Practice areas

Property law

Contract reviews, conveyancing and settlement for homes, investment property, off-the-plan, SMSF and trust purchases, subdivisions and commercial property, plus caveats, private mortgages and independent legal advice on guarantees.

Free and without obligation. We tell you whether it is a matter for us, what it would involve and what it would cost.

Property law · 90 sec

Buying and investing with confidence

Dinesh Joshi and Kwan Leung90 sec

Film in production

Client reviews

Property law clients, in their own words.

Overview

Advice before you sign, and a settlement you do not have to chase.

Most conveyancing problems surface in the week before settlement, and almost all of them were visible in the contract on day one. We read the contract first, properly, before you sign, and we tell you in plain terms what it commits you to.

Joshi Lawyers acts for owners, investors and developers across Melbourne and Victoria. More than 3,000 settlements and $2 billion in property have gone through the firm since 2010, much of it for people buying their second property or their tenth: established homes in the inner south-east, off-the-plan apartments, and house-and-land in the growth corridors from Point Cook to Clyde North. Accountants and mortgage brokers refer their own clients to us, which is the measure we care about most.

Every contract review is back within 24 hours, weekends included, so a Saturday auction or a Sunday open home is never a problem. The lawyer who reviews your contract sees it through to settlement, and you receive a settlement statement with every figure explained before the day, not after.

Property work does not stop at settlement. We lodge and remove caveats, prepare and register private mortgages and loan agreements, and provide the independent legal advice that banks require before a parent guarantees a child’s loan or a director guarantees a company’s. Guarantee and indemnity advice is usually given the same day, in person or by video, with the certificate signed on the spot. We also act on deceased estate transfers, co-ownership agreements and the easement, covenant and boundary questions that surface when land changes hands.

Our property law experience includes:

Buying, selling and developing

  • Contract and section 32 reviews before auction or signing
  • Conveyancing and settlement for homes and investment property
  • Purchases through self-managed super funds, trusts and companies
  • Off-the-plan contracts, sunset clauses and disclosure
  • Subdivisions, development agreements and sales of new lots
  • Commercial and retail property purchases, sales and leases
  • Transfers on separation, between family members, and into or out of trusts

Securing, lending and protecting

  • Caveats: lodging, defending and removing them, and section 89A notices
  • Private mortgages and loan agreements, drafted and registered
  • Independent legal advice on guarantees and indemnities, usually same-day
  • Independent legal advice on loans, refinances and family-assisted purchases
  • Co-ownership and deposit-contribution agreements
  • Deceased estate transfers, survivorship applications and transmissions
  • Adverse possession, easements, covenants and boundary issues

Your lawyers

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

Answers to the questions we are asked most often about property law, fees and how a matter runs.

  • Should I have the contract reviewed before I sign?

    Yes. Once you sign, your options to change terms or withdraw are limited. A review before signing is the best-value advice in any purchase, and ours come back within 24 hours, weekends included.

  • What does it cost?

    Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.

  • Do you handle settlements across Victoria?

    Yes. Settlement is electronic through PEXA, so we act on property anywhere in Victoria.

  • How quickly can you review a contract?

    Within 24 hours of receiving it, every time, including weekends and public holidays. Send the contract and section 32 and tell us the auction or signing date.

  • The bank needs me to get independent legal advice on a guarantee. How quickly can you do it?

    Usually the same day. Send us the guarantee and loan documents, we go through them with you in person or by video, and sign the solicitor’s certificate the bank requires. It is a fixed fee, and the meeting takes around 30 to 45 minutes. The same applies to indemnities, refinances and family-assisted purchases.

  • Someone has lodged a caveat on my property. What can I do?

    A caveat blocks any dealing with the title until it is withdrawn or removed. If the caveator has no real interest in the land, a section 89A notice gives them 30 days to go to court or lose the caveat, and we can apply to the Supreme Court to remove it sooner if a settlement is at risk. If you need to protect your own interest in a property, we can lodge a caveat the same day.

  • Can you prepare a private mortgage or a loan between family members?

    Yes. We draft the loan agreement and mortgage, advise both sides where that is appropriate, and register the mortgage on title so the lender is secured. This is common for parents lending a deposit and for private lending between businesses.

  • Can you advise in languages other than English?

    Yes. Property matters can be handled in English, Mandarin, Cantonese, Hindi and Marathi.

Next step

Let’s find the right next step.

Two offices, one team. Most first meetings are in South Yarra; Point Cook serves Melbourne’s west. Appointments are by arrangement, and most matters can run by phone, video and email.

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