Buying or selling a property is usually considered a routine legal transaction that should be straight forward. In most cases it is, but the complexity of transferring property is often under-estimated and if complications do arise, they can be very expensive to resolve. This is where an experienced property lawyer can help. As most people’s largest financial investment, it makes sense to entrust a professional when it comes to your property transaction.

We can help with a range of conveyancing and property related services, including:

• Sale and purchase of residential property
• Commercial property sales and acquisitions
• Auction contracts and off-the-plan sales and purchases
• Section 66W certificates, cooling-off periods, and deposits
• Option deeds / put and call options
• Retirement village purchases, leases, and service contracts
• Commercial and retail leasing
• Building contracts, owner builder issues and the Home Building Act 1989
• Property and neighbourhood disputes
• Advice on loans contracts and mortgages
• Preparing Powers of Attorney and registering with Land Registry Services
• Advice in regard to easements and covenants on title searches

Conveyancing

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 lawyer, 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. If you fail to gain a necessary approval, give a required notice, or sign an essential document, you may find yourself in default as either a buyer or seller, and the consequences can be significant.

Buying a Property

If you are buying, the principle of caveat emptor (buyer beware) generally applies, so 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 purchasing, there are several matters that may not be obvious from the contract and/or a physical inspection of the property. We can recommend additional investigations to help you make an informed decision before proceeding with your purchase, review and explain the contract terms and any cooling-off rights and guide you through the entire process.

Selling a Property

If you are selling, you have specific obligations to meet, and will need a written contract for sale prepared with certain disclosure material attached. We can prepare your contract, explain your rights and responsibilities as a vendor, help you with any special conditions and liaise with your agent and buyer’s legal representative.

Commercial and Retail Leasing

If you need a premises to run your business, it is likely you will need to enter into a commercial or retail lease. A lease typically involves a significant financial investment, so it is important to ensure 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
• the lease is compliant with any relevant retail leasing legislation
• your legal rights are protected and there are provisions to address a range of contingencies or unforeseen events

Similarly, if you own commercial or retail premises that you rent out, you will need a carefully drafted lease agreement with terms and conditions to ensure your investment is protected.

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

If you are in the business of property development, you would know that properly drafted contracts are essential to ensuring that a project goes smoothly. This can be complicated, keeping in mind the different skillsets and parties that you will need to engage with to complete a development. However, careful planning and advice at the outset can prevent costly disputes in the future. If you need some advice on a proposed development, and the various agreements you may need to have in place, speak with one of our experienced lawyers.

If you need any assistance, contact [email protected] or call 02 8005 6577 for expert legal advice.