When settlement slips,
know where you stand.
When the other side cannot settle on time, or you cannot, the contract decides what happens next. We advise you on your rights and serve or respond to the notices.
Client reviews
Property law clients,
in their own words.
Been dealing with Dinesh, Pallavee and his staff for over 10 years, more than 20 properties settled through them. The amount of expertise Joshi Lawyers has is next to none… every question answered and every transaction handled in the most professional way.
Ankur AnandProperty investor · Google review, 2018 Made a complex process simple. I received pro-active phone calls and emails letting me know about timeframes and deadlines… Everything was completed remotely and so easy, as well as regular communication which far exceeded my expectations.
Dhaval PatelHome buyer · Google review, 2020 I’ve used Joshi Lawyers a few times now and have always had a good experience with them. The communication and service from their team throughout the entire process from start to finish is great, and they are cost-effective, too.
Ian HProperty and conveyancing client · Google review, 2019 We bought our first commercial property and Dinesh looked after our file… sent us all information three days prior with all calculations, and kept us posted with all changes on the settlement date. A hassle-free experience.
Ravneet KaurCommercial property buyer · Google review, 2020 The process went smooth with no stress, communication was easy and we were kept informed throughout the process. We can’t recommend them enough and we will definitely be using their services for future settlements.
Dureka HomesBuilder · Google review, 2019 I am with them for the past 5 years for several land purchases. In all instances they have provided great service to me… taking ownership and providing extra-mile service.
Sumita MukherjeeLand investor · Google review, 2019
Is this you?
When people come to us about settlement delays and defaults.
Each of these is a good reason to call, and none of them is too early.
- The buyer’s finance has fallen through a week before settlement.
- You cannot settle on the date and need more time.
- You have received a default notice and do not know what it means.
- The other side has threatened to end the contract.
How we help
A late settlement is usually fixable. A missed notice deadline sometimes is not.
Under the standard Victorian contract, a party who does not settle on time can be charged interest and costs. A default notice gives them 14 days to put things right before the contract can be ended. The steps have to be taken in the right order and on time.
We advise whether to agree an extension, serve a default notice or respond to one, and what each choice costs. Our aim is to get the settlement done, and to protect your position if it is not.
What we do
- Advice on late settlement, interest and costs
- Default and rescission notices served or answered
- Extensions and variations agreed in writing
- Deposit release and forfeiture questions
- Negotiation with the other side’s representative
- Claims for loss when a contract is ended
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: what is at stake
What has happened, what the documents say, and any date that cannot be missed, such as a settlement or a notice period.
In writing: the steps and the cost
What needs to happen and in what order, with the fee quoted or scoped in writing before the work starts.
Urgent matters first
Guarantee advice is usually given the same day, and a caveat can be lodged the same day where you hold an interest in the land.
From then on: one lawyer, no chasing
The same lawyer sees the matter through, and you are told what is happening at each step.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
The buyer cannot settle. Can I keep the deposit?
Possibly, but only after the correct notices are served and the time to remedy has passed. Ending a contract the wrong way can expose you to a claim, so take advice before you act.
I cannot settle on the date. What should I do?
Tell us as early as possible. An extension agreed in advance is usually cheaper than a default notice and penalty interest.
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.
More in lending, titles and disputes
View all property law- CaveatsCaveats lodged to protect your interest, and unjustified caveats removed from your title.Read more
- Private mortgages and loansLoan agreements and mortgages for family and private lending, drafted and registered on title.Read more
- Independent advice on guarantees and loansThe independent legal advice and certificate banks require for guarantees, loans and refinances, usually same day.Read more
- Co-ownership agreementsAgreements for friends, family and partners buying together, covering contributions, costs and exits.Read more
- Deceased estate transfersProperty transferred after a death by survivorship, transmission and sale or transfer to beneficiaries.Read more
- Easements, covenants and boundariesEasements, restrictive covenants, boundary disputes, dividing fences and adverse possession.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.