Hello,
1) I was looking through the section 32 of a CBD apartment and noticed that the balcony was not indicated in the floorplan. The balconies of the other apartments on the same floor were included in the plan, but not for my particular apartment. I have inspected the apartment and it does have a balcony (and I AM looking at the right apartment number in the floorplan). Is this something that I need to worry about? I haven't come across this situation before and would like to know whether it will cause any problems for me in the long run.
2) I went to see a lawyer for some pre-purchasing advice and was told that I wouldn't really need to get the section 32 and contract checked. Apparently section 32's are standard and the REIV contracts are straight forward. He said that lawyers aren't really needed until the contract is signed, and that I would be wasting my money listening to him tell me things that are straight out of the contract/section 32. Is this lawyer trying to be honest and saving me money or is this really bad advice?
Thanks!
1) Not sure about victoria, however your floor plan should indicate the extent of your premises. I have seen the odd unit with the balcony, courtyard or garage being common property (as it is external to your four walls) however you have got exclusive use rights. In other cases, garages may appear under a separate lot number eg: Unit 2 & Garage 22 being lots 2/sp1234 and 22/sp1234
2) Most solicitors will undertake a review of the S32 before you sign a contract, go see another solicitor or a conveyancer. (His advice would be akin to saying you don't need a barrister until you get to court). By the sounds of it you have never purchased before and will require your rights and obligations explained to you before you get tied into a purchase not after.
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