Questions to ask the Lawyer

Hi there

When I send the contract of sale and section 32 to the lawyer, should I also give a list of questions to him ?

I have no idea what to ask

The members just send the above papers to the lawyer and the lawyer is supposed to get back to them with all the plus and minus points ?

If a property is sub divisible or not, will be recommended by the same lawyer or there are specialised lawyers for the same ?

How does it work ?

Cheers

 

Someone like this ?

Subdivision Victoria | Melbourne | Property Subdivision

Cheers

 

Any suggestions on questions to ask the lawyer who will check the contract and section 32 before I bid at the auction ?

Cheers

 

What do you want to know?
examples
Anything hairy in the contract?
what does clause XX mean?
there is a caveat on title, what happens with that?
what if probate is not granted?
what if another agent introduced me to the property?
what if the vendor dies before settlement?

 

I cannot point out any clause to him, because I have no idea which clauses are not standard.
If left to me, I would ask the meaning of each and every clause, but that is not possible

So how do I identify the tricky clauses and caveats ?
Is it not the duty of the lawyer to advise me which clauses are detrimental to me ?

Cheers

 

You should read the contract and make notes - event the standard clauses and special conditions.
If you are planning to buy a few properties it would good to sit down and dig deep at an early stage. Maybe high light every section you don't understand, even if you are not going to ask the lawyer. Pay particular attention to the non-standard clauses which should be on a separate page to the standard contract (usually).

Any caveats would be listed on the certificate of title of the property which should be in hte s32 statement.

 

I am just buying a single property for myself as a PPOR
As i have no legal knowledge at all, i am approaching a lawyer to check if anything is wrong
What is the scope of the lawyer ?
Is it not standard for him to point out all the defects ?
Is it expected that I should do my initial preliminary check and highlight the points ?

If i am expected to point out the contentious clauses, then why am I engaging a lawyer ?
I may be able to get the implication by googling or by posing those specific clauses here on the forum

Am I expecting too much from the lawyer, if i just forward the contract and section 32 to him to give correct advice ?


Cheers

 

You are engaging the lawyer for 2 reasons:
a) conveyance of title and
b) associated legal advice (usually)

the lawyer will probably go through and look for anything that stands out as unusual or something you may not be aware of, but they won't be advising you on every single term or clause of the contract and their definition of unusual might be different to yours.

it is also not a substitute to you reading the contract. Its like going to the doctor and saying tell me everything that is wrong with me - too broad, you might need to narrow it down as say you have sore testicles for example.

 

Hi @wylie I just found this thread. May I ask who should I ask to understand about covenant listed in s32 and its implication on subdivision potential?

also, who do I need to contact if I need to remove it?

Many thanks,

Ben