Conveyancing & Property Law
A property transaction, whether you are buying, selling, leasing or developing land, involves big decisions and is a significant milestone for most people. Our team has a wealth of property knowledge with expertise across the entire conveyancing process. With decades of experience to draw upon, our lawyers can provide expert advice tailored to your needs. We can assist with a range of conveyancing and property transactions including:
- Preparation of contracts for sale or purchase of land
- Residential and rural sales and purchases
- Buying and selling off the plan
- Auction sales and purchases
- Mortgages, refinancing and property deposit bonds
- Commercial transactions
- Property development and subdivision
- Commercial and retail leasing
Buying or selling property in New South Wales
Conveyancing is the process of transferring property from one party to another. Once you enter a binding contract to buy or sell property there are strict deadlines and unforgiving requirements to be met. With the assistance of a property lawyer or conveyancer, you will probably find the process relatively uneventful, but it is important to read all the information provided and carry out any additional due diligence to ensure your rights are protected.
Our streamlined e-conveyancing process enables us to represent you in any matter involving land in New South Wales. We offer competitive fixed fees for most conveyancing transactions and the peace of mind of having a lawyer oversee your conveyancing matter.
Buying
If you are buying, the principle of caveat emptor (buyer beware) generally applies. You need to do your research before contracts are exchanged so you know exactly what you are getting. While the contract will provide certain information about the property you propose buying, many important matters may not be obvious from the contract and/or a physical inspection of the property. For example, pre-purchase building and pest inspection reports can comment on the condition of the property and can help identify potentially costly problems. You may be able to use this information to negotiate a reduction in the purchase price.
Our conveyancing team can help recommend additional investigations so you can make an informed decision before proceeding with your purchase. We will review and explain the contract terms and cooling-off rights, negotiate and draft any additional conditions you may wish to include, and guide you through the entire process.
Selling
Vendors have specific obligations when selling property and will need a written contract for sale with certain disclosure material attached. The contract will include the legal description of the property, a title search and plan, the conditions of sale, and specify which items are included or excluded. You may also want to include special conditions like a specified settlement date or that the contract be subject to you securing a contract to buy another property. Additional disclosure material provides further information to assist proposed buyers. Consequences for failing to comply with disclosure requirements can be dire, including exposure to the rescission by the purchaser.
We can prepare your documents, obtain the relevant disclosure material, explain your rights and responsibilities as a vendor, and liaise with your agent and the buyer’s legal representative.
Commercial and retail leasing
If you need a premises to run your business, you will likely need to enter into a commercial or retail lease. A lease typically involves a significant financial investment, so it is important to ensure, as a minimum, that:
- the premises is suitable for your business
- relevant approvals/licences are in place or can be obtained
- the commercial provisions (the term, rent and rent increases, renewal options, fit-out provisions, etc.) are suitable for your plans
- your legal rights are protected and there are provisions to address a range of contingencies or unforeseen events
If you own commercial or retail premises that you rent out, you will need a carefully drafted agreement with terms and conditions to ensure your investment is protected. If the leased premises is retail, the leasing arrangements must be compliant with the relevant retail leasing legislation, and you will have certain disclosure obligations.
A well-drafted commercial lease with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid leasing disputes down the track. We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.
Property development
Property development generally involves the improvement of land for profit, whether you are subdividing a single lot into two, or developing multiple lots in an estate. The stakes are high and 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 these planning and development laws and the relevant processes that apply in your area and for your project.
Property subdivision can be a risky proposition and you need to do substantial research, including consulting with the local council, town planners and surveyors before you commit. Collaborating with an experienced property lawyer and other professionals when embarking on a project is invaluable to check off due diligence, explain legal concepts, and create the best structures to help you achieve your objectives.
If you need help, contact one of our lawyers at [email protected] or call 02 6642 3411 for expert legal advice.