+61 2 9570 7671

Conveyancing & Property Law

Property law covers a range of matters in addition to buying and selling real estate. Ownership interests, subdivisions, easements, and encroachment issues all form part of a broad and complex area of law affecting homeowners, developers, and investors. We are experienced in property law and can provide timely and commercially-sound advice for a range of property transactions, including:

  • Buying and selling residential, rural, commercial and strata property
  • Buying and selling off-the-plan
  • Auction sales and purchases
  • Preparing, reviewing, and negotiating terms and conditions for your sale or purchase contract
  • Advice regarding stamp duty and concessions/exemptions under the First Home Owners’ scheme
  • Conducting due diligence, searches, and enquiries
  • Advice on home building contracts and construction contracts
  • Mortgage transactions, securities, guarantees and refinances
  • Property development and subdivisions
  • Property disputes and representation in dispute resolution and at Court

Conveyancing Services

Buying or selling a property is one of the most important financial decisions you may ever make. It can also be stressful. We offer quality, competitive fixed-price conveyancing services. We will protect your legal rights, answer your questions and keep you advised every step of the way.

Selling  residential property

When selling a property, a written contract must be in place with certain prescribed documents attached. These disclosure documents contain information about the land, for example, a deposited plan, drainage diagram, council planning certificate and details of any encumbrances registered on the title. If these requirements are not met the purchaser may have the right to rescind (cancel) the contract. We can prepare a contract for sale, advise you of your obligations as a seller and include any specific conditions to suit your circumstances.

Purchasing  residential property

When purchasing a property, you need to obtain all the information necessary to ensure the investment is right for you. Although the law requires a vendor to disclose specific information, there are certain investigations that are your own responsibility.

Due diligence involves carrying out various searches and enquiries to uncover any issues or defects with the property that are not obvious from the contract. A lawyer can recommend the investigations necessary to protect your interests, explain your rights and obligations under the contract and flag any concerns.

Property development generally concerns the improvement of land for profit. Whether your project involves the subdivision of one lot into two, or multiple lots for a major development, there are many legal and financial matters to consider.

Property development is governed by legislation, regulations, planning schemes and policies administered by local councils and other government bodies. It is important to understand the overlap of the relevant laws, and the processes required to achieve the proposed objectives and minimise costly mistakes.

Collaborating with an experienced property lawyer and other professionals to check off due diligence matters, liaise with authorities, and to prepare and explain titling and legal concepts is invaluable throughout this process.

Commercial & retail leases

A commercial lease is a legal contract setting out arrangements for a tenant (lessee) to occupy and carry out its business operations at commercial premises owned by a landlord (lessor).

If the premises is deemed ‘retail’ under the Retail Leases Act 1994, the lessee will have some additional protections and the lessor must comply with specific obligations including the provision of prescribed disclosure documents to prospective lessees.

The proposed terms and conditions of a commercial lease should be carefully reviewed to ensure that they suit the needs of both lessor and lessee. Typical terms requiring attention are:

  • the term of the lease and whether it contains an option to renew
  • the rent, rent reviews and the method to be used for rent increases
  • a plan of the leased premises and details concerning use of bathrooms, carparks, storage areas and common areas
  • the lessee’s responsibility for outgoings and insurances
  • fit-out provisions – whether the lessee will be able to add fixtures and fittings to the premises, who is responsible for these costs, and what happens to the fixtures and fittings at the end of the lease
  • restrictions, for example, on trading hours, signage, etc.
  • transfer or assignment provisions

It is important to engage a  property lawyer to negotiate, review or prepare your lease before entering into an agreement that will have a long-term impact on your business operations or your commercial investment. We act for both lessees and lessors and can advise on your proposed leasing agreements to ensure your rights and interests are protected.

 

If you need any assistance, contact us at [email protected] or call 02 9570 7671 for expert legal advice.