Property Lawyers | Greyson Legal

Property law can be a complex legal area due the various transactional processes involved and the different legislation and regulations that apply. It is important to ensure you obtain legal advice and assistance from solicitors familiar with property law. The Principal has been practicing in the field of property law for nearly 20 years.

Greyson Legal's property lawyers can assist with:

  • Residential conveyancing - house and land purchases and sales
  • Residential conveyancing - strata-title purchases and sales (units, villas, duplexes and townhouses)
  • Off-the-plan acquisitions and sales 
  • Commercial and industrial property purchases and sales
  • Retail, commercial and industrial leasing
  • Retirement Villages 
  • Manufactured Homes
  • Tenancy Advice
  • Land resumption by Government authorities
  • Put and Call options
  • Easements and caveat advice
  • Building covenants

You can be confident that your property matter will be handled by an experienced lawyer, not a clerk or paralegal.

We offer a range of fixed cost conveyancing services

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What We Do

Buying House & Land Residential Property

Looking to buyer a house or block of land ? Greyson Legal's property lawyers can help you. The scope of our standard conveyance purchase legal service includes:

  • Providing preliminary review and advice on the terms and conditions of the Contract
  • Checking the Contract meets statutory and regulatory requirements, such as under the Property Occupations Act Qld 2014
  • Checking the Contract for correctness, such as:- title description, property address, Seller & Buyer details, deposit and purchase price, checking the Contract is properly executed by the Buyer and Seller
  • Inform you of key dates under the Contract, such as:- cooling off periods, finance and building & pest approval dates, etc 
  • Conducting property and related searches (as per your instructions)
  • Preparing prescribed property transfer documents
  • Calculating stamp duty and advising you of your duty obligations
  • Calculating adjustments of Council rates, Water rates and any other outgoings
  • Liaising with the Seller's solicitor and your financier
  • Obtaining ATO Clearance Certificate (if required)
  • Coordinating provision of Pool Safety Certificate (if applicable)
  • Following up on each party's obligations to meet Contract conditions
  • Liaising with you in regards to any tenancy agreements (if applicable)
  • Informing you of any property encumbrances noted in the Contract, identified by search or disclosed by the Seller
  • Arranging and attending settlement on your behalf
  • Providing general guidance about the conveyance process
  • Carrying out necessary post-settlement tasks
Where required, we can also assist with:
  • Negotiations on your behalf to include appropriate special conditions within the Contract
  • Drafting necessary special conditions
  • Coordinating extensions of time in respect of Contract condition fulfilment
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Buying Strata-Titled Residential Property

Properties such as residential units, villas, duplexes and townhouses are typically part of a strata plan or community titles scheme. In Queensland, these are regulated through a variety of legislation, principally the Body Corporate and Community Management Act Qld 1997. There are a number of unique considerations to take into account when purchasing these types of properties.

Greyson Legal's property lawyers undertake the following legal services related to strata-title purchases:

  • Providing preliminary review and advice on the terms and conditions of the Contract
  • Checking the Contract meets statutory and regulatory requirements, such as under the Body Corporate and Community Management Act Qld 1997
  • Reviewing the Body Corporate Disclosure Statement and advise you
  • Checking the Contract for correctness, such as:- title description, property address, Seller & Buyer details, deposit and purchase price, checking the Contract is properly executed by the Buyer and Seller
  • Informing you of key dates under the Contract, such as:- cooling off periods, finance and building & pest approval dates, etc 
  • Conducting property searches, such as, body corporate records, etc
  • Checking which areas are exclusive use or common property
  • Identifying and informing you about body corporate levies
  • Identifying and informing you about By-Laws
  • Comment on Caretaking and Letting Agreements (as applicable)
  • Preparing property transfer documents
  • Calculating stamp duty and advising you of your duty obligations
  • Calculating adjustments of Council rates, Water rates, Body Corporate levies and any other outgoings
  • Liaising with the Seller's solicitor and your financier
  • Obtaining ATO Clearance Certificate (if required)
  • Following up on each party's obligations to meet Contract conditions
  • Liaising with you in regards to any tenancy agreements (if applicable)
  • Informing you of any property encumbrances noted in the Contract, identified by search or disclosed by the Seller
  • Lodging Priority Notice with the Land Titles Office (if required)
  • Arranging and attending settlement on your behalf, including:- coordinating cheques, mortgage releases, transfer form and other documents (as required)
  • Providing general guidance about the conveyance process
  • Carrying out necessary post-settlement tasks, such as, notifying the Body Corporate Manager of change of ownership 
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Off-the-Plan ResidentialProperty Acquisitions

Off-the-plan property purchases entail the acquisition of property which has not been formally registered with the Land Titles Office at the time the Contract is signed. There are particular issues and risks that need to be addressed and appropriate legal advice should be sought before signing any Contract. Typically, at time of entry into the Contract:  

  • The Buyer is restricted in what physical inspections can be undertaken  of the property 
  • Surveys identifying the boundaries and area of the lot may not have been finalised
  • Construction work may not have commenced or only partly completed
  • Buyers need to rely on information and plans disclosed by the Seller before the Contract is signed

Other matters to take into account inckude:

  • The Seller (or Buyer) may have a right to terminate the Contract if the building works are not completed and the property registered prior to a stated sunset date
  • There can be scope for the development to be altered in ways that the Buyer has no control over
  • There maybe a degree of variability to the purchase price 

Because of these and other factors, making sure you understand your rights and obligations before signing an off-the-plan Contract is crucial.  

Commercial and industrial property purchases and sales

Although there is some overlap between commercial-industrial property and  residential property, such that aspects of our legal services related to residential conveyancing are also undertaken when dealing with commercial and industrial property,  there are also a number of unique differences.

At Greyson Legal, as part of our commercial property legal services (subject to your instructions and the nature of the property) we can also assist you with:

  • Due diligence investigations
  • Checking and advising you regarding leases in connection with the property and obtaining copies of leases 
  • Assisting you to check the present use and zoning of the property
  • Checking the GST provisions in the Contract are completed and GST treatment is correct
  • Checking whether the property is on the environmental management register or contaminated land register
  • Checking if the property complies with building codes, town planning, and current certificates of classification
  • Checking if there are any easements or other encumbrances affecting the property
  • Ascertaining if asbestos exists in the property or if there is a current Asbestos Management Plan
  • Assisting you with matters relevant to the property transaction

Retail, commercial and industrial leasing

At Greyson Legal we have experience dealing with lease issues, whether it relates to leasing of business premises, Franchise leasing or general commercial and industrial leases.

As leasing lawyers we advise and assist across:
  • Lease reviews and advice
  • Lease drafting
  • Offers to Lease
  • Agreements for Lease
  • Retail and non-retail Leases
  • Fitout Deeds
  • Deeds of Surrender
  • Occupancy Licenses
  • Seating Licenses
  • Incentive Deeds
  • Car park Licenses
  • Deeds of Assignment
  • Lessor’s Consent Deeds
  • Requirement for mortgagee’s consent
  • Registering leases or altering dealings in the Land Titles Office
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Contact

 Tel: 1300 667 362 | Fax: 07 3910 1102
E: info@greysonlegal.com.au
Member of Queensland Law Society