How is Eckermann Lawyers different from the big law firms in Adelaide?

Eckermann Lawyers has a wealth of experience and expertise in all aspects of commercial law, property law and all types of property transactions. What you’ll find different at Eckermann Lawyers is our commitment to a personalized and very much bespoke service. Large or small, every client at Eckermann Lawyers is treated with the same high level of personalised service that only a boutique legal firm can provide.

  • Our team has a depth of property law knowledge that ensures timely and informed practical advice, whether you consider acquiring a large rural estate, leasing retail premises in a shopping centre or selling off-the-plan apartments in a mixed-use development.
  • When dealing with Eckermann Lawyers, you are not only being helped by some of the best lawyers in Adelaide, but you have the added convenience, should you choose to do so, of working with our other Eckermann Group members, including Adelaide’s leading conveyancing firm, Eckermann Conveyancers.
  • Eckermann Lawyers complements the existing Eckermanns businesses including Eckermann Conveyancers and Eckermann Forms. Established in 1976, Eckermanns have earned a reputation as a leader in their industry providing first-class service.

If a personalised, timely and informed legal service is what you are looking for, please contact us to understand how we can assist you.

What is conveyancing?

Conveyancing is the legal process of transferring the ownership (the rights, title and interest) of Real Estate Property from one legal entity to another. A conveyancer is required for both sides of a real estate transaction – buying and selling

At Eckermanns, we have the knowledge, systems and expertise that you’ll need as you prepare for the official transfer of your new place into your own name. We deal with Residential, Commercial, Leasing, Subdivisions, Family transfers, Deceased Estates and more. We keep you updated throughout the journey from the start until finish, liaising with all parties to ensure that everything happens as planned.

What is a Form 1?

In South Australia, it is a legal requirement (under Section 7 of the Land and Business (Sale and Conveyancing) Act 1994) when selling a property to disclose certain particulars relating to the purchaser’s land. This disclosure is called a Vendor’s Statement or Form 1.

Serving a Form 1 to a purchaser will activate the two clear business day cooling-off period when it is possible for purchaser to change their mind and “cool-off” on the contract in writing.

When buying at auction where there is no cooling off period. The Form 1 is required to be available for viewing for at least three working days prior to the day of the auction at the office of the real estate agency conducting the sale. The Form 1 must also be on display for 30 minutes prior to the start of the auction. It is a lengthy document and we recommend you ask your conveyancer to review the Form 1 for you.

What are the areas of specialisaton at Eckermann Lawyers?

Eckermann Lawyers is an Adelaide-based boutique law firm renowned for providing service excellence across practice areas including:
• General Commercial
• Property
• Agribusiness
• Asset Protection and Estate Planning
• Hospitality & Licensing
• Franchising
• Aged Care and Retirement
• Renewable Projects

Can I do my own conveyancing?

Property sale transactions of any kind are a minefield of legal documents and paperwork which can be complex, time-consuming, and sometimes overwhelming – this isn’t something you do every day so we wouldn’t recommend doing it yourself.

At Eckermanns we strive to provide the best of service to our clients regardless of which side of the transaction they are on. We do it every day of the working week. You can be assured that we will walk you through each step with a full and clear explanation and make this as stress-free an experience as possible.

I have signed and contract to buy a house and I’ve been sent a Form1. What do I do next?

You should have your Form 1 examined by a Registered Conveyancer. Upon receipt of the Form 1, your two-day cooling off period begins. It is important that the Form 1 is reviewed to ensure that there is nothing within the legal information provided that will cause you concern as the purchaser. And if there is, you need to understand the implications.

If you appoint Eckermann Conveyancers to conduct your conveyancing we will review your Contract of Sale and Form 1 for you. Remember to get in touch as soon as you have both documents in hand because it’s then that the clock starts ticking.

I want to subdivide my property. Can Eckermann Conveyancers help me?

If you’re looking to develop a property by subdividing, it’s important to understand the implications of different types of subdivisions so that you can make the best decisions for your site.

Whether you’re a developer, investor or a homeowner, our specialist Land and Community Division team is experienced in undertaking complex divisional-related conveyancing work, including land, community and community strata divisions, amalgamations, and easement transactions and will work closely with you through the entire division process to ensure you plan appropriately and navigate any potential issue effectivelys.

What is a Form 3 and can Eckermann Lawyers prepare a Form 3 for me?

Once you have signed a contract to purchase a property, you will be served a Form 1 or Vendor Disclosure statement. This document provides important legal information about your property.
The cooling-off period expires at the end of the second clear business day after:

  • the contract was made if the purchaser received the Form 1 prior to making the contract, or
  • the Form 1 has been served on the purchaser if the purchaser received the Form 1 after making the contract. By law, a Form 1 must be served on a purchaser

Sometimes a purchaser may choose to waive their cooling off rights. To do so requires the preparation of a Form 3 that must be certified by a legal practitioner. Eckermann Lawyers is experienced in the preparation of Form 3s and in providing clear explanation to clients, the implications of waiving their cooling off rights.

Who uses Eckermann Property Forms?

Eckermann Forms was established in 2010, providing real estate agents and vendors a dedicated team of Form 1 specialists to:

  • relieve the burden of Form 1 preparation and certification from agents, allowing them to concentrate on what they do best, and
  • provide additional comfort to vendors safe in the knowledge that specialist subject matter experts are preparing this important documentation on their behalf. Given the serious consequences of defective Form 1s this is extremely important
What is the Eckermann Forms Portal?

Eckermanns Form 1 Portal is an online platform developed by the Eckermann Forms team to provide partner agents with an easy way to manage their Form 1 requests with Eckermanns. Not only do you get the I’s dotted and T’s crossed, you know that once you have requested the preparation of your Form1 via the portal that there is an expert team of specialists behind the scenes making sure that the Form 1 process is completed as soon as possible.

With the Eckermann Forms Portal, you can complete the Vendor’s Questionnaire directly with the Vendor, have them sign page 3 and then serve Form 1 on the Purchaser via email by just hitting a submit button.

How can we help?

Locations

Adelaide

Ground Floor, 180 Flinders Street
Adelaide SA 5000

PO Box 7340
Hutt Street, Adelaide SA 5000

Glenelg

10 Moseley Street
Glenelg SA 5045

Gilles Plains

1 Sudholz Road
Gilles Plains SA 5086

Mount Gambier

113 Commercial Street West
Mount Gambier SA 5290

PO Box 453
Mount Gambier SA 5290

Victor Harbor

138 Hindmarsh Road
Victor Harbor SA 5211

McLaren Vale

178 Main Road
McLaren Vale SA 5171