Property & conveyancing

First home buyers.

Buying your first home means learning the rules: grants, duty concessions, deposits, cooling-off and auction bidding, usually under time pressure and often against more experienced buyers. Small mistakes at this stage are expensive and hard to undo. CMK Legal looks at the contract and section 32 on any property you are considering and explains each rule before it costs you money.

Solicitor-reviewed

Contract and section 32 looked at by a property lawyer before you bid or sign.

Fast turnaround

Grant and duty concession eligibility checked promptly.

Fixed fee, quoted first

One fixed fee for the review and a fixed fee for the conveyancing.

Victorian property law

First Home Owner Grant Act, Duties Act and Sale of Land Act rules applied.

What we check for first home buyers.

Victorian first home buyers may access a full duty exemption up to a value threshold and a partial concession above it, plus the First Home Owner Grant for eligible new homes. Eligibility depends on the purchase price, whether the buyer or their partner have owned property before, residency requirements and whether they intend to live in the home. Eligibility turns on those factors, and is worth checking against the actual contract before committing, not after.

In the contract and section 32 the things that cost money later if nobody reads them first are worth looking for: the special conditions, the settlement date, deposit terms, owners corporation charges, easements, planning overlays and any building work done without a permit. For most private sales there is a short cooling off period after signing, subject to a penalty; that right does not apply at auction, which is why an auction purchase needs the contract reviewed beforehand.

Beyond the deposit and duty, lender fees, building and pest inspections, rates and owners corporation adjustments, and legal costs are worth budgeting for, so the full settlement figure is clear early rather than surfacing as a surprise in the final week before the keys arrive.

The First Home Super Saver Scheme lets first buyers make extra voluntary super contributions and later withdraw them, within set caps, to help fund a deposit, using the tax treatment of super.

The Help to Buy shared-equity scheme lets eligible buyers purchase with the federal government taking an equity share, which lowers the deposit and loan needed, though places are limited and price caps and ongoing obligations apply while you are in it.

An auction purchase is unconditional the moment the hammer falls: there is no cooling-off period and no finance condition unless the vendor agrees to one beforehand in writing. If you plan to bid, having the contract reviewed and finance formally approved first is worthwhile.

Why first home buyers benefit from advice early.

Grant and concession eligibility checked upfront

Duty exemptions, concessions and the First Home Owner Grant each carry their own conditions. Eligibility is worth checking against the specific property before committing to buy it.

The contract is read for a first-time buyer's risks

Owners corporation charges, easements, overlays and unapproved works are explained in plain terms, not left buried in a document you are seeing for the first time.

Auction and cooling-off rules explained before they apply

Knowing whether you have a cooling-off right, and that you don't at auction, changes how you should approach an inspection, a finance approval, or a decision to bid.

Settlement is managed end to end

Coordination with your lender and broker means nothing is missed between signing and the day you collect your keys.

We can help if.

  • You are buying your first property and want the contract checked before you sign
  • You are unsure whether you qualify for the First Home Owner Grant
  • You want your stamp duty concession confirmed before you commit
  • You are planning to bid at auction for the first time
  • The section 32 mentions an owners corporation, easement or covenant
  • You are buying with a partner, sibling or friend
  • Your deposit is coming from a guarantor or family gift
  • You want a clear settlement figure before you sign anything

Sending the contract for any property before committing, ideally before bidding, is worth it. There is no cost to asking whether it is worth proceeding.

How we support a first home purchase.

  1. 01

    Send us the contract

    For any property you are seriously considering, before you sign or bid.

  2. 02

    Review and explanation

    The contract and section 32 are reviewed and explained in plain English.

  3. 03

    Grant and duty position

    First Home Owner Grant and stamp duty concession eligibility is checked against the property.

  4. 04

    Sign, finance and settle

    Conditions are managed, your lender and broker coordinated with, and settlement completed through PEXA.

Fixed fees for first home buyers.

The contract review and the conveyancing are each quoted as a fixed fee before you commit to anything. Where the review leads to acting on your purchase, the review fee is credited against the conveyancing fee.

Request a fixed-fee quote

FAQs

First home buyer FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Am I eligible for the First Home Owner Grant?
Generally if you are buying or building a new home under the relevant value threshold and neither you nor your partner have owned residential property before. Eligibility is worth checking against the specific property.
Do I qualify for the stamp duty exemption or concession?
Victoria offers a full duty exemption up to a value threshold and a partial concession above it for eligible first home buyers, provided the residency and ownership history requirements are met. It is worth confirming the exact position before signing.
Is there a cooling-off period on my purchase?
For most private sales, yes, a short cooling off period after signing, subject to a penalty. It does not apply if you buy at auction, or within a short window before one, so an auction purchase needs to be reviewed beforehand.
What should I budget for beyond the deposit and duty?
Lender fees, building and pest inspections, rates and owners corporation adjustments at settlement, and legal costs. Setting out the full expected settlement figure early means nothing is a surprise.
Can I use a family guarantee or gifted deposit?
Yes, and many first home buyers do. Your lender will have its own documentation requirements for a guarantor or gifted funds, which can be navigated as part of the purchase.
How long does it take to settle my first purchase?
Most established home purchases settle 30 to 60 days after signing, depending on the negotiated date and finance approval timeline. The key dates are worth keeping an eye on throughout.
What is the First Home Super Saver Scheme?
It is a federal scheme that lets first buyers make extra voluntary superannuation contributions and later withdraw them, within set caps, to put towards a deposit, using the tax treatment that applies to super. Whether it suits you depends on your income and timing, so it is worth checking before relying on it.
Can I requalify for first home benefits after family violence?
There is relief for victims of family violence who might otherwise be shut out, including where a benefit was received before or a home was previously owned, and where the residency requirement cannot be met. Eligibility is assessed by the State Revenue Office, and we can point you to the right process.

Buying your first home?.

Send us the contract, title or plan and we will tell you where you stand. Start online in a few minutes, or book a consultation and speak to a property lawyer the same business day.