LEASING
Leases are important documents that govern the relationship between the landlord and tenant. The lease document will outline the rights and duties of each party to the contract such as:
- How much rent will be and how often it will be paid
- How often rent will be increased and using which method
- Termination clauses
- Breaches of contract and correlating penalties
- Maintenance, repair and upkeep of the premises
A retail lease is a type of commercial lease but there are significant differences between the two. Each type of lease carries with it different obligations and rights that are important for the tenant and landlord to be aware of. Each type of lease also applies to different types of premises. They are governed by different laws and parties under each lease have differing powers. Both types of leases can be registered as an interest on the landlord’s title.
Determining which type of lease will apply to your business or property is contingent on a number of factors including but not limited to:
- Location of the premises
- The primary use of the premises
- The size of the premises
- The length of the lease
At 360 Legal, whether you are a landlord or tenant, we will manage the negotiation, drafting and review of the lease with the aim of protecting your best interests. Our team of experienced solicitors are commercially minded and will bring a wealth of business knowledge into the transaction.
BUYING PROPERTY
When buying a property, we will need to transfer the legal title of the property from the vendor to you. This is called the settlement or conveyancing process and involves a number of requirements that need to be satisfied. At 360 Legal, our team of experienced Conveyancers and Solicitors will represent your interests during this process and will advise you on any pitfalls or risks that you need to be aware of at every step.
Our services will ensure you are looked after from start to finish. Some of the things you can expect from us during this process include but are not limited to:
● Negotiating the contract of sale, and deal with issues such as land tax adjustments or removing problematic special conditions
● Conducting searches to reveal any government claims on the property
● Checking the certificate of title for any encumbrances or third-party claims
● Calculating outstanding liabilities such as council or water rates
● Liaising with the Vendor’s Solicitor and financiers to ensure successful completion of contract
We will work closely with you to help you understand and manage your responsibilities during the entire process. Such responsibilities include organising finance, making an offer on the property, and pre-purchase pest/ building inspections.
At every stage, we will advise you on the potential legal risks associated with the transaction and manage your best interests. Our stream-lined service will ensure your conveyancing experience will be seamless and as stress-free as possible.
SELLING PROPERTY
When selling a property, it is important to have a contract that complies with the necessary laws and regulations in New South Wales before you can begin advertising the property to potential buyers. At 360 Legal, we prepare your contract with all the essential requirements, advise you at every step of your home-selling journey and protect your best interests.
Our team of experienced Conveyancers and Solicitors will manage all the moving parts of the sale by:
- Preparing your contract of sale with all the necessary provisions and special conditions that reflect your unique circumstances
- Negotiating with the Purchaser’s Solicitor regarding any changes, exclusions or additions to the contract
- Calculating any outstanding rates such as council or water
- Advising you on any outstanding obligations you might have
- Liaising with all parties to ensure successful completion such as the discharge of mortgage
- Responding to requisitions on title
Each stage of the conveyancing process carries its own risks and potential consequences. At 360 Legal we walk you through each step in a detail-oriented and tailored manner to ensure you achieve the best possible outcome.
PROPERTY DEVELOPMENT AND SUBDIVISION
During the property development process, there can be a number of simultaneously moving parts that need to be carefully considered. At the core of any development, there are a number of laws, regulations and codes you will need to adhere to. These include but are not limited to various environmental and council standards.
At 360 Legal, we are extensively experienced in the Development Application process and understand the complex nature of property development compliance. We can help you with a number of areas in the development process including but not limited to:
- Planning approvals
- Agreements with third parties such as landowners or builders
- Advising on exempt development classifications
- Development leases
- Subdivisions
Subdividing land involves dividing a piece of land into two or more lots. It is usually an integral part of property development and demands a rigorous process of approval:
- Preparing and lodging Development Application
- Preparing Statement of Environmental Effects
- Establishment of easements and right of ways
- Deposited Plan preparation
- Registration of new subdivided lots
- Advice on exempt development
Our team will guide you through the development cycle from start to finish to ensure complete compliance with relevant legal instruments.