Conveyancing & Property Law
Conveyancing is the process of transferring the title of real estate from one party to another. Many people buy or sell real estate during their lifetime, and it is a common legal transaction. That said, there are risks in any property conveyance. To minimise those risks, it is important to understand your legal rights and obligations and to know exactly what you are selling and buying. This is where an experienced property lawyer can help. We can assist with the entire conveyancing process, and a range of other property transactions, including:
- Preparation and review of contracts for sale or purchase of land
- Property settlements and negotiations
- Commercial and retail leases
- Auction enquiries
- Assistance with identifying suitable opportunities for finance
- Assistance for first homeowner and the First Home-Owners Grant
- Mortgages, refinancing and property deposit bonds
- Property developments and lease back
- Property subdivision
We offer fixed price quotations and have a range of contacts to facilitate your transaction. Our clients include first home buyers, property developers, real estate agents, banks, mortgage brokers, and surveyors.
Selling residential property
If you are selling residential property in Victoria, New South Wales or Queensland , you will need a contract of sale and/or a vendor’s statement (section 32 statement) prepared. These documents are legal requirements and must be correct. The contract includes details about you, your agent, your legal representative, as well as some property information, such as the items included in the sale, the deposit required, and the sale price.
These documents provide other pertinent information such as details of any mortgages, easements or other interests affecting the property, information about rates, and other important notices. If the property is an apartment or townhouse, there are also requirements to include an owners’ corporation certificate.
Buying residential property
Before signing a contract to buy property, you need to ensure that you will have the funds needed to complete your purchase allowing for stamp duty, legal costs, and other associated expenses. You should get legal advice an experienced lawyer on the contract of sale and various statutory requirements.
Conducting due diligence helps to ensure that you know exactly what you are purchasing. This generally involves going further than reviewing the documents attached to a contract. A building report and pest inspection can reveal hidden defects, pests, and problems that may cost you money down the track.
Once you have decided to make an offer on a property but before proceeding further, you may want to negotiate with the vendor. Once a price has been agreed, and you have entered binding contracts, you will need to pay the deposit and prepare for settlement.
Our experienced lawyers can assist with every step of your purchase, advising you on the contract, negotiating on your behalf, and liaising with your bank to ensure settlement goes smoothly.
Commercial and retail leases
A commercial lease is not only a serious financial undertaking, but the terms of a lease may restrict how you run your business. You should never sign a commercial lease without having it reviewed by your lawyer who can identify areas where the lease may be too restrictive or punitive and may be able to negotiate fairer terms with the landlord.
If you are leasing premises defined as “retail” under the relevant retail leasing legislation in your jurisdiction, certain aspects of your arrangements will be regulated, and the lessor may need to comply with certain disclosure requirements. We can check whether retail leasing legislation applies to your proposed arrangements.
Commercial leasing disputes typically arise because of poorly drafted or ambiguous lease agreements or when the parties do not properly understand their rights and obligations under a lease. Cashflow problems and unforeseen events such as major damage to the premises, can also contribute to a dispute.
Whether you are a lessor or lessee, obtaining independent legal advice and having your lease agreement prepare or reviewed by an experienced property lawyer can help minimise potential disputes down the track.
Property law provides for wealth to be acquired through the transfer of valuable objects. While this sounds simple in theory, property law is quite a complex area of law. Some property rules are truly arcane to a modern mind, yet they are at the heart of many everyday arrangements. We have a wealth of experience in this complex area and can assist with a range of conveyancing and property related transactions.
If you need assistance, contact one of our lawyers at [email protected] or call 03 5747 8251 for expert legal advice.