General Legal Legal

A Brief Guide to Property Law in Melbourne Australia

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Melbourne is one of the most stunning cities on the planet. Rich in culture. Home to some of the most fantastic architecture. And home to some of the friendliest and most imaginative people on the planet. So its no surprise people flock from all over the world to live in this fantastic city.

But Australia has prospered as a nation due to their strict rules and firm stance on issues such as immigration and property laws. And it is important that you fully understand the various property laws in Melbourne before you buy any property.

We are going to look at the various laws that concern regular home buyers, such as citizens or immigrants moving to Australia. And we are going to look at the more specific laws concerning real estate sales and property development within the city.

 

Buying A Home

Buying a home in Melbourne is quite similar to buying a home in other first world countries such as the UK and USA. You will need to acquire a mortgage to purchase the home unless you are fortunate enough to be able to afford to buy it outright. Acquiring a mortgage can be difficult, especially as an immigrant, but one option that may be useful for you if you have someone that can vouch for you is using a guarantor for your home loan. You can read more about how to go about this on this guide on using a guarantor for home loans to make sure you do everything correctly.

There are some provisions if you are an immigrant to Australia. Firstly, you need to have the correct type of visa to assure you can actually purchase a property. If you only have a temporary visa you cannot buy property, only rent it. You need to have a resident visa to be able to buy a property.

But, even buying a home for personal use comes with some strings. There is a lot of documentation that needs to be filed correctly, on top of any permits you need for additions such as conservatories or swimming pool installations. So it is wise to consult a property lawyer to find out if there is anything you need to be doing before buying.

 

Buying Property To Sell

Buying property with the intention to sell comes with some extra restrictions. This falls under the term Property Conveyance. This set of rules covers anyone looking to sell or rent out their property.,

The first thing to consider is zoning. Zoning decides what type of buildings are allowed in a certain plot of land. For example, a complete residential zone cannot have any major shops. An industrial zone can’t have residential houses. So, if you purchase a home you can’t just change it into a retail store simply because you want to expand.

If you did want to do that you would need to petition the local government to change the zoning rules. But this is an expensive and tiresome process.

Another thing you will have to consider is tax. Owning property comes with its own tax implications. And you need to make sure you are aware and paying these taxes. This is one of the biggest issues real estate investors face. One incorrectly filed tax form can lead to a lot of legal trouble.

 

Renting Out

When it comes to renting there are a few rules you, as the landlord, have to adhere to. The biggest one is the capacity. There are strict rules about how many people you are allowed to home in a single unit. This rule often puts a limit on the maximum and not the minimum. For example, a two-bedroom flat will most likely have a legal limit of four people.

Now you as the landlord have the right to decide if you want to hit that maximum or not. You could rent it just 2 and convert one of the bedrooms. But you cannot go over this limit. The limit is dependent on the property and often the zone as well.

You also have to adhere to the laws pertaining to being a landlord. This includes running maintenance on the property in the event of a non-fault issue occurring. You also have to make sure the people living in your property have the correct visas and permits. If you don’t check this you could land yourself in a lot of legal trouble down the line.

 

Related

What are Consumer Protection Laws and Why are they Important?

The world of corporate law is a vast and often confusing world. And it is important for anyone looking to step into the legal world to be able to understand some of the more important aspects of it. To that end, we are going to be looking at consumer protection laws and why they are important. This guide will cover the topics in a basic manner, looking at the different aspects of consumer protection laws and why they are so important to, not only your legal career but the world as a whole.

The Basics

To put it simply, consumer protection laws do what it says on the tin. They are laws designed to protect consumers. But what does this mean? Essentially these laws look at making sure businesses are not price-gouging customers, protecting customer data, being truthful to customers and giving them a fair, proper customer experience. Things such as warranties and return policies are determined by consumer protection laws. Businesses can be hurt or even shut down if they do not adhere to these laws and individuals who run the businesses, can be fined, or even prosecuted for breaching these laws.

KYC

Know Your Customer, or KYC, is a method within the business world that is used to establish information about a customer. This system works two-fold, it benefits the business but also protects the customers. KYC is often a system that collects data from a customer, willingly, while they are using their business. This data is kept and stored and allows a business to tailor their experience to the customer, but also allows them to make sure a client is who they say they are. This is how KYC protects the customer. It is a system that stops fraudsters very early on. If a customer’s information has been stolen, KYC is used to make sure nothing fraudulent happens. Customer protection laws work their way into KYC. Businesses are required, by law, to make sure the customer data is secure and safe and not being misused for malicious, or fraudulent purposes. KYC can be handled on-site by a business or by an outside company. I tried KYC solutions from Fully-Verified.com and it proved to be an insightful look into how KYC works and was beneficial to my own company.

Importance

Why are these laws so important? They are not only designed to protect customers but also to keep businesses in check. Without these laws, companies would be free to do whatever they wish. They would be able to produce an advertisement that lies about products, meaning customers would not be getting the product they expect. This could cause a lot of harm, especially for products that have potentially life-threatening implications. Without these laws, companies would be able to sell faulty, or ineffective products, and not allow customers to claim on warranties or returns the products for a refund. This would essentially let scammers and fraudulent businesses run rampant. Without these laws, businesses would be allowed to use customer data however they want. They could sell it to whoever they like and cause serious harm to their customers.

The Next Step?

If you are interested in working in cooperate law, specifically in the field of customer protection laws, there are a number of ways you can go about it. There are a lot of active firms that are built around making sure businesses are adhering to these laws.  Watchdog organizations and the like are great places to look. It is also a good practice to look at how different countries handle their customer protection laws. For example, the EU has blanket customer protection laws for any company operating within Europe, even if they are based somewhere else.

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Property Owners Guide: All the Legal Stuff you Need to Know!

Selling your property can be overwhelming and it involves a lot of work, this makes moving difficult as if you’re also searching for a new house whilst selling your own there is a lot to keep up with. Some decisions you make when trying to sell your property may seem unimportant to you, but often when people make the wrong decisions it can cost them hundreds if not thousands of dollars. Before you read this handy guide about all the legal stuff you need to know about selling your property, you should make sure that you definitely want to sell it. Think about why you’re selling your property, for example, if you need more space you may think that you need to move when in fact, it could be cheaper to build an extension or undergo a loft conversion. There are many scenarios like this so make sure you think about why you’re selling your property so that you’re sure that you want and need to. Selling a home is a long process and often an expensive one so you don’t want to start the process are realize a few months down the line that you don’t want to sell. Once you’re sure about selling your property, there is a lot to consider. We’ve made this guide for you so that you can find all the legal stuff that you need to know in one place.  

Your mortgage

Most people who own a property and are moving have not yet fully paid off their mortgage. This is the first bit of legal advice you need to be aware of. When you sell your house, you will be able to pay off whatever is left of your mortgage, you should figure out how much you will have left before you put the house up for sale to make sure you can afford another place if you’re moving. You’ll have to take out another mortgage on your new home, so this is the important legal bit, you’ll need to check with your current mortgage provider if there are any additional charges that you’ll be required to pay for switching early. This is also an opportunity for you to look at different lenders to see who the current best mortgage provider is.  

 

Find an estate agent

Selling your property can be one of the most stressful things you’ll ever have to do. If you’re not sold a property before then it is hard to imagine just how much work is involved with preparing your house for sale and finding people who may be interested in purchasing it. By finding an estate agent, a lot of the responsibilities are passed on from you to the estate agent making it a much less stressful process. There are a variety of legal requirements when selling a house, for example, getting a house inspection is a necessity so that potential buyers are aware of what condition the property is in so they’ll know if they will have to budget to fix things once they arrive. Finding the right person or company to conduct the inspection can be difficult but estate agents will make sure they are certified home inspectors and that everything goes smoothly. Those conducting the home inspection are vital to the process and it’s definitely better to have someone who is well known by your estate agent to be reliable than to find someone yourself.  

Offers

It may take a while for you to receive an offer on your property or if you’re in a popular area, have a great price, or just have an amazing property you may receive many offers fairly quickly. Once you receive the offer you can choose to accept or reject it depending on if the price is right for you, if you think there is a price that you and the potential buyer could agree on then you can also negotiate through your estate agent. Once you have an offer that you are happy with, your estate agent again will take care of the legal work. The next legal business in this process is drawing up the draft contract, this will clearly lay out any agreements between you and the other party like if any discounts are applicable after problems being flagged up by the home inspector.  

Other helpful tips

All of the main legal issues have been covered in this guide and we think that it is definitely worth hiring an estate agent to deal with all of the legal business rather than doing it yourself. You should take some care when choosing your estate agent as there is a lot to consider, you should look at the sales time of any potential estate agent you would use, and you should compare their fees. There is also the option of using an online estate agent whose services are often much cheaper so if you’re not wanting to do the work yourself but not wanting to pay a lot, these could be a good in between to do some research into.  

The other important thing when trying to sell your house is making sure that it always looks presentable so people can start to imagine their lives there and you should also make sure that it smells pleasant too. The nicer the environment in the house the more likely you are to receive an offer.  

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Essential Tips for Preparing for the LSAT

New York can be a difficult place to begin your law career. With such a competitive market and new waves of future lawyers starting everyday, it’s important to make sure that you stand out from the rest.  The most effective way to stand out in such a overpopulated career path is to achieve the highest grades you can in your LSAT. Here are some tips on how to prepare.

Revision time table

To do well in your exams, you are expected to retain a lot of detailed information, like case names and what particular laws entail. This is something that can’t be learned the night before your exams as it’s simply too much information. The best way to comfortably learn so much information is gradually over a couple of months. Set a few days a week as dedicated study time and before you know it, you’ll be ready to take on the exam.

Get a tutor

There is nothing wrong with struggling with the work for these exams, they don’t make it easy to pursue a career in law. There’s no point revising something that you don’t understand as you won’t be able to apply your new information to your exam questions. There are plenty of businesses offering LSAT tutoring in New York for very affordable prices so it may be worth looking into in order to achieve the best possible results. Even if you’re not struggling too much with preparing, tutoring will really give you the edge over other future lawyers and make sure that you get the best results.

Study buddy

Find someone that is taking the tests that you can study with. Law is largely a memory game and bouncing your knowledge back and forth from someone else is a great way to remember all the information that you need . Studying in pairs can be especially useful when it comes to remembering cases as it can be easy to forget your long line of names. An easy and fun way to remember some cases is by trying to match the case name to a description. You can get competitive with this and tally up who remembers the most, a little friendly competition is always a sure way to retain hard to remember information.

Post it notes

Invest in a colorful pack of post it notes and put them absolutely everywhere. On each post it note, write a piece of legislation or law that you need to remember and put the post it on something that you need to look at. A few good places would be on your bathroom mirror, on your wardrobe, next to your oven or on your fridge. This is a non forced way to remember important information and will mean that you are slowly picking up information in a non stressful way.

Sleep

What is most important is that you look after yourself. Make sure you’re getting at least 8 hours of sleep every night, drinking plenty of water and eating enough food. Around exam time it can be easy to forget that you need to look after yourselves, but when you’re under so much stress it is important that you make sure you put your own health first.

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