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Property Law and Conveyancing

Our team provides comprehensive legal guidance in many areas of property law and conveyancing.

Property Law & Conveyancing

There’s no doubt about it. Buying or selling a home is one of the most stressful experiences anyone can have. For business owners, selling, leasing or buying the perfect commercial space can taxing. While the stress doesn’t end once you’ve purchased or leased the “perfect” home, office or shop, our lawyers can help reduce your anxiety by providing comprehensive legal guidance in many areas of property law and conveyancing.

Specifically, our lawyers can provide assistance with traditional residential and off-the-plan purchases and sales; commercial and business-related purchases and sales; commercial and residential leasing; legal issues related to body corporate and title law; mortgages and securities; foreign investments and acquisitions; and property development and planning. For more information about how we can help you, see the following practice areas:

Residential purchases and sales

After five consecutive years in which home prices soared in many urban centres, regulatory intervention prompted the market to normalise in 2017.  While no one can say exactly what will happen in the long term, real estate experts have already made their predictions for 2018. These include rising mortgage rates, declining home prices, a resurgence in the number of first-time homebuyers and better interest rates for owner-occupiers.

Whether you’re a first-time buyer looking to get a good deal or a seller trying to unload your current home before prices drop even more, it is important to consult a lawyer for help with the key aspects of the transaction. For guidance regarding the contract of sale and related matters, call us to schedule an appointment today.

Off the plan purchases and sales

Buying “off the plan” is the term used for purchasing a home that hasn’t been built or completed. In these transactions, the buyer is purchasing the dwelling based on blueprints presented by a developer. Because there is a certain amount of risk associated with these types of deals, it is essential to seek proper legal advice before you pursue this option.

If you ’re buying an off the plan property, you can contact our lawyers regarding all aspects of these transactions, including the contract. Before you sign anything, we’ll review the agreement to verify that it includes all of the relevant provisions pertaining to plan disclosure, a “cooling off” period, the deposit, inclusions and warranties, financing, applicable taxes, defects and completion.

Commercial and business-related purchases and sales

Buying or selling a home is one thing. Buying or selling commercial property such as retail or office space, or other premises for business purposes is something else altogether. Two of the biggest differences are that buyers must make greater investments in the purchase and that the overall process takes longer.

However, there are also some similarities. Just as in the residential market, where many buyers will purchase homes as investments to rent, some people buy commercial properties for the same purpose. If you’re interested in this type of business activity, it’s essential to have an experienced lawyer help you evaluate risks and benefits, and address any legal concerns associated with the transaction.

Body corporate and community title related issues

A body corporate in Queensland has numerous functions, including:

  • Managing and controlling common property within the community
  • Determining how much individual owners should contribute to its operating expenses
  • Making and enforcing rules for the community

This type of legal entity is created whenever land is subdivided and registered in order to establish a community title scheme in accordance with the Land Title Act of 1994.  Once a community title scheme, such as a duplex, residential unit block, townhouse complex, high rise accommodation building, shopping complex or business park is created, anyone who buys into it automatically becomes a member of the body corporate.

Inclusion and participation in the group are not optional. All members have certain rights and responsibilities, and there are prescribed methods for resolution of any disagreements that might surface. For more information about the legal ramifications associated with living in this type of community, contact us today.

Mortgages and securities

A mortgage is the legal instrument that gives a lender the right to confiscate “land and goods” if the borrower fails to make required payments. Laws pertaining to unfair mortgages are set forth in the National Credit Code. However, not all mortgages are covered under the code. However, if you think your lender has violated these laws, or you have questions or concerns about other aspects of a mortgage, schedule a consultation with one of our lawyers today.

Foreign investment and acquisition

Navigating Australian law pertaining to foreign acquisition of property in Australia for investment purposes is virtually impossible for someone without legal expertise. Our lawyers will ensure that you are fully informed about what you can and cannot do regarding the purchase of new homes and available land; existing homes; and obtaining permission for a future purchase.

Property development and planning

If you’re making significant changes to existing property or buildings, you will almost certainly need to file an application for development. The same holds true if you’re building from scratch. To do so, you’ll have to be familiar with applicable planning and zoning laws – or consult someone who is. Contact us for assistance with your property development and planning needs today.

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Phone: (07) 3878 8801
Fax: (07) 3229 0636

Level 1, 2071 Moggill Road, Kenmore Qld 4069

Email: reception@kenmorelawyers.com.au

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