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Property law covers a range of matters, including the transfer of real estate, the creation of interests on title (mortgages, easements, etc), the leasing of premises, or the development of land.
A property transfer is often the most valuable transaction many of us will ever deal with. We are experienced property lawyers and can assist with all your conveyancing and property law needs.
PEXA
We are registered for PEXA settlements. PEXA is an online lodgement and settlement platform. It offers a faster and more efficient form of settlement.
Buying property
Conveyancing is the process of transferring the legal title of property from one party to another. Typically, a conveyancing transaction moves quickly and is often considered a ‘routine’ process. However, there are many steps involved and a seemingly small oversight can come at a huge financial cost.
Whether you are buying your first property, looking for an investment, purchasing commercial property or upsizing the family home, we can help. We can review or prepare your contract, explain your rights and obligations, and recommend additional conditions, searches and investigations to help protect your interests.
There are many tasks to complete leading up to completion of your conveyancing matter. These include:
- conducting various searches
- arranging payment of transfer duty
- liaising with the lender regarding the mortgage
- calculating adjustments for council, water, and body corporate rates
- making final checks on the title
- attending settlement
- attending to post settlement steps, as required
Selling property
Your role when selling a property is generally a little less intense than when buying. However, having legal advice from an experienced lawyer is still important and will make the process a lot smoother.
You will need a contract prepared setting out the terms of sale and if the property is a unit, containing certain disclosures. The contract is often drafted by the real estate agent and we can review your contract to ensure your obligations are met and explain your position as a seller. Each property is unique, so it is important to obtain advice specific to your property and your circumstances. We can help with all legal aspects of your sale including any preparing or reviewing your contract, assisting with contract negotiations, liaising with the buyer’s lawyers, communicating with your lender to discharge any mortgage, and arranging settlement.
Farm sales
The sale or purchase of a farm often involves specific knowledge of primary production issues such as GST, environmental issues, branding transfers and stock related issues. Care should be taken to prepare conditions deal with issues that specifically relate to the use of the land for primary production purposes.
Whether your proposed development project involves the subdivision of one lot into two, or multiple lots for a complex 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 such as town planners and surveyors to check due diligence matters, liaise with relevant authorities, and to prepare and explain titling and legal concepts is invaluable throughout this process.
Commercial and retail leasing
If your business occupies premises that are owned by a third party, you will likely need to enter a commercial or retail lease. A commercial lease governs the relationship between a landlord and tenant regarding the tenant’s right to occupy premises and carry out its business operations.
Retail leases are commercial leases regulated by specific legislation which generally applies to premises within shopping centres or that are used wholly or predominantly for conducting a retail business. Retail leasing legislation aims to enhance consumer protection by stipulating minimum terms and conditions and limiting certain provisions that are deemed unreasonable for a tenant.. Both parties must comply with comprehensive disclosure obligations. Failure by a landlord to comply with this legislation may give their tenant rights to terminate their lease.
Commercial leases can be the subject of legal disputes which can arise because of poorly drafted, ambiguous, or non-existent lease agreements, or the failure of the parties to understand their obligations and rights. To minimise disputes and to ensure a balance of rights between the parties, we recommend that your lease agreement be prepared and/or reviewed by a lawyer and that each party obtains independent legal advice, before entering into the lease.
If you need assistance, email [email protected] or call 07 5479 2457 for experienced legal advice.