Clear legal advice before you
buy, sell or sign.

Before signing or bidding wherever possible. A review can identify conditions, disclosures and transaction risks that may affect your decision or require further advice.

It is information a seller may need to provide to a buyer before signing. The document and disclosure requirements differ between states and territories, so the contract and relevant disclosure material should be reviewed together.

The contract should ideally be reviewed before auction day because auction contracts are generally unconditional once the property is purchased. Send the contract and auction date with your enquiry.

Yes we are experts in SMSF, Family Trusts (discretionary trusts), Unit Trusts and other trust structures and can assist you with the backing of a commercial law specialist.

Timing depends on the document, transaction and current workload. Include your signing or auction deadline when submitting the contract so the team can assess urgency.

Fees depend on the property and the transaction, so we provide a confirmed fixed scope and fee in writing before any work begins. There is no cost to send a contract or request a quote, and no obligation to proceed.

Cooling-off periods and exceptions differ between states and territories, and auction purchases may be treated differently. Check the contract and obtain advice for the property location before signing.

Before settlement the team reviews the title and any encumbrances, confirms adjustments for rates and outgoings, prepares and verifies settlement figures, and coordinates the date and requirements with the other party. You are kept informed as the matter reaches completion.

Off-the-plan contracts can be longer and more complex, with disclosure, sunset dates and variation clauses that benefit from legal review before you sign. Send the contract and any deadline with your enquiry.

A caveat is a notice lodged against a property title to protect an interest in that land, such as a purchaser under contract, a lender or a person with a claim over the property. While a caveat is in place it can stop the title being dealt with until the interest is resolved or the caveat is withdrawn or removed. The process differs between states and territories, so talk to us about your situation.

A trust can help with asset protection, flexibility in how income and capital are distributed, estate planning and, in some cases, tax outcomes. Whether a trust suits you depends on your circumstances, the type of trust and the property involved, and stamp duty and land tax can apply differently to trust holdings. We can explain the options and work alongside your accountant.

Sellers have disclosure obligations that depend on the state or territory. These typically include title details, easements, covenants and other restrictions, encumbrances, rates and other outgoings, and known defects or notices affecting the property. A properly prepared contract and the required disclosure documents reduce the risk of a buyer later raising a claim or ending the contract.

A transfer between related parties, such as spouses, family members, or a company or trust you control, still needs a properly prepared transfer and careful thought about stamp duty, capital gains tax and any mortgage. Concessions or exemptions may apply in some situations, and the rules vary by state. We prepare the documents, deal with the lender and lodge the transfer for you.

Your will can leave a property to named beneficiaries, place it in a testamentary trust, or direct that it be sold and the proceeds shared. How the property is owned matters, because jointly held property may pass automatically to the surviving owner outside the will. We can review the ownership and work with you or your estate planner so your wishes are carried out.

GST can apply to the sale or lease of commercial property, depending on whether it is a going concern, a new commercial building, or sold by a seller registered for GST. Rules such as the margin scheme and the going concern exemption can change the amount payable. The contract needs to state the GST treatment clearly, so get advice before you sign.

When a leased property is sold, the lease generally continues and the buyer steps into the landlord’s role, subject to the lease terms and the contract. The contract should disclose the lease, the rent, the bond and any options to renew, and the buyer should check these before signing. We review the lease and arrange the handover of rent and bond at settlement.

A lease gives a tenant exclusive possession of the property for a set term and creates an interest in land. A licence is a personal permission to use the property without exclusive possession, and it is generally easier to end. The label in the document does not decide which applies, the substance of the arrangement does, so have it reviewed before it is signed.

An SMSF can buy property if the trust deed and investment strategy allow it and the purchase meets the sole purpose test. If the fund borrows, the property is held by a separate bare trustee and the loan must be a limited recourse loan. The contract, deposit and finance need to be in the right name before you sign. We coordinate the contract, the bare trust documents and settlement with the fund’s advisers.