Property & Conveyancing
You have just inspected your dream residential property and made an offer but the agent tells you there are two other keen buyers and the first to exchange gets the property. The problem is this – it’s Saturday and your lawyer is not available until Monday. Add to that, you need finance but that requires a discussion with your bank who will want to value the property to ensure it meets their margins for lending the amount you need. Funding is critical to your decision to buy but, you guessed it, no one is working at the Bank until Monday. What do you do? A savvy buyer makes one of two choices. You either negotiate with the agent to accept a significant holding deposit (but not the full 10% deposit) and take the property off the market for an agreed time on the Monday to enable you to make your inquiries and proceed to exchange. In the alternative, you might proceed to an immediate exchange subject to your cooling off rights to terminate the Contract within 5 business days, sacrificing a small part of your deposit to preserve that right. Either course gives you the ability to consult us as your lawyers before you make a decision you are irrevocably bound by.
We provide honest and cost effective legal advice on property law when our clients want to purchase, sell, lease, transfer or otherwise deal in commercial or residential property. This includes lease agreements, licenses, mortgages, deeds of assignment, documents to vary the ownership of jointly owned property or to establish a legal or equitable interest in property, boundary disputes, fencing disputes, restriction as to user, positive covenants, easements, subdivisions and entry into a Contract for Sale of Land (eastern seaboard) either as Vendor or Purchaser of commercial, industrial and residential properties. Consulting your property lawyer before you buy, sell, lease, rent or otherwise deal in property can often help you avoid costly and hostile disputes down the road.
Commercial and Residential Property Solicitors
Our property lawyers have experience working on many successful commercial and residential property transactions which have earned them the trust and respect of our clients.
Accuracy and attention to detail
Review and complete all required work ethically, competently and in accordance with best practice
Advising as to how best to minimise your exposure to risk
Devising a strategy that reflects your individual needs and that is both sympathetic to and cost effective with those needs
Resolve disputes and conflicts with a negotiated settlement
Ability and skills to conduct litigation as and when required
We act for both Lessors and Lessees in lease transactions, on new lease transactions (both drafting Leases and/or negotiating Lease terms for a Lessee) and advice on ancillary matters ranging from Development Application approval from Council or a grant or variation of a liquor license needed to effectively trade the business. We understand what is required both prior to negotiation of lease terms as well as the negotiation, amendment and finalisation of lease terms.
In acting for a Lessor, we understand the need to meet your requirements for example; if a fairly uncompromising Lease is required to protect your interests yet maintain a level playing field with the Lessee.
In acting for the Lessee, we understand the need to negotiate the best terms that meet your requirements but also ensure the Lease terms are fair and reasonable and areas of potential dispute identified as this document will form the basis of a long, ongoing relationship between Lessee and Lessor.
It is often said that the devil is in the detail. Certainly this is true of any conveyancing transaction. Both residential and commercial real estate sales and purchases require a great deal of expertise and attention to detail. The Vendor’s primary objective is proper and adequate disclosure to satisfy all legal requirements and avoid dispute in order to achieve a sale. In turn, the Purchaser needs to understand all the terms of the Contract and associated obligations before entering into the Contract to ensure the property is suited for his/her/it’s intended use and there are no pitfalls that effect the value or subsequent use of the property.
When you engage our services at the beginning of the real estate buying process, we are able to begin our due diligence and handle any potential challenges or risks that may develop throughout the buying and selling process.
In real estate, not everything is as clear as it may appear. Leasehold, freehold and shared ownership, third party interests and mortgagee approvals all require certain legal steps to complete a real estate transaction for commercial and residential properties.
If finance is required to assist a purchaser, this should ideally be dealt with prior to entry into a contract as should a proper review of the contract and pre-purchase inquiries.
Reliance upon oral representations that are not reflected in the contract terms can lead to grief and possibly result in costly litigation, as can a failure to adhere strictly to the terms of a contract.
We also act in litigated property matters for both the Plaintiff and for the Defendant. These range from claims for compensation based on negligence, disputes arising from a Commercial Lease, claims based on misrepresentation and/or breach of a Contract for Sale to disputes with neighbours over fencing matters, easements or boundary realignments. We conduct litigation across a variety of jurisdictions including the Supreme Court, District and Local Courts and NCAT.
Call 02 9283 2355 to speak with a property law solicitor today!