Buying or selling a residential or commercial property is a significant commitment so it is important that you have the best advice. At Converge Legal, our team of conveyancing experts excel in advising on property acquisitions and disposals including structuring advice on all aspects of the sale, purchase and transfer of property, re-zoning and the management of easements along with rights of way and covenants.

 

Our experienced experts thrive on working with you and understanding and anticipating your needs. They will:

 

• Explain the issues involved in the sale or purchase of your property. If you are selling your property, we prepare the Contract of Sale and obtain all relevant title searches that need to be attached. When ready, we provide you and your real estate agent with a copy. When you’ve found a buyer, we negotiate any additional terms and finalise the Contract of Sale.

• Simplify the costs you will be charged such as the Stamp Duty

• Advise you about your Contract for Sale

• Negotiate on your behalf for special terms and conditions for the sale or purchase of your property

When people transfer property it is often between friends or as a family property transfer and is often done when someone dies, when setting up a trust fund, for tax purposes or when a property is jointly owned. As with buying and selling property, transferring property is a complicated and often costly exercise if you don’t have the help of experienced legal experts on hand.

 

Whether you're wanting to transfer property into a family trust or transfer property to a spouse in NSW, we are here to help you and can answer any questions about transferring property and processing the property transfer.

 

The transferring property conveyancing services that we offer include:

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·      Advice on your stamp duty requirements

·      Lodge necessary forms in relation to stamp duty

·      Draft documents in relation to the property title transfer

·      Speak to your lender and ensure everything is in order

·      Attend settlement

·      Lodge caveats if necessary

·      Prepare or review loan agreements if necessary

When it comes to commercial or retail leases, a lot of people don’t understand just how complex a commercial lease can be and how easily it can be fraught with potential problems. Unlike residential leases, commercial leases can have many far-reaching implications if not handled correctly.

 

In New South Wales, the Retail Leases Act 1994 has undergone some significant changes that impact on the negotiation and drafting of leases for retail businesses. Retail leases differ to commercial leases and are covered under a different set of laws. Whether you are the lessee or lessor of a retail property, it is important to seek the professional legal advice to ensure that your rights and obligations are adequately protected during the course of the lease.

 

Converge Legal’s team can assist you with:

 

• Drafting retail and commercial leases

• Review and advice on retail and commercial leases

• Negotiation of terms of retail and commercial leases

• Advice on lease dispute

• Mediation of lease dispute

 

For a landlord, this may mean ensuring that appropriate security is obtained on the lease, and that tenants are complying with their duties. For tenants, this may mean ensuring that the landlord acts responsibly about their requirements, and that the lease is adequately registered with the NSW Land Titles Office.

A subdivision solicitor will be able to undertake the necessary due diligence on the property. This will require various inspections and investigations with government and local government authorities to ascertain what is affecting the land and how that land is being affected. This investigative process is important because it can establish the basis of the possibility (or indeed impossibility) of any future development of the land, and therefore its value. Some of the matters that will need to be noted are:

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• Zoning issues – how the land can be used;

• Developments – what kind of developments require council consent, which are permissible without consent, and which are prohibited;

• The manner in which the land is affected by:

  • Pollution;

  • Bushfire plans and policies;

  • Flood plans and policies;

  • Proposed road widening plans; and 

  • Any other encumbrances.

• Easements and caveats on the land, right of ways, thoroughfares and rights of access which may affect the manner in which the land can be developed; and

• Connection to services and utilities such as:

  • Water access;

  • Gas access;

  • Electricity access; and

  • Sewerage outflow.

• The existence of any sewerage pipes or other wast drainage facilities running through the land preventing excavation or development; and

• The existence of a water tank or any similar subterranean structure which will prevent or prohibit construction and development on the land.

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When the due diligence investigations are complete, the subdivision lawyer will report to his client (i.e. the property developer) and advise him of the outcomes of all searches. When the developer decides to continue with the planned development project, the subdivision legal advice will likely contain a recommendation that a team of relevant professionals be retained for the next phase of the project. These will ordinarily be professionals who will be retained independently by the property developer in relation to:

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1. Surveyor;

2. Engineer;

3. Urban Planner ;

4. Building Designer ;

5. Architect; and

6. Consultants.