Conveyancing & Property law

Buying or selling a residential or commercial property is a significant financial decision. It makes sense, therefore, to retain the services of a professional for your property transaction to ensure your legal interests and investment are protected.

We are experienced property professionals and provide expert conveyancing and property law services for a range of matters including:

• Conveyancing for buying and selling residential, rural, and commercial property
• Contract review and negotiation
• Auction sales and purchases
• Off the plan sales and purchases
• Assistance for first home owners and the First Home Owners Grant
• Commercial and retail leasing

Buying residential property

Entering into a binding contract to buy or sell property is a serious commitment, so you need to know exactly what you are getting and understand your legal position before going ahead. We can review the contract for your proposed purchase or sale and explain your position as a buyer or seller including any cooling-off rights.

The contract for sale includes the legal description of the property and sets out the rights and obligations of each party. It should show all encumbrances (easements, covenants) registered over the property and include other important matters such as details of compliance with swimming pool, electrical safety and smoke alarm regulations.

Building and pest reports from a qualified inspector comment on the condition of any structures on the property and can identify significant defects or pest issues. These reports can help you make an informed decision about the proposed purchase.
When contracts are signed, the deposit is generally paid to the agent or seller’s legal representative and held in trust. It is prudent at this stage to arrange insurance cover for the property.

After contracts are binding, we will carry out various tasks to ensure that you receive clear title to the property on settlement, or, if a seller, you receive your settlement funds, and that completion of your purchase/sale proceeds as smoothly as possible.

Joint tenants or tenants in common?

The way that your legal interests are held with other owners is an important consideration when dealing with property, particularly when it comes to asset protection, succession, and estate planning. We can help you make a decision that is best suited to your needs.

When you hold property as “joint tenants”, the interests are held as a whole, and ownership is subject to the rules of survivorship. If a co-owner dies, their share passes to the surviving owner/s. Property held as “tenants in common” can specify the individual shares held by each owner which need not be equal, and may be transferred, sold, or left to a beneficiary in a will.

Commercial and retail leases

If you need a premises to run your business, it is likely you will need to enter into a commercial or retail lease. A lease involves a significant financial investment, so it is important to ensure that:

• the premises is suitable for your business
• relevant approvals/licences are in place or can be obtained
• the commercial provisions (the term, rent and rent increases, renewal options, fit-out provisions, etc.) are suitable for your plans
• your legal rights are protected and there are provisions to address a range of contingencies or unforeseen events

Similarly, if you own commercial or retail premises that you rent out, you will need a carefully drafted lease agreement with terms and conditions to ensure your investment is protected. If the premises is defined as “retail”, the lease and negotiations must comply with certain retail leasing legislation.

A well-drafted lease agreement with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid disputes down the track. We can assist with a range of leasing matters including:

• Drafting, reviewing, and negotiating lease agreements
• Assisting lessors with compliance obligations under retail leasing legislation
• Lease renewals, transfers, assignments, and sub-letting

If you need any assistance, contact [email protected] or call 07 5474 1371 for expert legal advice.