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Retirement Village Contract Legal Advice- Melbourne

Ensure your move to a retirement village is smooth and informed with expert legal advice from Shamac Lawyers.
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Retirement Village Contract Legal Advice - Melbourne

Are you considering buying into a retirement village? It’s important to understand the complex laws and lengthy documentation involved in these transactions. At Shamac Lawyers we specialise in representing individuals who are selling their family home and moving into a retirement village. We have a caring and patient approach and can assist you at every stage of the process. Here’s what you need to know before signing a retirement village contract.

Things To Consider Before Signing A Residence Contract

Before signing a residence contract, there are many things to consider, including:
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  • What must be mandatorily reinstated.
  • Whether there is a high care facility on site.
  • What extra costs are involved if there is a high care facility.
  • Whether your interest in the village will be affected by long absences, such as holidays, or recovering off-site due to an illness or injury.
  • Whether you can be forced to undergo medical assessments and ultimately be forced to leave the village.
  • Other additional fees and charges, such as maintenance, recreational facilities, and management and administration costs.
  • What insurance you will need.
  • Whether you can stay on even if your health diminishes
  • How disputes are resolved.
  • Whether you can keep a pet, plant a garden, or paint your unit.
  • What improvements you can make and what you will be compensated for.
  • What services will be provided and what their cost is.
  • What insurance you will need.
  • Personal services charges, such as meals or cleaning.
  • How disputes are resolved.
  • Whether you can keep a pet, plant a garden, or paint your unit.
  • What improvements you can make and what you will be compensated for.
  • What services will be provided and what their cost is.
  • What insurance you will need.
  • Personal services charges, such as meals or cleaning.
  • The initial one-off ingoing contribution.
  • The exit fees and what’s involved if you need to move.
  • How the exit fee is calculated and when it must be paid.
  • Whether the village operator takes a share of any capital gain made on the unit.
  • The cost of reinstating the unit and other selling costs.
  • What must be mandatorily reinstated.
  • Whether there is a high care facility on site.
  • What extra costs are involved if there is a high care facility.
  • Whether your interest in the village will be affected by long absences, such as holidays, or recovering off-site due to an illness or injury.
  • Whether you can be forced to undergo medical assessments and ultimately be forced to leave the village.
  • Other additional fees and charges, such as maintenance, recreational facilities, and management and administration costs.
  • What insurance you will need.
  • Whether you can stay on even if your health diminishes
  • How disputes are resolved.
  • Whether you can keep a pet, plant a garden, or paint your unit.
  • What improvements you can make and what you will be compensated for.
  • What services will be provided and what their cost is.
  • What insurance you will need.
  • Personal services charges, such as meals or cleaning.

Understanding Retirement Village Contracts

Retirement village contracts can be complicated, with long-term financial consequences. Most retirement village contracts involve the sale of the right to reside in a unit by way of a lease agreement, rather than purchasing the unit itself. As a result, there are substantial exit charges when the person leaves the village. Each retirement village has its own specific clauses and conditions, which need to be reviewed and advised on individually.
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How Can We Help?

We can assist you with all aspects of retirement village contracts. Our services include:
  • Review of residence contracts (licence agreements, leases, sale contracts)
  • Review of nursing home and retirement village contracts
  • Review and drafting of village bylaws and policies
  • Statutory compliance
  • Termination, sales, and conveyancing
  • Residents Committee and Body Corporate issues
  • Resident disputes

We urge you to contact our office immediately if you have signed any documents with a retirement village. Signing the Public Information Document may start the cooling-off period, after which refunds may no longer be available.

Buying into a retirement village can be complex, especially if selling your family home simultaneously. Our patient and caring approach ensures you understand your rights and obligations at every stage before signing a contract.

Contact us today to learn more about our expert legal conveyancing services.

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