put option notice
      • Item icon Option to purchase agreement
      • Item icon Call option notice
      • Item icon Put and call option agreement
      • Item icon Put and call nomination notice
    • Folder icon If required - Conditional contract
      • Item icon Letter to agent advising contract is unconditional
      • Item icon Letter to purchaser's solicitor advising if extension for finance and deposit granted
      • Item icon Letter to purchaser's solicitor advising plan registered
      • Item icon Letter to purchaser's solicitor confirming unconditional contract
      • Item icon Letter to purchaser's solicitor requesting outcome of finance application or building report
    • Item icon Exchange
      Exchange can be effected personally, by post or, as is common when speed is wanted and the parties are distant from each other, by phone or email. The representatives email each other copies of the executed front page of the contract, and the special conditions and a copy of the cheque for the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Initial letter to purchaser's solicitor when agent exchanged contracts
    • Item icon Letter to purchaser's solicitor returning exchanged contract
    • Item icon Cooling off
      The basic principle of contract law is that once a contract has been entered into, it is binding on the parties. In relation to the sale of land, there is the additional requirement that the contract must be in writing and signed by the parties. Once that formality has been achieved, the contract ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to agent confirming exchange
    • Item icon Letter to vendor after exchange
    • Item icon AI Prompt for post exchange letter to Vendor
    • Item icon Release and investment of deposit
      On exchange, a 10% deposit is usually required and is held by the agent or vendor’s practitioner as stakeholder. If it is a significant sum or if settlement is well in the future, then it may be invested, and the interest earned shared equally. Normally this is not done as the amount is small, and ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon If required - Release of deposit
      • Folder icon If deposit transferred to vendor's representative
        • Item icon Letter to agent requesting they transfer the deposit
        • Item icon Letter to vendor enclosing section 27 deposit release statement
        • Item icon Letter to vendor when no mortgagee
        • Item icon Section 27 deposit release statement
        • Item icon AI Prompt for Section 27 deposit release statement
        • Item icon Letter to purchaser's solicitor enclosing section 27 statement
        • Item icon Letter to purchaser's solicitor 28 days have elapsed since section 27 notice given
        • Item icon Letter to vendor with released deposit
        • Item icon Letter advising agent the deposit has been released
      • Folder icon If deposit retained by agent
        • Item icon Letter to vendor enclosing section 27 deposit release statement
        • Item icon Letter to vendor when no mortgagee
        • Item icon Section 27 deposit release statement
        • Item icon AI Prompt for Section 27 deposit release statement
        • Item icon Letter to purchaser's solicitor enclosing section 27 statement
        • Item icon Letter to purchaser's solicitor 28 days have elapsed since section 27 notice given
        • Item icon Letter to agent requesting release of the deposit
        • Item icon Letter to vendor advising agent authorised to release deposit
    • Item icon Insurance
      Section 9AAA provides a vendor under a prescribed contract is obliged to have, and maintain after registration, the insurance required under the Owners Corporation Act 2006 if registration of the plan will result in the creation of an owners corporation. Failure to do so invokes a financial ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Caveat and priority notice
      It is common for a purchaser to lodge a caveat to record the purchaser’s interest arising from the contract. An alternative to a caveat is a priority notice which lapses after 60 days, but can be renewed once more for 60 days. For more information, see the article Priority Notice.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon D. If required - Mortgages
    • Item icon Discharge of mortgage or other encumbrance
      Arrangements need to be made to discharge any of the vendor’s liabilities, either prior to or at settlement.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to vendor enclosing discharge authority for signing
    • Item icon Letter to discharging mortgagee requesting discharge
    • Item icon Letter to vendor with copy correspondence from mortgagee
    • Item icon Letter to caveator requesting withdrawal of caveat
    • Item icon Letter to discharging mortgagee seeking nomination request and production for subdivision
  • Folder icon E. Mid transaction
    • Item icon Electronic conveyancing
      See A Brief Explanation of the Transition to E-conveyancing for information on transactions that can or must be completed electronically. This is available on the matter plan. See the PEXA Help Centre for detailed guidance on completing different transactions in the workspace.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Certificates of title – Electronic and paper
      It is important to establish if there is a paper certificate of title (pCT) or an electronic certificate of title (eCT). Electronic certificates are identified on the register search statement as an eCT and will identify who is the eCT control.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Nomination
      A purchaser may seek to nominate an additional or alternative purchaser. This does not affect the rights of the vendor in any way, as the named purchaser remains liable under the contract. The nomination is simply the named purchaser’s authority to the vendor to transfer the property to an ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Goods statement or declaration
      The State Revenue Office requires a vendor to confirm that the consideration paid by the purchaser is full market value and that no goods or chattels are sold to the purchaser under another contract. This is designed to ensure that the full consideration for the transaction is disclosed for the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to vendor re signing transfer and SRO Digital duties form
    • Item icon Off-the-plan declaration
      If there has been construction during the contract, the vendor completes the digital duties form, including the off-the-plan declaration.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to purchaser's solicitor granting extension of settlement date
    • Folder icon Foreign resident capital gains withholding payments
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the purchaser is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the vendor provides a clearance ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to client for foreign resident capital gains clearance certificate
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Letter to other side’s solicitor enclosing foreign resident capital gains clearance certificate or rate variation
    • Folder icon If required - GST withholding - New residential premises or potential residential land
      • Item icon Withholding payment of GST on purchase of certain real property
        The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Letter to purchaser client regarding GST withholding payment
    • Folder icon Library of Land Use Victoria and State Revenue Office forms
      • Item icon Application by legal personal representative
      • Item icon Statutory Declaration for Application by legal personal representative
      • Item icon Application by surviving proprietor
      • Item icon Statutory Declaration for Application by surviving proprietor
      • Item icon Digital Duties forms - State Revenue Office Victoria
      • Item icon Land Use Victoria - Forms
      • Folder icon State Revenue Office
        • Item icon Application for first home owner grant
        • Item icon Notice of acquisition of an interest in land - Estate matters only
        • Item icon Notice of acquisition of an interest in land - Family law only
        • Item icon Notice of acquisition of an interest in land
        • Item icon Notice of disposition of an interest in land
        • Item icon Off the plan sales statutory declaration - contracts dated from 01-10-2008
        • Item icon Transfer between spouses domestic partners statutory declaration
        • Folder icon CONTRACTS PRE 1 JULY 2017
          • Item icon CONTRACTS PRE 1 JULY 2017 - Notice of disposition of an interest in land - Estate Matters only
          • Item icon CONTRACTS PRE 1 JULY 2017 - Section 83 - Landholder Acquisition Statement
          • Item icon CONTRACTS PRE 1 JULY 2017 - Statement on change of beneficial ownership of dutiable property
          • Item icon PRE 1 JULY 2017 - Deceased Estate - Commencement of administration
        • Folder icon FHOG - Contracts prior to 1 July 2013
          • Item icon Application for First Home Owner Grant
      • Folder icon Land Use Victoria
        • Item icon Application by a responsible authority for the making of a recording of an agreement
        • Item icon Application by legal personal representative
        • Item icon Statutory declaration for application by legal personal representative
        • Item icon Application by surviving proprietor
        • Item icon Statutory Declaration for Application by surviving proprietor
        • Item icon Application for a new Certificate of Title in place of one lost, destroyed or obliterated
        • Item icon Application for a new certificate of title in place of one lost, destroyed or obliterated
        • Item icon Application for amendment or alteration of registered proprietor's address
        • Item icon Application for new folio of the Register
        • Item icon Application for new folio of the register
        • Item icon Australian legal practitioner certificate - section 89A Transfer of Land Act 1958
        • Item icon Application for service of a notice
        • Item icon Application to bring land under the Transfer of Land Act
        • Item icon Application to convert a paper Certificate of Title to an electronic Certificate of Title CPCT
        • Item icon Application to correct name in the register
        • Item icon Creation of easement
        • Item icon Discharge of mortgage or charge
        • Item icon Owners corporation additional information accompanying a plan - Limited owners corporation
        • Item icon Owners corporation additional information accompanying a plan - Unlimited owners corporation
        • Item icon Subdivision or consolidation
        • Item icon Subdivision or Consolidation
        • Item icon How to complete a Transfer of Land - VIC
        • Item icon Transfer of Land
        • Item icon Transfer of Land - Family Law only
    • Item icon Digital Duties forms - State Revenue Office Victoria
  • Folder icon F. If required - Notices
    • Item icon Default notices
      Normally, settlement will be effected on the day nominated in the contract or on registration of a subdivision or other contingency. If the purchaser fails to settle, it may be appropriate to issue a notice of rescission. The time specified in the contract for completion after issue of a notice is ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Notice of default
    • Item icon Notice of rescission
    • Item icon Notice of rescission of off the plan contract
    • Item icon Agreement for mutual rescission of contract
    • Item icon Deed of cancellation of contract
    • Item icon Letter to other side with notice
    • Item icon Letter to other side's solicitor with notice
    • Item icon Letter to other side's solicitor disputing notice of rescission
  • Folder icon G. Paper transaction - Through to settlement
    • Item icon Certificates of title – Electronic and paper
      It is important to establish if there is a paper certificate of title (pCT) or an electronic certificate of title (eCT). Electronic certificates are identified on the register search statement as an eCT and will identify who is the eCT control.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to vendor prior to settlement
    • Item icon AI Prompt for pre settlement letter to Vendor
    • Item icon Letter to purchaser's solicitor requesting adjustments
    • Item icon Letter to discharging mortgagee advising settlement details
    • Item icon Letter to discharging mortgagee's solicitor advising settlement details
    • Item icon Letter to agent advising settlement details
    • Folder icon Settlement
      • Item icon Adjustments
        Adjustments are undertaken towards the end of a conveyancing transaction and effected at settlement. On settlement, the purchaser pays the balance of purchase price to the vendor and becomes entitled to the property. Property ownership involves outgoings, such as rates, and some properties produce ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Statement of Adjustments
      • Item icon Direction to pay to purchaser's solicitor
      • Item icon On settlement
        Electronic settlement is conducted based on the signed client authorisation. Having satisfied all mortgagee requirements and agreement has been reached on the adjustments, payment directions are entered in the workspace.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Folder icon If required - Tenant
        • Item icon Letter to tenant after settlement
      • Item icon Settlement instructions - Sale with mortgagee
      • Item icon Settlement instructions - Sale without mortgagee
      • Item icon Letter to agent confirming settlement
    • Item icon Notices after settlement
      Notice of Acquisition of an Interest in Land – By purchaser A Notice of Acquisition of an Interest in Land (NoA) must be provided to Land Use Victoria as well as to the local council. See s 103 of the Land Tax Act 2005 and r 6 of the Land Tax Regulations 2015.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon H. Electronic transaction - Through to settlement
    • Item icon Electronic conveyancing
      See A Brief Explanation of the Transition to E-conveyancing for information on transactions that can or must be completed electronically. This is available on the matter plan. See the PEXA Help Centre for detailed guidance on completing different transactions in the workspace.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Certificates of title – Electronic and paper
      It is important to establish if there is a paper certificate of title (pCT) or an electronic certificate of title (eCT). Electronic certificates are identified on the register search statement as an eCT and will identify who is the eCT control.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Client authorisation
      • Item icon Client authorisation
    • Item icon Letter to vendor prior to electronic settlement
    • Item icon AI Prompt for pre settlement letter to Vendor
    • Item icon Letter to purchaser's solicitor requesting adjustments
    • Item icon Letter to agent advising settlement details
    • Folder icon Settlement
      • Item icon Adjustments
        Adjustments are undertaken towards the end of a conveyancing transaction and effected at settlement. On settlement, the purchaser pays the balance of purchase price to the vendor and becomes entitled to the property. Property ownership involves outgoings, such as rates, and some properties produce ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Statement of Adjustments
      • Item icon Direction to pay to purchaser's solicitor
      • Item icon On settlement
        Electronic settlement is conducted based on the signed client authorisation. Having satisfied all mortgagee requirements and agreement has been reached on the adjustments, payment directions are entered in the workspace.

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Folder icon If required - Tenant
        • Item icon Letter to tenant after settlement
      • Item icon Letter to agent confirming settlement
    • Item icon Notices after settlement
      Notice of Acquisition of an Interest in Land – By purchaser A Notice of Acquisition of an Interest in Land (NoA) must be provided to Land Use Victoria as well as to the local council. See s 103 of the Land Tax Act 2005 and r 6 of the Land Tax Regulations 2015.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon I. Finalising the matter
    • Folder icon If required - Not proceeding
      • Item icon Letter to vendor when property withdrawn from sale
      • Item icon Letter to agent purchaser unable to obtain finance authorising return of deposit
    • Item icon Letter to water authority with notice of disposition
    • Item icon Notice of disposition of an interest in land
    • Item icon Finalising the matter
      In reporting and accounting to the client, it is often difficult for them to understand how rate adjustments work. The precedent Information Sheet on Adjustments and Purchase Price on the matter plan goes a long way to solving this problem.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to vendor after settlement finalising the matter
    • Item icon AI Prompt for post settlement letter to Vendor
    • Item icon Statement of account - Sale with mortgagee
    • Item icon Statement of account - Sale without mortgagee
    • Item icon Enclosure - Information sheet on adjustments and purchase price
    • Item icon Example invoice incorporating notification of client's rights - VIC
    • Item icon Invoice recital - Conveyancing
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors