Buying or selling a property is likely one of the biggest and most important financial decisions you will make. We are experienced conveyancing and property lawyers in Adelaide, committed to ensuring that your property experience is as seamless and stress-free as possible – from start to finish. Our property lawyers undertake a range of conveyancing, commercial and property transactions including:

• Residential sales and purchases
• Contract review and Form 1s
• Commercial conveyancing
• Commercial leasing
• Family transfers (husband and wife/de facto transfers)
• Change of name and interests in property
• Transmission Applications / Applications to Register Death
• Land and community subdivisions
• Business sales and purchases
• Partnership agreements
• Mortgages, loan agreements and vendor finance
• Caveats

Buying and selling residential property

A conveyancing transaction concerns the transfer of legal title in property from one party to another. This is often seen as a ‘routine’ process, however there are many considerations. Signing a contract to buy or sell property creates binding legal obligations and the penalties for default on a contract can be significant.

If you are buying property, it is important to understand the legal implications before entering a contract and that you have all the information necessary to ensure that the investment is right for you. Although the law requires a vendor to disclose certain information when selling residential property, there are various matters that are your own responsibility to research. We can review your contract and recommend any due diligence searches and enquiries that should be undertaken to help protect your interests. Our Adelaide property lawyers will also explain your rights and obligations under the contract, including any cooling-off rights.

Selling your property may not necessarily come about from a desire to upsize and we understand that this can be a stressful time. There is a lot to consider – from preparing a compliant contract that includes any prescribed documentation but is also tailored to your circumstances; negotiating with proposed buyers; liaising with your lender to discharge any mortgage over the property; to settling your sale on the nominated completion date.

Whether you are buying or selling property, we can handle all aspects of your conveyancing transaction to ensure your rights are protected, your decisions are informed and there are no last-minute surprises or concerns.

Completing your property transaction using e-conveyancing

As most matters in South Australia are now conducted digitally, we can service our clients state-wide, hassle free, and at competitive rates. We conduct numerous conveyancing and property related matters for a range of clients and are conversant with all aspects of e-conveyancing.

What is e-conveyancing? Traditionally, property settlements involved the physical meeting of lawyers and bankers to check and swap documents and bank cheques. Documents were then lodged with government authorities to transfer the title and change ownership details of the property.

E-conveyancing has transformed this process through an electronic platform which enables lawyers, conveyancers, and financial institutions to transact online. Online settlements remove the location and time barriers of physical settlements and provide faster access to sales funds. Each stage of a transaction can be visually tracked, and documents lodged online with land registries.

Commercial and retail leasing

A commercial lease governs the relationship between a landlord and tenant regarding the tenant’s right to occupy premises owned by the landlord.

Commercial leasing disputes usually arise because of poorly drafted, ambiguous, or non-existent lease agreements, and/or the failure of the parties to properly understand their obligations under the lease. Landlords and tenants should obtain legal advice to ensure their negotiations are properly reflected in a formal lease agreement, and the provisions comply with any specific legislation such as retail leasing laws.

Retail leases are commercial leases regulated by legislation which typically applies to premises within shopping centres or that are used wholly or predominantly for conducting a retail business. Retail leasing legislation aims to enhance consumer protection by stipulating specific terms that must be included in a lease and prohibiting certain provisions deemed unreasonable for a tenant. The legislation also imposes disclosure obligations upon a landlord, and it is important for the landlord to comply with these in the lease agreement and during negotiations.

Subdivisions

A subdivision involves the partition of land into smaller parcels that are then registered as separate titles which can be individually sold and transferred. Subdivisions may range from the division of a single lot into two, to the creation of numerous lots in a large residential or strata development.

Land subdivision is governed by legislation, regulations, and planning instruments administered by local councils and other government bodies. The interplay of the various laws is complex, and it is important to understand the correct processes involved in developing property to achieve a project’s objectives and minimise costly mistakes.

Collaborating with an experienced property lawyer and other professionals to check off due diligence matters, liaise with authorities, and to prepare documents and explain titling and legal concepts is invaluable throughout this process.

Buying or selling a business

Negotiations for the sale or purchase of a business should be formalised in a written agreement, and each party independently advised. In many cases, we also recommend getting financial advice from your accountant. Your professional team can help structure the transaction to provide an optimum outcome and to protect your interests. Considerations when buying/selling a business include:

• the breakdown of the purchase price, taking into account the apportionment of goodwill, stock, plant, equipment, and inventory
• the treatment of Goods and Services Tax (GST) and other taxation implications arising from the transaction
• reviewing contracts that form part of the business operations, for example, commercial leases and service agreements, and how they will be transferred to the new owner
• provisions for the transfer of intellectual property such as business names, trademarks, domain names
• arrangements for any existing employees – transfers, offers, redundancies, and calculation of leave and other entitlements
• restraint of trade provisions, confidentiality concerns, training periods
• representations and warranties

Speak to Our Adelaide Property Lawyers Today

As a boutique law firm, we are well-resourced to handle all your conveyancing needs and a range of other property-related and commercial matters. Our Adelaide property lawyers use state-of-the-art technology and software to ensure that you are kept informed throughout your entire transaction.

If you need assistance, contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.