Whether you are buying or selling a home, unit, vacant block of land, or a piece of commercial real estate, our Sydney and North Shore property lawyers are specialists and are ready to guide you through the conveyancing process when buying or selling a property in NSW.
Buying and selling a property is no simple task, and in most cases is the biggest investment an individual will make in their lifetime. It pays to have a competent and reliable property lawyer to handle all your property conveyancing in NSW, or throughout Australia.
Our property law and conveyancing services
Some of the common property law and conveyancing services we provide include:
- Legal advice in regard to real estate contract law or disputes with your real estate agent;
- Drafting and reviewing a Contract for the Sale and Purchase of Land and advising on statutory warranties, contract conditions and special conditions;
- Reviewing and preparing Auction Contracts, and advising clients of their rights and responsibilities at an Auction;
- Drafting and reviewing off-the-plan contracts, including the preparation of master contracts, schedules of finishes, and various other plans;
- Cost appraisal including stamp duty, GST and disbursements such as searches and registration fees;
- Advising on tax considerations and asset protection including capital gains tax, and sales or purchases by companies, self-managed superannuation funds, family and discretionary trusts and deceased estates;
- Advising on different types of property titles, including Torrens, old system, qualified, limited, strata, community, crown or leasehold title;
- Advising on whether to hold the property as tenants in common, or joint tenants;
- Advising on the different types of interests in a property including estates in fee simple, life estates, estates in remainder, or leasehold estates;
- Preparing Section 66W Certificates, the cooling off period and deposits;
- Drafting and reviewing Put and Call Options;
- Drafting and reviewing Retirement Village purchases, leases and service contracts;
- Advising on disputes between co-owners of property, and providing dispute resolution services.
- Acting in commercial property transactions, including commercial leases;
- Disputes over building contracts, owner builder issues and the Home Building Act 1989;
- Liaison with financial institutions in regard to deposit bonds, loans, mortgages and discharges of mortgages;
- Execution of contracts, exchange and settlement;
- Adjustments to the purchase price in regard to rates and allowances;
- Advice for first home buyers including the First Home Owner Grant or First Home Buyers Assistance Scheme;
- Preparing Powers of Attorney and registering with the Land Titles Office;
- Advice in regard to easements and covenants on title searches
Conveyancer or Property Lawyer? What is the difference?
We are often asked what is the difference between a conveyancer and a property lawyer in Sydney.
Generally speaking, conveyancers have detailed knowledge in one area of law, being transactional property law. On the other hand, property lawyers have specific knowledge about conveyancing and transactional property law, but also a detailed knowledge of the law in general. This places lawyers in a better position to advise our clients on not only all aspects of the conveyance (transfer of property), but also any other legal issues that may arise out of the sale or purchase of a property. Some common issues or additional advice we can provide or procure for our clients, when requested, include disputes over the valid rescission or termination of a contract, tax implications when selling a property (sought from a professional financial advisor), the effect that Bankruptcy could have on a person’s property, or any other Family Law or Succession Act issues that may arise when selling or purchasing a property in NSW.
In NSW, the following Acts and Regulations apply to NSW property transactions (although there are many others):
- Real Property Act 1900
- Conveyancing Act 1919
- Property (Relationships) Act 1984
- Environmental Planning and Assessment Act 1979.