Commercial Conveyancing

We can assist with many types of commercial property transactions. We provide sophisticated, but simple-to-understand, advice to all our commercial conveyancing clients.

We help a range of clients from first time investors to experienced investors and property groups.

There are many factors that you need to consider when selling or buying commercial property.

Commercial Conveyancing Contract Drafting and Pre-Purchase Contract Advice

Pre-purchase advice will ensure the commercial property you are interested in is suitable for your purposes. You should have a complete understanding of the property as well as the contract terms and conditions.

Often commercial conveyancing is also associated with a commercial lease. As commercial property values are impacted by the lease it is important that this is carefully considered in the transaction.

It is important that Contract Terms and any Special Conditions are carefully drafted. This will ensure that you are protected or well advised of any potential issues or obligations you have.

To represent you well a lawyer should not only draft well but able to negotiate well so your special conditions are included in the contract.

Due Diligence

Due diligence by a purchaser, whether before or after signing the contract, is important if you intend to develop the property.

For larger commercial property acquisitions, it is typically a multi-step approach. There is often a due diligence period or heads of agreement.

We can help draft any documents and negotiate terms to document the commercial arrangement struck between the parties and in respect of due diligence to ensure that the contract is subject to your due diligence being satisfactory.

Is the Property subject to a Commercial Lease?

As a lease “goes with the property” advice may be required regarding the commercial lease agreement. Residential property lease agreements are usually standard agreements. However, commercial lease agreements are unique because they are negotiated between tenant and landlord and can be quite detailed.

It is critically important to understand all components of the commercial arrangement and agreements when buying a commercial property.

If you are selling a commercial property, you may need to have your tenant secured under a new lease or be looking for ways to remove the tenant. Our lease lawyers have extensive experience in drafting and negotiating commercial and retail leases.

Drafting the Contract of Sale & Section 32 Statement

We look out for any unusual conditions in the contract and if you are selling prepare thorough Contracts of Sale and Section 32s. Special conditions need to be drafted carefully and specifically according to the type of property being sold.

Having a clear understanding of the property from the outset will determine what you can and cannot do with the property. If you are considering developing the property these details are crucial.

Our commercial conveyancers can work with your accountants and other trusted advisors to understand your plans for the property special matters such as GST treatment are important considerations. These have a direct impact the return on investment for commercial property investors.

Finance

It is advisable to get your finance arrangements in place early. Often if you are financing your commercial property purchase or sale the process is more complicated. There may be additional considerations in the valuation process and if not correctly handled the valuation figure can be lower than expected. At times your lawyer will be instrumental in engaging with the valuer, broker or lender and seller or tenant. It is important to have the right representation to ensure things go smoothly especially if there is a problem.

Also, you may be refinancing other properties or cross-collateralising. This process can be longer and requires some thought and realistic time estimates. Both the seller and buyer of commercial properties may need to consider their finance structure to ensure they can settle on time.

Our Commercial Conveyancing Service

We have many years of experience as property lawyers and our conveyancing department will ensure that your sale and purchase are handled with diligence, professionalism and in a straightforward, easy-to-understand way.

We can properly advise you in relation to your obligations and rights in relation to these documents, while at the same time protecting your interests.

If an issue arises, our team are skilled in resolving disputes.

For vendors (sellers), we will prepare your Contracts and Vendors Statement quickly and comprehensively and then carry the matter through to settlement after the sale.

For purchasers (buyers), we will ensure that you are properly advised and kept up to date from the time of receipt of the Contract by us until settlement. Our clients are continually impressed by our level of care and attention.

Our conveyancing fees are very competitive simply because we have well established systems which promote efficiency in the process, and that also allows our friendly conveyancing team to provide you with the service you would expect from a law firm.

It is crucial that you get expert advice from property lawyers who are experienced in commercial conveyancing and leasing. This will go a long way to ensure a smooth ownership transfer, regardless of whether you’re buying or selling.

Contact us on 1300 907 335 to speak to a commercial property conveyancing lawyer.

WHAT IS COMMERCIAL CONVEYANCING?

Commercial conveyancing is the process by which the rights, title and interest in commercial property are transferred from one person or entity to another.

Commercial conveyancing includes the transfer of commercial real estate such as offices, factories, land for subdivision and service stations. The process involves the preparation, execution and submission of a number of lengthy legal documents.

Often commercial conveyancing requires some leasing expertise as well.

The process of conveyancing is to ensure that the property ownership is transferred according to the terms in the Contract of Sale and laws. There are quite a few steps to ensure that the contract terms are complied with and settlement occurs. We manage the process carefully for our clients and work in a pro-active manner to ensure that all parties are informed and settlement occurs on time.

Concise Legal Advice. Commercial Understanding.

Concise legal advice.

Concise legal advice.

This is the book smart part – our knowledge of the law is extensive in a wide range of matters and we understand how that affects business.

Commercial Understanding.

Commercial Understanding.

Delivering great legal advice is not just about understanding the law but also understanding the context of your business and how it will operate in the real world – this is the street smarts part. We have a strong emphasis for our team to have this commercial mindset so you get the best legal solutions.

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