If you’ve ever tried buying or selling property in Melbourne, you must know that conveyancing isn’t just paperwork. It’s timing, legal compliance, and making sure nothing quietly goes wrong in the background. Most people only go through a property transfer a handful of times in their life. Conveyancers handle it every day and are aware of what causes stress, delays, and unexpected costs.
Below are the issues that come up most often in Melbourne conveyancing, and some practical guidance to avoid them. If you’re preparing for settlement, this might help you avoid the common pitfalls others wish they’d known earlier.
1. Signing a Contract Without Proper Review
The excitement of securing a home can make one sign quickly, especially with auction pressure in suburbs like Glen Waverley, Preston, or Sunshine where competition is fierce. But contract terms can shift risk onto the buyer without them realising.
Typical surprises include:
- Penalties if settlement is delayed by even a day
- Clauses limiting rights to terminate if finance falls through
- Fixtures removed that a buyer thought were included
- Extra responsibilities for repairs or compliance
Professional Tip: Always have a conveyancer or property lawyer review the contract before signing. You deserve clear advice on what you’re agreeing to so that you don’t encounter any unwanted surprises down the road.
2. Assuming Renovations Are Fully Approved
Melbourne has plenty of older homes and plenty of DIY upgrades. Not every pergola, bedroom extension, or converted garage has a permit behind it and new owners can inherit that risk.
Potential issues:
- You become responsible for fixing non-compliant works
- Future insurance claims may be rejected
- Council can issue notices requiring rectification
Even well-maintained homes in suburbs like Essendon or Brighton can have undocumented changes.
What Helps: Your conveyancer will order council and building searches to check approvals. If something doesn’t look right, you can negotiate before settlement rather than deal with it later at your own expense.
3. Overlooking Easements and Planning Restrictions
Easements (legal right that allows someone else to use part of your land for a specific purpose, even though you own it.) sit on many Melbourne titles. Some are barely noticeable like a sewer line under the edge of the lawn. Others can stop a future renovation you had planned, like that new extension or pool.
Restrictions worth checking:
- Easements limiting where you can build
- Heritage overlays, common in inner-city suburbs
- Upcoming developments nearby (e.g., rezoning or proposed infrastructure)
You want to know the long-term impact of what’s on the title and not discover it halfway through a renovation.
4. Not Reviewing Owners Corporation Rules Properly
Apartments and townhouses make up a huge portion of Melbourne property, especially in Docklands, Southbank, and rapidly growing suburbs like Box Hill and Footscray. An Owners Corporation (Body Corporate) means you’re joining a shared community with rules, levies, and long-term maintenance obligations.
Things buyers sometimes only learn after they’ve moved in:
- Pet restrictions
- Short-stay letting bans
- Significant future levies to fund repairs
These aren’t minor details, they affect lifestyle and ongoing cost.
What to Do: Review the Owners Corporation documentation in detail and ask questions before you commit.
5. Misunderstanding Cooling-Off Rights
Victoria does have a cooling-off period (a short window of time after signing a contract of sale where a buyer can change their mind and legally cancel the contract), but it doesn’t apply in every situation. Cooling-off does not apply to:
- Auctions or auction-related sales
- Commercial or industrial property
- Certain timing-based exceptions around auction dates
Even when cooling-off is allowed, buyers pay a penalty fee.
Why this Matters: If there is any uncertainty like finance, inspections, contract conditions, make sure protections are written into the contract from the beginning.
6. Leaving Finance to the Last Minute
When it comes to bank procedures, verification checks, valuations, document uploads, they all take time and it might delay your finance approval. Slow finance is one of the most common reasons a settlement is delayed and such delays can trigger:
- Daily penalty interest charged by the seller
- Re-booking removalists or storage fees
- Buyers having to take emergency time off work
It can become stressful quickly and weigh you down both financially and emotionally.
A Smoother Path: Get your loan approval progressing early and keep communication open between your conveyancer and broker or bank as it avoids the last-week scramble.
7. Rushing the Final Inspection
The final inspection exists for a reason. Properties sometimes change condition once the seller moves out. Appliances might be disconnected, damage can occur, or agreed repairs may not be finished.
You’re checking for:
- The home being in the same condition as when sold
- Fixtures that were included still being in place
- No new damage or major cleanliness issues
If something isn’t right, your conveyancer can raise it and negotiate a fair outcome before settlement money changes hands.
Why These Issues Happen
Most conveyancing mistakes come from one of three things:
- Time Pressure: Especially in fast-moving Melbourne markets
- Assumptions: Thinking something is “standard” when it isn’t
- Lack of Clear Communication: Between buyer, bank, and professionals
A conveyancer’s role goes beyond processing documents, it’s to look ahead and prevent issues from becoming expensive.
Practical Ways to Protect Your Sale or Purchase
A quick checklist worth keeping close:
- Avail the services of a conveyancer before signing
- Confirm approvals for extensions or renovations
- Review title, easements, and planning overlays
- Check Owners Corporation rules and levies
- Keep finance on track early
- Take your final inspection seriously
Small, proactive steps now can make settlement day feel calm rather than chaotic.
Partnering with a conveyancer is the most reliable way to ensure your property transfer goes through smoothly and without unnecessary stress. At Easy Link Conveyancing, we guide you through every step, from contract review right through to settlement, so you always know what’s happening, why it matters, and what comes next. Connect with us for more information.
