Conveyancing & Property Law
At some stage of our lives, most of us will be involved in a conveyancing transaction or other property-related matter – whether that be buying a first home, getting a mortgage, renting a house or commercial premises, or developing land. All these transactions fall under the general umbrella of property law which involves an intricate understanding of various processes and other laws such as contract, planning, and succession law.
Our experienced team can assist with all your conveyancing and property needs, including:
- buying or selling residential or rural property
- buying or selling commercial property
- off-the-plan sales and purchases
- commercial and retail leasing
- property development and subdivisions
- retirement village contracts
- advice on mortgages and loan agreements
- property and neighbourhood disputes
Buying or Selling Property
Buying or selling real estate is one of the largest financial transactions most people ever make. Although conveyancing is often considered a routine transaction, there are many steps involved, and things can and do go wrong. This is why it important to engage competent, experienced professionals to deal with your investment.
Whether you are buying or selling, we can assist by preparing, reviewing, and/or negotiating the terms of a contract for sale, helping with due diligence, and explaining your rights and responsibilities under the contract. We can recommend searches and investigations so you can make an informed decision about your proposed purchase, and explain any disclosure obligations you have as a vendor.
If you enter binding contracts and are unable to complete the transaction, severe penalties may apply, including the forfeiture of the deposit if you are a buyer.
Buying a Property at Auction
If you are successful at an auction, you will be bound to the contract at the time of having your bid accepted. There is no cooling-off period for auctions so you will also be tied to the terms and conditions included in the contract at that time. For this reason, we recommend obtaining advice on the contract of sale and seeking any changes to terms ahead of the auction.
Rural Property Transactions
We have a wealth of experience in rural property transactions which require certain considerations that would not usually apply when dealing with residential property. If the transaction incorporates a farming enterprise, the business aspects must also be considered, including any relevant tax implications such as Goods and Services Tax (GST).
In addition to the dwelling and fixtures, the contract may include livestock, crops, plant, and equipment. Land and/or stock should be checked for affectations by chemical residue, contamination, noxious weeds, infestations, livestock disease or feral animals.
Buyers will need to investigate the existence of water-use licences and rural easements and rights of way and should check the permitted use of the land and the types of agricultural activities allowed. This may also be relevant to neighbouring land, which could impact the use and enjoyment of the property being purchased.
Property Development
If you are developing property, conducting due diligence, and having properly drafted contracts are essential to ensure that a project goes smoothly. This can be complicated, keeping in mind the different skillsets and parties that you will need to engage with to complete a development. However, careful planning and advice at the outset can prevent costly disputes in the future.
We can help if you need advice on a proposed development or subdivision, and the various agreements you may need to have in place.
Commercial and Retail Leasing
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 typically 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
- the lease is compliant with any relevant retail leasing legislation
- 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.
A well-drafted commercial lease with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid leasing disputes down the track. We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.
The complexity of a property transaction is often under-estimated, especially when it comes to carrying out due diligence and considering the most appropriate structures to use for effective tax and succession planning. We are experienced property lawyers and registered tax agents, so our clients benefit from a broad base of knowledge and expertise in these areas.
If you need assistance, contact [email protected] or call 02 6736 1888 for expert legal advice.