Conveyancing & Property Law

We have over 25 years of experience in residential, commercial and industrial transactions, and guide you through buying, selling, leasing or developing property.

We provide a premium conveyancing service, with personal interviews for our buyers and sellers where they are taken through their contracts and given full and detailed advice by our caring conveyancing staff who have the time and experience to understand their special needs under the full supervision of a practising solicitor.

We provide comprehensive written exchange and settlement advice and ensure you are provided with full documentation at the conclusion of your matter.

We ensure that all aspects of your legal needs are considered in relation to your conveyancing transaction, so that the sale or purchase fits your estate planning, business and family circumstances; this cannot be done by a licensed conveyancer alone.

It is essential when buying and selling with co-owners, whether independent or related that legal advice is obtained.

It is also essential when selling after a relationship or marriage breakdown that legal advice is obtained, even if you have agreed to the division of the sale proceeds.

Only a solicitor can ensure that all your legal needs are fully covered.

Purchasing a property

Whether buying your first home or adding another investment to your portfolio, purchasing a property can be overwhelming. As a buyer, it is essential that you understand the terms of any contract you intend to enter and that you conduct proper due diligence before entering it.

If you discover some defect or issue with the property you are purchasing after a contract becomes binding, you may not be able to pursue the vendor for damages. Remedying any defects or issues yourself may also be difficult and costly.

While reviewing and negotiating your contract can protect you from risks relating specifically to its terms, obtaining a pest inspection and building report can flag defects or issues with the property you are purchasing which may result in hidden costs in the future. There are also a number of other investigations we will recommend to ensure your interests as a buyer are protected.

Purchasing a property off the plan

If you are looking to buy a new property, buying off the plan can be more complicated than purchasing an existing property. As a result, a number of laws have been put in place to protect purchasers in relation to off the plan contracts.

When entering a contract to purchase an existing property, a cooling off period of five business days applies during which a purchaser can rescind the contract and forfeit 0.25% of the purchase price to the vendor.

For an off the plan contract, a longer cooling off period of ten business days applies. This can be extended or waived by agreement between the parties to the contract.

Selling a property

Contracts for sale of land should be tailored to the property being sold and should also reflect the seller’s needs and financial circumstances, including any land tax and GST implications relevant to the sale.

There are a number of prescribed documents which must be annexed to a sale contract. Some of the prescribed documents are required for all sale contracts, while some depend on a number of factors including: whether recent work has been completed on the property, whether there is a swimming pool on the property or whether the property is located within a strata building.

A written contract for sale must be in place before marketing any property, and, from the outset, should be drafted with a full understanding of the nature of the property and the seller’s obligations.

Commercial leasing

A commercial lease governs the relationship between a landlord (lessor) and tenant (lessee) regarding the lessee’s right to occupy the lessor’s premises and run a business. The lease sets out the commercial terms agreed between the parties such as rent, outgoings, the term of the lease, renewal options and responsibilities for fit-out, repairs and maintenance.

If the rights of the parties are not clearly stated, for example, in relation to the removal of fit-out and renewal of lease, disputes can arise resulting in unnecessary costs.

A leasing arrangement is a valuable commodity for both the lessor (whose investment in the commercial premises must be adequately protected) and the lessee (who relies on reasonable terms and security of location to operate a business). The rights of the lessor and lessee should be balanced, and the parties should each obtain independent legal advice.

Mortgages

A mortgage can be described as a ‘statutory charge’ over property that secures the payment of funds loaned to a borrower. The mortgage is registered over the property’s title and gives the mortgagee (lender) certain rights if the borrower defaults on the loan.

The terms of your mortgage and associated loan agreement can seem overcomplicated and sometimes unintelligible. Often you will be required to prove that you have sought legal and financial advice relating to the terms of your mortgage and that you understand them.

Regardless, any potential borrower should understand the terms of their mortgage and the potential consequences of their failure to repay.

Property development and subdivision

Subdividing a property involves the division of a single lot into two or more lots. Once subdivided, a title is created for each new portion of land which can be separately sold and transferred.

Property development is governed by a matrix of legislation, regulations, planning schemes and policies administered by local councils and other government bodies. While property development and subdivision can be profitable, 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 surveyor to check off due diligence matters, liaise with relevant authorities, and to prepare and explain titling and legal concepts is invaluable throughout this process.

Our experienced and friendly property team can handle all your conveyancing and legal requirements including the sale and purchase of your home, investment property or business, as well as commercial leasing. We are also able to assist with a range of property related matters such as planning and development, site acquisitions and due diligence, building development agreements and construction contracts.

If you need any assistance, contact us at [email protected] or call (02) 4588 5955 for expert legal advice.