Conveyancing & Property Law

We provide quality, comprehensive conveyancing and property services for:

• buying or selling residential or rural property
• buying or selling commercial property
• off-the-plan / strata sales and purchases
• commercial and retail leasing
• property development and subdivisions
• property and neighbourhood disputes
• retirement village contracts

Buying residential property

Entering an agreement to buy property creates binding legal 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. We can explain your rights and responsibilities under the contract, recommend relevant searches and reports to protect your interests, and guide you through the entire conveyancing process.

Whether you are a new home buyer or a seasoned investor, we will make the conveyancing process as seamless as possible and answer your questions promptly so you can make informed decisions.

Selling residential property

You will need a written contract prepared before offering residential property for sale. Prescribed disclosure documents must be included such as a title search of the property, a plan of the land, drainage diagram and local council 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.

We can explain your obligations as a seller and prepare a compliant contract that is also tailored to your needs. Once a buyer is found, we will liaise with their representative, your agent and your bank or financial advisor to ensure a smooth settlement.

Transferring shares and interests in property

Sometimes shares or interests in real estate are transferred without a standard sale/purchase transaction. There are various reasons for this, for example, when an owner or co-owner of real estate dies, or when a relationship breaks down and the parties have reached a property settlement or court orders have been made. Shares in property may also be transferred to protect assets or where property is gifted to children or other family members.

While the idea of transferring the whole or a share in property might seem simple, there are usually legal and financial implications to consider. The transfer of property can trigger tax and stamp duty liabilities, so it is essential to get the right advice up-front and complete the correct documentation.

We can prepare the necessary documents for the assessment of transfer duty (or duty concession) and to register the transfer. You may also want to consult your accountant to ensure that you understand any tax-related issues such as capital gains tax and the financial effect of your proposed transfer.

Retirement villages

A retirement village is typically a community-style development offering accommodation options to retirees, generally aged over 55 years. There are different types, and the legal arrangements vary. For example, some contracts provide for outright ownership, whereas others are loan-licence or leasing arrangements.

Retirement village operators must provide prospective residents with certain disclosure information before entering a contract. The contract governs the rights and responsibilities of the resident and retirement village, and sets out details of occupancy rights, use of common facilities, the services included, the fee structure including ongoing contributions for management and maintenance, and the exit fees.

If you are considering retirement living, we recommend obtaining legal advice to ensure that the facility meets your needs, and you understand the financial and legal implications.

Commercial and retail leases

A commercial lease governs the relationship between a lessor and lessee regarding the lessee’s right to occupy premises and carry out its business operations.

Retail leases are commercial leases regulated by specific legislation which typically applies to premises within shopping centres or premises 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 lessee. The lessor must also comply with specific disclosure obligations.

A commercial leasing dispute may arise because of a poorly drafted or ambiguous lease agreement or when the parties do not properly understand their rights and obligations under the lease. Obtaining independent legal advice and having your lease agreement reviewed by an experienced property lawyer can help minimise potential disputes.

Property development and subdivisions

Property development generally involves the improvement of land for profit. Whether your project involves the subdivision of one lot into two, or multiple lots for 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 relevant authorities, and to prepare and explain the various title options legal concepts is invaluable throughout this process.

Property represents a significant financial investment and whether you are a buyer, seller, investor, or developer, it is important to be guided by experts you can trust. We are experienced property lawyers and have assisted a range of clients with their conveyancing and property needs for many years.

If you need assistance, contact one of our lawyers at [email protected] or call (02) 4970 5050 for expert legal advice.