Conveyancing & Property Law
Property is a complex and multi-faceted area of law where the stakes are high and getting things wrong can have huge financial implications. Our principal is an Accredited Property Specialist with over 40 years of experience. Our services transcend straight forward residential conveyancing. We provide guidance across a range of property transactions and related matters – from helping first-time buyers with their homeownership journey, advising on the legal intricacies of major developments, to representing clients with town planning and local council issues.
Services include:
- Buying and selling residential property and vacant land
- Off-the-plan sales and purchases
- Strata and community title
- Commercial and industrial transactions and developments
- Easements / rights of way / caveats and other land dealings
- Subdivisions and developments
- Planning law / town plans
- Local council disputes and advice
- Compulsory acquisition of land / resumptions
Buying and Selling Residential Property
When buying residential property, the principle of caveat emptor (buyer beware) typically applies, so you need to do your due diligence before entering into a binding contract. The sale of land contract in New South Wales provides information about the property and the attached disclosure documents will provide additional details. In addition, buyers should conduct their own investigations, such as searching council records and ordering surveys, pest and building reports, etc., to ascertain whether there are issues with the property or its structures that are not evident from a layperson’s inspection or the information in the contract.
A range of additional searches and enquiries may be ordered before and during the conveyancing process. The types of investigations will typically depend on the type of property being acquired, its location, and any specific concerns, etc.
We will explain your rights and obligations under the contract and can assist with certain investigations to help you make informed decisions. We can also assist with negotiations with the vendor, and additional special conditions (if relevant), and will guide you through the entire conveyancing process.
Vendors in New South Wales have specific obligations when selling residential property and must have a written contract and disclosure material available before marketing begins. We will prepare your contract, obtain the disclosure documents on your behalf, and explain your rights and responsibilities as a vendor. We can also help with any additional conditions to suit your circumstances or to further protect your interests and will liaise with your agent, the buyer’s legal representative and your outgoing mortgagee, as relevant.
We often provide information in relation to the potential pension consequences of the proposed transaction, where in some instances a client could lose part or all of their pension.
We assist clients in negotiating the complex area of Granny Flat arrangements, in order for the Granny Flat arrangements to fit within Centrelink / Social Security arrangements.
Settling your Property Transaction online
For many years, a property settlement involved the physical meeting of lawyers and bankers to check and swap documents and cheques. Documents would then need to be lodged with government authorities to transfer the title and change ownership details.
E-conveyancing has revolutionised this process through an electronic platform known as PEXA. E-conveyancing removes the location and time barriers of physical settlements and enables lawyers, conveyancers, and financial institutions to transact online. The online conveyancing system improves transparency and efficiency and streamlines manual processes and paperwork.
We are conversant with the electronic conveyancing process which visually tracks the progress of each stage of your matter, facilitates the online lodgement of documents and faster access to sales funds.
Commercial / Industrial Property Transactions
Commercial / Industrial property includes premises to be used for business purposes such as office or retail space, industrial buildings, and warehouses. While buying or selling commercial property has similarities to a residential property conveyance, there are usually additional considerations and often greater risk.
Determining the zoning and permitted use of the property is critical. Both parties will need to address the application of Goods and Services Tax (GST), as relevant, and any other tax and financial implications. Buyers will need to consider any existing leases and the purchasing entity to be used before binding contracts are established.
We provide expert legal advice for commercial property transactions and will also work with your financial advisor/accountant, if necessary, to structure a transaction that best meets your goals and protects your interests, usually per your accountants advice.
Planning and Development Lawyers
Property development generally involves the improvement of land to make a profit. While the returns can be high, so are the risks. Collaborating with experienced professionals is essential to check off due diligence and manage and create suitable structures to help achieve the objectives of a planning project while mitigating risk.
Subdivision and development of land in New South Wales are governed by a matrix of legislation, regulations, planning schemes and policies administered by local councils and other government bodies. Planning laws are complex and have evolved in line with environmental issues and the need to balance public, social, and cultural needs and resources.
Rezoned Farmland Sales (Englobo Land Sales)
Our firm specialises in acting for vendors who are marketing / selling their rezoned acreages, usually to developers. These dealings usually involve complex negotiations, Put and Call Options, with attached Contract of Sale and numerous Special Conditions.
Our firm has acted for many vendors selling their rezoned farmland.
Our best advice to landowners when dealing with developers or investor’s representatives regarding their farmland is to not sign anything until you have received legal advice irrespective of what the developer and or their representative might tell you.
We like to protect our clients from pushy developers and representatives and help you negotiate terms with the developers.
Industrial Land Dealings
Our firm has acted for many years on industrial land dealings (sales and purchases), including Strata Subdivisions, pre-Lease agreements, Lease agreements, Strata Industrial Subdivision and Industrial Subdivision.
Farmland /Hobby Farms
We have acted for many purchasers purchasing farmland and hobby farms, rural property transactions are very different to standard residential purchases, requiring a degree of expertise and knowledge.
Leases
We have acted on Leases for many years, including Retail Leases and Commercial / Industrial leases for both the Landlords and Tenants.
Retail Leases have very specific legal requirements, including disclosure statements, Retail Leases can be very technical.
We have our precedent Commercial / Industrial Leases, every Lease situation has particular requirements, which we need to address with our clients.
Tenants Leasing a new premises, usually require specific guidance, particularly if they have a specific use in mind, in particular the Zoning, whether they require Development Approval (DA) or a Complying Development Certificate (CDC), so the client can carry on the business or industry that they intend to.
Tenants also need to be advised on the rental increases and the number of Option Periods that they should receive, we can advise all of our Landlords and prospective Tenants on all of those relevant issues.
GST / Capital Gains Tax (CGT)
All property transactions can trigger very specific taxation consequences, whilst we are not tax lawyers or tax planners, we provide preliminary advice as to the possible effect of GST and or Capital Gains Tax (CGT), particularly to clients who are selling or transferring a property. We recommend that the client obtains further advice from a qualified accountant or a tax lawyer, specialising in the area of property tax law when required.
What often comes as a surprise to clients is that the transaction envisaged may have serious and expensive CGT and GST implications and consequences.
We provide preliminary advice regarding Land Tax, and the implications and consequences arising from the particular transaction.
Our experienced principal and property team is committed to ensuring that every property transaction, whether residential, commercial, industrial, or other related matter, is executed with dedication, skill and a focus on protecting your interests and securing your property goals.
Our firm’s emphasis is on plain direct advice to our client without any pretense or fluff, we also believe in directing clients to other areas of professional advice that they may require in the circumstances e.g. tax planning areas, accountants, town planners, engineers and building consultants.
Our principal is a greater believer in face-to-face conferences rather than the shuttle of emails and telephone calls backwards and forwards. There is little to no substitute for experience, common sense and practical advice.
We generally advise clients particularly in relation to property transfers, or business purchases and sales, with basic knowledge taxation, family law, local government and planning law and other general matters, which can be very helpful in guiding clients in deciding the direction that they wish to take and the possible complications in the transaction envisaged.
We also recommend specialist advice be obtained where necessary, however with over 40 years’ experience and with the extensive experience of our support staff, we can assist our clients in guiding them on their journey. Experience is important in providing clients general advice, even though that advice may not be strictly of a legal nature.
Experience and common sense can be very useful tools in providing legal advice.
If you need assistance, contact [email protected] or call 02 9601 4311 for expert legal advice.