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Property Law2020-09-20T20:42:17+10:00

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Retail leases

Retail leasing is a complex and ever-changing area of law. Our property lawyers have experience in drafting and negotiating retail leases and enforcing retail leases based on legislation and case law.
What we can assist you with:

  • Drafting and reviewing retail leases
  • Negotiation for the terms of the lease including rent and renewal options
  • Preparing disclosure statements
  • Mediation in disputes

Commercial leases

Whether you are a landlord or tenant we can assist you to make sure the commercial terms of your lease are suitable and for the intended purpose and that you are protected.

Typical terms and conditions include:

  • the period of the lease and options for renewal
  • outgoings such as rent, rates and upkeep of the property
  • responsibilities for maintenance and repairs
  • restrictions on subleasing by the tenant
  • rent review mechanisms such as CPI increases and fixed percentage increases
  • circumstances in which the landlord may access the premises
  • tenant rights to carry out works on the premises to suit the business requirements
  • the process for dealing breaches to the agreement and grounds for termination
  • insurance and indemnity requirements
  • bank guarantees and security deposits.

Property development involves the purchase and development of real estate, either residential or commercial, with the aim of increasing its value. Whether you are a property developer, builder or investor is critical that you engage a law firm with that understands your projects and commercial objectives to help you succeed.
We have a detailed understanding of the industry and expertise in residential, mixed use, office and land subdivisions. We work with a range of small to large property developers and builders in Victoria.

What we can assist you with:

  • commercial and retail leases and licences
  • commercial, industrial and retail property acquisitions and sales
  • strategic property advice
  • structuring property transactions
  • planning and environment restrictions as they affect real property
  • property management and risk management

Our conveyancers passionate about what they do and understand that purchasing a property is one of the biggest decisions we make in our lives. They also understand that this can often be an emotional time and will guide you through the conveyancing process to ensure everything runs smoothly.

The Conveyancing process for the Vendor

We understand that the objective of our Vendor clients is an on-time settlement without complications.

Below are the key steps:

  1. Pre-Sale
    Before a property can be sold the Sale of Land Act requires a vendor to provide a Section 32 Vendor Statement to the prospective purchaser. We will prepare this document on your behalf on the basis of information you provide to us and the information we obtain from the Land Titles Office. We will also prepare the Contract of Sale of Real Estate and insert any special conditions required by to protect your interests.
  2. Negotiation and Exchange of Contracts
    Once a prospective purchaser submits an offer, we assist in negotiating amendments to the sale documents and ensure proper execution of the Contract of Sale. While it is common for estate agents and conveyancers to involve themselves in the contract exchange, problems often arise when there are undisclosed issues with the property or when a lender refuses financing. As lawyer we can deal with any legal or contractual disputes.
  3. Settlement
    We will prepare and serve a Section 27 notice to the purchaser for and early release the deposit (if possible). If there is a mortgage over the property, we will make arrangements with your bank to have the balance of your loan repaid and the mortgage over the property discharged. We will then review and approve the statement of adjustments and arrange settlement on PEXA.
  4. Post settlement
    After settlement we transfer the balance of funds into your nominated account and advise the relevant authorities that you no longer own the property so that all future notices are send to the new owner.

The Conveyancing process for the Purchaser

We understand that the objective of our Purchaser clients is a successful settlement without delays and complications.

Below are the key steps:

  1. Pre-Sale
    When you have found a property, we can prepare a pre-purchase report along with a review of the Contract of Sale and Section 32 Vendor Statement to advice you of any risks of concerns that we identify with the property.
  2. Negotiation and Exchange of Contracts
    We will assist you in negotiating any amendments to the sale documents and ensure proper execution of the Contract of Sale
  3. Settlement
    We will arrange for the execution of the Contract of Sale, payment of the deposit and order the necessary property searches to prepare the statement of adjustments. On the settlement day we will have a final search and hand over the balance of the purchase funds and receive in return the registrable documents from the Vendor’s representatives.
  4. Post settlement
    After settlement we will advise the relevant authorities that you are the new owner of the property.

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