Property & Conveyancing
At RJI Legal, we understand property law encompasses more than just conveyancing. It covers all legal rights, powers, and duties related to property, from real estate transactions to property disputes. We are experienced property lawyers dedicated to making the process of buying or selling a home easy for you. We know that it can be a daunting experience, but we’re here to provide the best possible legal advice and ensure a smooth process. Our principal has extensive experience in building and construction law, handling both commercial and domestic building disputes.
Opting for a lawyer instead of a conveyancer for your property transactions is often a wise choice. The costs are typically comparable, but a lawyer can handle any legal issues that may arise without needing to transfer the case, providing you with comprehensive support from start to finish.
Buying & Selling Property
Conveyancing is the process of transferring property ownership from one party to another. While having a lawyer or conveyancer can make this process smooth, it’s crucial to perform due diligence to protect your rights. Missing approvals, notices, or signatures can lead to significant, often costly, consequences. We are here to help you navigate these issues and ensure a smooth, trouble-free transaction.
For Buyers:
- Due Diligence: The principle of caveat emptor (buyer beware) applies. It’s essential to research thoroughly before exchanging contracts to understand what you’re buying.
- Additional Investigations: We recommend extra investigations beyond what’s listed in the contract or visible during a property inspection to help you make informed decisions.
- Contract Review: We will review the contract, explain terms and cooling-off rights, and guide you through the entire conveyancing process.
For Sellers:
- Obligations and Contract Preparation: Vendors must meet specific obligations and prepare a written contract for sale. We will handle the preparation of the contract, including necessary disclosure materials.
- Rights and Responsibilities: We’ll explain your rights and responsibilities as a vendor, draft special conditions to protect your interests, and coordinate with your agent and the buyer’s legal representative to ensure a seamless transaction.
Commercial & Retail Leases
For businesses needing physical space – be it a retail shop, office, or storage – a commercial lease is a significant commitment. A commercial lease governs the arrangements between a lessor and lessee for use of such a premises and is a serious financial undertaking for both parties.
For Tenants:
- Lease Terms: Commercial leases can restrict business operations and contain provisions that require careful consideration. Our legal team can review, negotiate, and ensure the lease terms are fair and not overly restrictive.
- Retail Leasing Legislation: If leasing retail premises, compliance with specific retail leasing laws and disclosure obligations is mandatory.
For Landlords and Tenants:
- Disputes: Many disputes arise from unclear agreements or lack of provisions for contingencies. We can help draft, review, and negotiate lease agreements to prevent conflicts and clarify rights and responsibilities.
Building & Construction Law
We assist residential and commercial builders, including developers, with a wide range of legal matters. Building and construction law is complex, involving a matrix of legislation, regulations, and codes. Properly drafted contracts can significantly reduce risks throughout a building project.
For Builders:
- Contract Drafting: We help draft contracts with suppliers, sub-contractors, employees, and homeowners or purchasers to ensure clear terms and compliance with relevant laws.
- Payment Issues: Builders often face challenges securing payment, especially when variations occur, material prices rise, or schedules change. Compliance with legal obligations around payments is essential to enforce payment for completed work.
For Property Owners:
- Contract Understanding: Engaging a builder to construct your home or investment property requires a clear understanding of the contract terms.
- Off-the-Plan Purchases: When buying property off-the-plan from a developer, it’s vital to review the contract thoroughly. We can explain key provisions and negotiate additional terms to protect your interests.
Our expertise helps minimise risks and ensure all parties understand their rights and responsibilities, providing a solid foundation for successful building projects.
Property Development
Property development involves improving land for profit, whether through subdividing a single lot into two or developing multiple lots in an estate. This complex process carries high stakes and requires careful consideration of numerous legal and financial factors.
Regulatory Framework: Property development is governed by various legislation, regulations, planning schemes, and policies. These are administered by local councils and other government bodies, making it crucial to understand the overlap and specific processes applicable to your project.
Due Diligence: Engaging with experienced property lawyers and other professionals is invaluable for conducting thorough due diligence. This ensures all necessary legal concepts are understood and relevant checks are completed.
Risk Minimisation: We help minimise risks by creating optimal structures and providing guidance on compliance with laws and regulations. Our expertise supports you in navigating the complexities of property development, helping you achieve your objectives efficiently and effectively.
For expert legal advice, contact us at reception@rjilegal.com.au or call 02 9466 5189.