Property Law & Conveyancing
We understand the needs of purchasers, sellers, developers, borrowers and lenders and have extensive experience in all types of property projects – from one-off conveyancing transactions to high-rise residential and commercial developments
We can assist with:
- Buying and selling residential property, vacant and rural land, strata and community title, and commercial property
- Off-the-plan Contracts and sales and purchases
- Buying or selling at public auction/private treaty
- Arranging due diligence, searches, and enquiries
- Subdivisions and property developments including joint venture arrangements
- Building Contracts and development project Contracts
- Property disputes
- Representation in dispute resolution and at court
- Site location and procurement
- Finance procurement
Conveyancing is the process of transferring the legal title in property from one party to another. Oversights during the conveyancing process may lead to significant issues down the track for buyers and sellers.
Section 32 (vendor statement)
The vendor’s statement discloses information not always disclosed by inspecting the property and must include all relevant details which may affect the state of the property, such as, certificate of title search, council planning and information certificates, contaminated land, amongst other things.
A vendor statement helps the buyer make an informed decision as to whether they want to proceed with the purchase of a property.
Contract of sale on hand for potential buyers
There are two types of Contracts for the sale of residential property in Victoria, a Contract of sale, and an auction Contract.
The Contract should include things such as details of the property, the vendor and purchaser names and details of their respective lawyer/conveyancer and agreed purchase price.
The Contract becomes legally binding once the vendor and purchaser have both signed it. The purchaser will need to pay a deposit of 10% of the purchase price to the vendor on signing the Contract.
What happens when property has been sold?
The period between exchange and settlement of a property is usually between thirty to ninety days, depending on what has been negotiated between the vendor and purchaser.
During this period your lawyer or conveyancer will liaise with other parties such as lenders, estate agents, and the other side’s lawyers to organise settlement.
Additional investigations are often carried out on behalf of the purchaser.
Rates and other recurrent outgoings regarding the property are adjusted between the purchaser and vendor which are reflected in a settlement statement. On completion, the balance of the purchase price is paid in exchange for the transfer documents and the certificate of title.
Commercial and retail leases
Commercial and retail leases set out the legal terms and conditions through which a business may occupy premises to operate their trade or service. A lease agreement should be formally prepared and reviewed by an experienced lawyer to ensure a balance of rights between the parties.
Many lease disputes can be avoided with careful drafting to ensure all terms and conditions are clear and complete. There will generally be a time limit on when a tenant can exercise an option to renew their lease, expressed as a specific date or time period. Usually, the tenant can exercise their option to renew from three to nine months before the end of the lease term. It is important for a tenant not to miss the opportunity to exercise the renewal option as the landlord may otherwise be under no obligation to renew the lease, or renew it on the same terms as in the original lease.
We provide legal advice and assistance for retail and commercial leasing arrangements including:
- Drafting and reviewing retail and commercial leases
- Negotiating and explaining the terms and provisions of the lease including rent, transfer options, duration, exit and renewal options
- Subletting of premises
- Leasing disputes and dispute resolution
Disputes between property co-owners are often triggered by changing circumstances, a relationship or business breakdown, financial stress or the death of a co-owner. Co-owners may claim that interests held are disproportionate to the respective contributions made or disagree on the use, development or proposed sale of a property. To effectively deal with these matters requires an understanding of property law as well as knowledge of other areas of law such as family law, trusts and succession law.
Disputes between neighbours generally involve encroachment and / or fencing issues which should be carefully managed and negotiated to achieve a resolution that is fair and workable.