CONVEYANCING
& PROPERTY LAW
Our property and conveyancing team is highly experienced, with local knowledge, and operates from two office locations in Cobram and Finley. We provide seamless property and conveyancing services for clients in Victoria and New South Wales. Our friendly staff deliver advice in an easy-to-understand language so you can make informed, timely decisions.
We can assist with:
- Buying or selling residential property
- Buying or selling commercial property
- Off-the-plan / strata sales and purchases / auctions
- First Home Owners Grant
- Rural and farming sales, purchases, and leases
- Property due diligence / searches and reports
- Commercial and retail leasing
- Advice on loan agreements and mortgages
- Property development and subdivision / partitions / option deeds
- Retirement living / retirement villages
Buying Property
Entering an agreement to buy property creates legal obligations, so you need to know exactly what you are getting and understand your position before entering a binding contract. Due diligence involves a series of investigations to ensure that the property may be used for its intended purpose, the implications of any easements or other restrictions on the property are understood, and that the structures are compliant. We can explain your rights and responsibilities under the contract, recommend relevant searches and reports to protect your interests, and guide you through the entire conveyancing process.
Selling Property
You will need a written contract prepared before offering residential property for sale. You must also include certain disclosure material with your contract. This information provides details not readily apparent from a physical inspection of the property and helps potential buyers make an informed decision about whether to proceed with making an offer.
We can explain your obligations as a seller and prepare a compliant contract that is also tailored to your specific needs. Once a buyer is found, we will liaise with their representative, your agent, and other relevant parties to ensure a smooth settlement.
Settling your Property Transaction through PEXA
For many years, a property settlement involved the physical meeting of lawyers and bankers to check and swap documents and bank cheques, and the lodgement of documents with government authorities to transfer the title and change ownership details.
E-conveyancing has revolutionised this process through an electronic platform known as PEXA which removes the location and time barriers of physical settlements. E-conveyancing enables lawyers, conveyancers, and financial institutions to transact online, improving transparency and efficiency and streamlining manual processes and paperwork.
We are PEXA certified and fully conversant with this relatively new system of conveyancing, which visually tracks the progress of each stage of your matter, facilitates the online lodgement of documents and faster access to sales funds.
Commercial and Retail Leases
A commercial lease governs the relationship between a lessor and lessee regarding the lessee’s right to occupy premises to carry out their business operations.
A commercial lease is not only a serious financial undertaking, but the terms of a lease may restrict how you run your business. As such, you should never sign a commercial lease without having it reviewed by your lawyer who can identify areas where the lease may be too restrictive or punitive and may be able to negotiate fairer terms with the landlord.
If you are leasing premises defined as “retail” under the relevant retail leasing legislation in your jurisdiction, certain aspects of your arrangements will be regulated. Your lawyer can check whether retail leasing legislation applies to your proposed arrangements. In such cases, certain lease provisions will be governed by the legislation and the lessor will be required to comply with specific disclosure requirements.
Commercial leasing disputes typically arise because of poorly drafted or ambiguous lease agreements or when the parties do not properly understand their rights and obligations under a lease. Cashflow problems and unforeseen events such as major damage to the premises, can also contribute to a dispute. Obtaining independent legal advice and having your lease agreement reviewed by an experienced property lawyer can help minimise potential disputes.
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 processes that apply in your area and for your project.
Collaborating with an experienced property lawyer and other professionals when embarking on a property development is invaluable to explain legal concepts, minimise risk, and create the best structures to help you achieve your objectives.
If you need assistance, contact Aaron at [email protected] or call 03 5872 1966.