Property & Leasing
If you are looking to sell or buy real estate, call us first before you sign any contract. Contracts and conveyancing procedures differ from state to state.
We are happy to provide you with a ‘no obligation’ estimate of costs for conveyancing and you will be surprised at our competitive prices!
We also accept instructions to act as town agents for settlements on behalf of other legal firms on a frequent and regular basis.
Leases are particularly onerous documents and can have far reaching financial implications. It is false economy to try and “do it yourself”. Our lawyers are skilful negotiators and drafts people. We constantly review the law and cases as it pertains to commercial and retail shop leases.
With longstanding experience in all aspects of property law including ‘off the plan contracts’, strata-titling, subdivisions and retirement interests our lawyers will always provide the right advice.
Our lawyers advise on and prepare quality, Retail Shop Leases for both landlords and tenants.
For tenants:
The main difference between commercial leasing and retail shop leasing is the impact of the Retail Shop Leases Act 1994 (‘the Act’). The Act has significantly shifted bargaining power between the landlord and the tenant. Prior to 1994 and the Act, the landlord usually presented a lease on a “take it or leave it” basis. Now a landlord is significantly curtailed in what it can and cannot ask of the tenant.
Notwithstanding the Act’s generosity to tenants any retail shop lease must be thoroughly examined to make sure that it complies with the Act, that the landlord has not attempted to unfairly manipulate the tenant and that the lease terms and conditions still represent a fair arrangement for both parties. At Laurier Lawyers we will provide you with the right advice and ensure that the landlord complies with all of its obligations. The Act requires the landlord to deliver to the tenant a disclosure notice 7 days before the tenant becomes bound by the lease. The disclosure notice is substantive and covers the key points of the lease, especially rental and outgoings. If you are a tenant you need advice on this document.
It is imperative that you call Laurier Lawyers before you sign a lease or an agreement to lease and, significantly, before the 7 day disclosure period ends. Our lawyers will inform you of the terms and conditions of the lease and ascertain your needs both during lease and on exiting the lease. Once we have a clear picture of your needs we can negotiate with the landlord to achieve the best outcome for you.
At Laurier Lawyers we prepare quality, commercial leases without compromise for lessors and lessees at competitive prices.
For lessees:
For a business owner your lease is the backbone of your business. The sudden loss of your business premises can mean the loss of location, goodwill and perhaps your entire business. Laurier Lawyers have the experience to make sure that your lease has all the terms and conditions necessary to secure your business premises into the future. A Lessor will usually negotiate hard to make sure all terms of the lease are in its favour. At Laurier Lawyers we make sure that your rights as lessee are also protected.
Importantly, at the outset, we will thoroughly discuss with you all your financial liabilities so you are well prepared and informed. By way of example we ensure that the lease contains a provision which requires that the lessor must inform you well ahead of the date your option is to be renewed of the proposed market rent for the new extended term of the lease. This allows you to determine the future viability of your business before having to commit to a further 3 or 5 year term.
Negotiating a lease can involve the obvious, like how long the term is, to a detailed analysis of the calculation of the area of the lease. Laurier Lawyers can take you through a 45 page lease, step by step, to explain the difference between a standard, usual term and a serious pitfall which could seriously compromise your ability to carry on trading.
For most of us buying into a retirement village will be our last significant investment. Although you may have bought a number of homes during your lives the purchase of a retirement village unit is whole new transaction with unfamiliar concepts such as “licence to occupy”, “long term lease” or “exit entitlement”.
Retirement Village Agreements are by their nature long and detailed as they attempt to regulate the rights of owners as against the village operator in a fair and balanced way. It is important that you seek out legal advice promptly from Laurier Lawyers so that you properly understand the nature of what you are signing and the rights and obligations that you will have. You should be concerned with both the standard of care you receive during your stay and what happens financially when you leave the village. For example, how much money you or your estate receives and what happens if the unit cannot be sold quickly.
Our lawyers will explain the agreement and advise on the relevant provisions of the Retirement Villages Act 1999 carefully making sure that you can enter this new phase of life with confidence and peace of mind.
Our lawyers can act on your behalf in an advisory capacity or in respect of the purchase or sale of your interest in the Retirement Village.
Our lawyers practice in a wide variety of property law matters.
Property law issues can also come about from other areas of legal practice such as a family law property settlements or wills and estates.
If subdivision cannot take place for reason of town planning regulations, a boundary realignment may be the manner in which to resolve the problem.
Amongst other property law services our lawyers can:
• draft loan agreements
• draft and lodge easements
• draft and lodge mortgages
• arrange and lodge boundary realignments
• arrange and lodge subdivisions
• record change of tenure on titles
• strata title duplexes and other unit complexes
• arrange for replacement certificate of titles
• create or sever joint tenancies