Property

Although it seems quite straightforward, property law can be complex and conveyancing has to consider issues such as contract terms and conditions, mortgages, covenants, easements, caveats, the type of property title, the type of tenancy, local council regulations and zoning to name just a few.

Our Principal, Michael Adamson, is a Property Law Accredited Specialist. Frigo Adamson Legal Group provides the best possible service for all your property requirements. If you have any questions please call 07 56 619 719. Or book an appointment below.

  • Conveyancing – residential, commercial, industrial.
  • Leasing – retail and commercial.
  • Development law – land subdivisions and multi-unit.
  • Building and Construction.
  • Body Corporate law.
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Frigo Adamson property

It is essential you have the help of an experienced lawyer who can guide you through the complex process and ensure your legal rights are protected every step of the way.

We can assist you with:

  • Residential and commercial sales and purchases.
  • Strata, rural and vacant land sales and purchases.
  • Auction purchases and sales.
  • Off the plan purchases.
  • Advice for your Contract.
  • Advice in regard to building contracts.
  • Negotiating terms and conditions for the sale or purchase of property.
  • Information about the costs involved (including stamp duty).
  • Retail and commercial leasing.
  • First home owners, including assistance with First Home Owners Grant.
  • Property developments.
  • The legal requirements for property subdivisions.

Helpful Information

What Is Conveyancing?

Conveyancing is the area of property law that deals with the transfer of real estate between sellers and buyers. Although it seems quite straightforward, property law can be quite complex and conveyancing has to consider issues such as contract terms and conditions, mortgages, covenants, easements, caveats, the type of property title, the type of tenancy, local council regulations and zoning to name just a few.

Generally the process begins with the drawing up of a Contract for Sale. The Contract will include things such as:

  • The street address and legal property title details.
  • The length of time between signing and completion of the contract.
  • What’s included or specifically excluded from the sale.
  • Special conditions specific to this particular property.

Then

  • The purchaser needs to get legal advice, review the contract, arrange inspections and start making loan arrangements before anything is signed.
  • The contract is signed by both parties, and may be immediately binding, depending on the circumstances of the sale. You may however, have a cooling off period available, or be able to withdraw from the contract under certain conditions, so it’s important that you know the exact terms and conditions written into the contract.
  • There is a set length of time between the contract becoming binding and the contract being settled or completed. In this time the purchaser of the property has a lot to do including conducting various checks on the property, paying stamp duty, organising insurance and getting any loan arrangements in order, and the seller of the property should be making arrangements with their bank to have any mortgage discharged as well as making plans to move.
  • Before settlement, adjustments to the purchase price are agreed upon between the parties to cover council and water rates as well as other costs which may be allowed for in the contract.
  • On the day of settlement everything has to be in place. The purchaser or the incoming mortgagee has to show up with the funds, and the seller or outgoing mortgagee has to turn up with the property title and the document/s needed to release the mortgage. Everything is handed over including the keys and the property is considered settled.
  • After settlement the new owner needs to be registered as the owner on the title, and various government bodies need to be informed of the change in ownership.

What is a Commercial Lease?

What is a Commercial Lease?

A business property lease or commercial lease is a legally binding contract between a business owner and the owner of the real estate property.

These documents are a good deal more complicated than residential leases, because the lease is usually heavily customised to the individual situation. The lease terms and conditions need to be very carefully read to make sure that they match the needs of your business, as any mistakes at the beginning could make or break your new business.

Can I negotiate the terms?

Yes, lease terms are often negotiable. The specific terms or restrictions which may be up for negotiation include the rent amount, rent increases, the duration of the lease, the modifications you can make to the property and whether you can transfer or assign the lease.

What else should I look for?

This is hard to answer without knowing your specific situation and your business requirements. Some of the common things we find we need to discuss with clients include:

  • If you’re a new business, check that the length of the lease suits you, as many landlords prefer to lock in a longer lease.
  • There are several ways to calculate rental increases so make sure you understand and agree to the one chosen by your lessor.
  • Read the section on property improvements very carefully as it should set out who can make changes, who pays for the modifications and whether you have to return the property to it’s original condition at the end of the lease.
  • Make sure the lease includes all of the areas you expect to use including bathrooms, parking areas and common areas.
  • Be careful that the lease doesn’t stop you from erecting signs in certain areas.

Please seek legal advice before you make any commitments, including signing an offer, paying a deposit or moving anything you own into the property.

What if I am in a dispute with my landlord?

First, find your lease documents and read them carefully, making sure that you completely understand the legal terms and conditions.

Secondly, make sure you understand your legal rights and responsibilities and those of your landlord.

Then consider the options, which include negotiation, mediation, and court action.

Contact us to for legal advice specific to your business lease agreement from an experienced lease lawyer in Gold Coast.

As buying property is one of the biggest financial decisions you will make it’s important that you get expert advice. Legal expertise and diligence is well worth the cost.

Contact us to find out more or to arrange a consultation with an experienced conveyancer in Gold Coast.