Property law is a complex area with various arcane rules derived from the common law, equity, and legislation. When dealing with real estate and other valuable commodities, it makes sense to engage somebody who understands the law and can protect your interests. We can assist you with:
- Residential and commercial sales and purchases
- Strata, rural and vacant land sales and purchases
- Auction sales and purchases
- Inter-family transfer arrangements
- Buying and selling property off-the-plan
- Mortgages and refinancing
- Commercial and retail leases
- First home owners, including assistance with First Home Owners Grant and NSW New Home Grant
- Property developments and property subdivision
- Property disputes
- Creating trusts through which property may be held
Conveyancing
Conveyancing involves the process of transferring the legal ownership (title) of property from one party to another. It requires a solid understanding of contract and property law and the various rules and regulations regarding a property transfer.
A property sale or purchase has very strict deadlines and unforgiving requirements. Vendors and purchasers alike can find themselves in precarious legal situations if they fail to give required notices, meet deadlines, or conduct the necessary due diligence for their transaction. If you find yourself in default of a contract either as a buyer or seller, the consequences can be significant.
Buying Residential Property
Entering into a legal agreement to buy property creates binding obligations, so you need to know exactly what you are getting and understand your position before signing and exchanging contracts. Due diligence involves a series of investigations to ensure that the property may be used for its intended purpose, the implications of any easements or other restrictions on the property are understood, and that the structures are sound and compliant.
Selling Residential Property
You will need a written contract prepared before offering residential property for sale in New South Wales. Disclosure documents, as relevant, must be included, for example, a title search, a plan of the land, drainage diagram and planning certificate. If these requirements are not met a purchaser may have the right to rescind (cancel) the contract. Vendors must also provide certain warranties about the property they are selling and may need to disclose additional information in the contract.
Our conveyancing and property work is carried out by knowledgeable lawyers with many years of experience in conveyancing in New South Wales.
Commercial and Retail Leases
If you own commercial real estate and lease it out, a properly drafted lease is essential to protect your interests. Similarly, if you are looking to lease a commercial space, it is important that the proposed lease is reviewed by a competent lawyer so that you know exactly what you are signing up for.
Although a standard commercial lease provides a good starting point, it is rare that it will cover all the issues relevant to a property. Our lawyers are experienced in drafting and reviewing commercial leases, including special conditions, to ensure that your rights are protected, and the lease covers a range of contingencies that are often not contemplated by the parties.
We can help you with:
- Drafting and reviewing retail and commercial leases
- Negotiating the terms of a proposed lease (including rent, transfer options, duration, exit and renewal options)
- Explaining your disclosure obligations as a lessor and your rights as a lessee under a retail lease
- Subletting of premises and transfer of leases
- Commercial and retail leasing disputes
Trust Law
Where a person or company holds a form of property or rights on behalf of and for the benefit of another, that person is holding the property “on trust”. The effect of a trust is the separation of the beneficial, from the legal ownership of property.
Establishing a trust can help to ensure that assets are preserved for certain individuals and provides flexibility in distributing property and income. There can also be taxation advantages provided the trust is properly established and effectively managed. We offer expert advice on the creation, management, and compliance requirements for all types of trusts.
We offer fixed-fee conveyancing services and can also assist with a range of other property related legal matters. For a free quote, or to arrange a no-obligation consultation with an experienced property lawyer, contact [email protected] or call 02 7256 7050.