Sale and Purchase of Properties
sale and purchase of residential properties (freestanding residences, strata units and apartment blocks), vacant land, commercial and retail properties, warehouses and industrial lots and rural properties
Off-the-plan Sale and Purchase of Properties
Off-the-plan sale of land, apartments or other property before construction of apartments or property on the land has been completed.
Off-the-plan purchase of apartments or other property that has not been built yet or is still under construction.
The law places stricter obligations and disclosures on vendors, with which vendors have to comply, than under “usual” contract for sale.
There are uncertainties in buying a property off-the-plan as a property when contract is exchanged is not finished. Accordingly, the purchaser must obtain professional legal advice before signing the contract.
We can prepare or advise on off-the-plan contract and represent you from initial stages to completion of your sale or purchase.
Options to sell and purchase property
If you want to purchase and develop a property, or to sell your property to a developer, you may consider an option.
Call options give a potential purchaser (grantee) the right to compel a property owner (grantor) to sell the property to the grantee at an agreed price. During the call option the grantor must not sell the property to anyone else.
Put and call options give each a potential purchaser and a property owner the right to compel the other to complete sale and purchase of the property.
In NSW strict legal requirements apply to option agreements for residential property. An option can be void or rescinded if the requirements are not followed. We can prepare an option agreement and guide you through the option process.
Commercial and retail leasing
Leases of office premises, shops, cafes and restaurants and other retail premises, factories, industrial premises and warehouses in Sydney and NSW, and other states.
We will prepare a lease agreement if you own a property and wish to lease it. We will advise you on the lease agreement if you are a prospective tenant. And we will guide you through the lease process to registration of the lease.
We can also assist you with agreements within your lease transaction, including a disclosure statement, any agreement to (enter) lease, sublease, incentive, confidentiality or car parking licence agreements.
If there is a disagreement during your lease we can assist you, including advising on any breach of the lease. Finally, we can advise you on ending the lease, including by termination, to avoid a dispute whether the lease was correctly ended.
We will advise you on any legal aspect of your residential tenancy or if you have any issues with your tenant or your landlord.
Loans and Mortgages
If you need legal advice on your proposed loan and mortgage and other security documents, as a part of your property purchase or as a separate matter, we will advise you.
If you are lending to or borrowing monies from your family members or business associates, we will document the loan and prepare and advise on mortgage or other appropriate security agreement.
If as a parent of an adult child you wish to contribute monies towards your child purchasing a property, in particular if they are married or partnered, please talk to us so your gift or loan can be appropriately documented.
Other property law matters
We can provide assistance in other property law areas, including strata title, advising on by-laws, owners corporations legislative compliance, easements and covenants and other title encumbrances, land and environment issues, and property development.
Preparing property contracts
Preparing contracts for sale and purchase of property, option agreements, co-ownership agreements, mortgage agreements.
Contract reviews and advice
Reviewing and advising you on property contracts, including contract for purchase of property, negotiating contractual terms, conducting necessary due diligence enquiries, managing process before contracts exchange and prior to property settlement, liaising with lending institutions, attending to legal issues arising before settlement, preparing for and attending to settlement of sale or purchase of property.
Leasing arrangements for landlords
Preparing lease agreements for landlords, including subleases, transfer and variation of leases, surrender of leases, and negotiating legal terms of lease agreements.
Leasing arrangements for tenants
Reviewing and advising tenants on lease and other related agreements and negotiating legal terms of such agreements.