Investment property buyer | MJLegal

Investment Property Buyer

The residential real estate market has consistently been one of the most stable investments in Australia, by providing investors a secure asset class in which to channel their capital.

Investment in real estate is also a popular choice due to the various tax benefits for the investor.  

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Making Your Investment Property Goals a Reality

We navigate the legal complexities of purchasing investment properties, ensuring a seamless and stress-free process. Our expertise has helped numerous investors successfully acquire properties in Victoria, turning their investment aspirations into reality.

Investing in Property with Us


If you are purchasing an investment property with us, we will guide you through the following steps:

Step 1:

Initial Consultation

Your journey to successful property investment begins with a personalized consultation.

During our initial consultation, we will discuss your investment goals, budget, and preferred property types and locations. We aim to understand your unique investment strategy to tailor our services accordingly.

Step 2:

Due Diligence and Legal Review

Ensure your investment is secure with a thorough legal review.

Our experienced property lawyers meticulously review all necessary documents, including contracts and disclosures, to ensure accuracy and compliance with legal requirements. We also assist with assessing eligibility for stamp duty concessions and guide you through the application process.

Step 3:

Negotiation and Purchase

Secure the best terms for your investment property purchase.

We handle all aspects of the negotiation process, ensuring that you receive favorable terms and conditions. Our goal is to protect your interests and ensure all contractual obligations are clearly defined and met.

Step 4:


Complete your investment with confidence and ease.

We manage all legal aspects of the purchase, including the finalization of the transfer of ownership. Our team ensures a smooth and efficient settlement process, giving you peace of mind with your investment.

Start Your Investment Property Journey with MJ Legal Today!

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Financial Considerations for Investment Property Buyers

When calculating the cost of purchasing an investment property, it's important to consider more than just the purchase price. Here are key expenses to account for:

  • Legal Fees: Hiring a conveyancer or solicitor is essential for managing the legal aspects of your property purchase. Their fees typically cover contract reviews, property searches, and the settlement process.

  • Stamp Duty: This is a significant expense and varies by state. Ensure you check for any available concessions or exemptions for investment properties.

  • Settlement Adjustments: Adjustments for council rates, water, and other utilities may be required at settlement. You’ll need to pay your share of these costs from the date of purchase.

  • Property Inspections: It's crucial to have the property inspected to identify any potential issues. These inspections come with their own fees.

  • Moving and Setup Costs: Plan for the costs of moving your belongings and setting up utilities in your new investment property.

Why Investing in Property is a Smart Choice

Investing in property is often considered one of the most reliable and rewarding investment strategies. Here’s why:

1. Stable Returns: Property investment tends to offer stable and consistent returns. Unlike the stock market, real estate is less volatile and provides a tangible asset that appreciates over time.

2. Rental Income: Owning an investment property can generate a steady stream of rental income. This income can help cover mortgage payments, maintenance costs, and even provide a profit.

3. Tax Benefits: Property investors can benefit from various tax deductions, including interest on loans, maintenance expenses, and depreciation of the property. These deductions can significantly reduce your taxable income.

4. Long-Term Appreciation: Real estate generally appreciates over the long term. This means that your investment property can increase in value, providing you with substantial capital gains when you decide to sell.

5. Diversification: Adding property to your investment portfolio diversifies your assets, reducing risk. Real estate often performs differently from other asset classes, such as stocks and bonds, providing a hedge against market fluctuations.

6. Control Over Investment: Unlike other investments, property allows you to have direct control over your asset. You can make improvements, choose tenants, and decide when to buy or sell.

7. Leverage: Real estate allows you to leverage your investment. By using borrowed funds to purchase a property, you can amplify your returns, as the property’s value grows over time while your loan amount remains fixed.

8. Inflation Hedge: Property investment acts as a hedge against inflation. As inflation rises, so do property values and rental income, ensuring that your investment maintains its value in real terms.

9. Personal Use: In some cases, an investment property can also serve personal purposes, such as a vacation home. This dual use can provide both enjoyment and financial benefits.

Legal Considerations for Investment Property Buyers

Investing in property comes with a range of legal obligations and requirements. Here’s a comprehensive overview to ensure your investment is compliant and secure:

1. Zoning Laws: Zoning laws dictate how a property can be used. Whether it's residential, commercial, or industrial, understanding the zoning regulations in your desired area is crucial. Our team ensures your investment aligns with local zoning laws and assists with any necessary permits.

2. Building Regulations: Compliance with building codes and standards is essential for any property investment. These regulations cover construction, safety, and maintenance requirements. Our legal experts will guide you through these regulations to avoid any costly violations.

3. Landlord-Tenant Laws: As a property investor, it’s important to understand your rights and responsibilities as a landlord. This includes knowledge of lease agreements, tenant rights, eviction processes, and rent control laws. We provide comprehensive advice to help you manage your property in compliance with Victorian laws.

4. Contract Review: Every property transaction involves complex contracts and legal documents. Our experienced lawyers meticulously review these documents to ensure they are accurate, fair, and protect your interests. We handle purchase agreements, disclosure statements, and any other contractual obligations.

5. Due Diligence: Conducting thorough due diligence is essential to identify any potential legal issues with the property. This includes title searches, property liens, and environmental assessments. Our team ensures all legal aspects are thoroughly examined to provide you with a clear understanding of your investment.

6. Stamp Duty and Taxes: Understanding the financial implications of stamp duty and property taxes is critical. We provide detailed advice on how these costs impact your investment and assist with any eligible concessions or exemptions to maximize your savings.

7. Dispute Resolution: In the event of any disputes, having a legal team experienced in property law is invaluable. We offer mediation, negotiation, and litigation services to resolve conflicts efficiently and protect your investment.

8. Ownership Structures: Choosing the right ownership structure can significantly impact your investment. Whether it’s individual ownership, joint ventures, or corporate entities, we advise on the best structure for your needs to optimize tax benefits and liability protection.

How We Can Help

At MJ Legal, our property lawyers bring years of expertise to assist you in your property investment journey. Here’s how we can support you:

Expert Conveyancing Services: Our seasoned property lawyers specialize in conveyancing, ensuring a smooth and efficient property transaction. We handle all legal aspects, so you can focus on your investment goals.

Seamless Integration of Technology and Personal Service: We combine advanced technology with a personalized touch to provide you with the best service. Our tech-driven approach streamlines processes, while our dedicated team ensures you receive the attention and support you need.

Client Education and Guidance: We believe in empowering our clients by educating them about the legal process. We guide you through every step, ensuring you understand the requirements and procedures, so you can make informed decisions without feeling overwhelmed.

Coordination with Financial Institutions: Our lawyers collaborate closely with your mortgage broker or bank, assisting with the finance approval process. This coordination reduces the time and effort you spend navigating between professionals, ensuring a timely and hassle-free property settlement.

By choosing MJ Legal, you gain a trusted partner dedicated to making your property investment experience seamless and successful. Let us handle the legal complexities while you focus on achieving your investment objectives.

FAQs on investing in property

  • Yes, there is no concession on stamp duty when buying investment properties. The amount payable for stamp duty will increase proportionately with increased property value.

  • You may choose to hold your property in one of the following ways:

    • Sole proprietor

    • Joint Proprietor

    • Tenants in common

    • Company as Proprietor

    • Trust as Proprietor

  • In choosing how to record your interest in the property, you must consider the various legal and taxation consequences of these different structures.

  • Purchasing property under a trust can additionally be good asset protection mechanism.

  • Buying investment property under a trust, particularly commercial properties under a trust, can be uniquely beneficial from a capital gains tax perspective as you stand to gain a 50% discount upon sale.

  • Land tax should be paid by landowners annually to the state government. The tax payable will usually depend on the value of the property being taxed.  

  • While your principal place of residence (PPR) is exempt from land tax, investment properties are not.

  • Negative gearing is a tax benefit system that will allow property investors a tax relief, if the cost of the investments exceeds the rental income received. When negatively geared, the investors can deduct their loss against other incomes, such as salary and wages. Negative gearing will particularly help you with tax savings.