PROPERTY CONVEYANCING

Any dealing with property is a major transaction for most individuals and companies alike. It is important that you have the comfort of dealing with a qualified conveyancer or solicitor.

Our lawyers and licensed conveyancer have a wealth of experience in the real estate industry. We are able to provide our clients with a professional and practical approach to a wide range of property and business law services.

Bay Legal has acted for purchasers and vendors of residential and commercial property for many years. Our level of service and commitment provides our clients with a stress free experience in conveyancing transactions which otherwise are potentially very stressful.

Our experienced lawyers and conveyancer will assist you by:

  • explaining the issues involved in the sale or purchase of your property
  • explaining contractual obligations between buying or selling by public auction or private treaty
  • advising the costs that will be incurred including stamp duty
  • providing advice on your Contract for Sale of Land
    advising you in relation to special terms and conditions for a sale of purchaser of your property
  • liaising and attending to any lender’s requirements
  • arranging relevant searches and enquiries of the property
  • organising settlement

LEASES AND PROPERTY

Our services include the provision of advice on all aspects of commercial and residential property, the consideration and preparation of documentation and the negotiation and settlement of disputes.
COMMERCIAL / RETAIL LEASE

Commercial / Retail leases involve complicated issues and terms upon which all parties should be properly advised prior to the commencement of the lease. The terms of commercial leases vary from lease to lease and are often negotiable.

Bay Legal has extensive experience in preparing leases, agreements for lease, licences and letters of offer and in advising on commercial leases. We will provide you with advice on leasing and licensing issues including the commercial impact of the terms, unfavourable obligations, pre-contractual arrangements, fit-out obligations, rent reviews, repairs and improvements to the premises and option to renew.

Our solicitors could assist you to prepare special conditions to the lease which may be necessary or favourable to you or your business, and to understand your obligations pursuant to your lease, either as a landlord or a tenant, to prevent an adverse impact on your cash flow.

All of the terms and special conditions should be carefully considered by both the landlord and the tenant before the lease agreement is signed. We can oversee the signing, stamping and registration of documents as well as obtaining mortgagee’s consent where necessary.

Do not enter into the lease unless you have understood and agreed to all of the terms and special conditions contained in the lease. We urge that you seek legal advice as early as possible before signing a lease.

RESIDENTIAL LEASE
Bay Legal also looks after clients who are tenants and landlords in residential properties. If there is a dispute about the terms of the lease or if there is a breach of lease by either party, our solicitors will be able to advise you about your rights, arising from the lease and in law, and on your available options to resolve the issue. There are often issues in renting a residential property involving the security bond, repairs to the premises, unpaid rent and damages to the property.

HOME BUILDING CONTRACTS

LOOKING TO RENOVATE OR BUILD YOUR OWN HOME?

PREPARING A HOME BUILDING CONTRACT

Bay Legal solicitors could assist you in preparing or reviewing your home building contract to make sure that you are properly protected. You should fully understand all of the parties’ obligations before you enter into the contract to avoid breaches of the contract or potential legal action.Our services also include drafting the special conditions to your home building contract which can be tailored to your needs and protect your interest as the consumer.

Our services also include drafting the special conditions to your home building contract which can be tailored to your needs and protect your interest as the consumer.Bay Legal also acts for builders who seek similar legal services in a home building project. We are prepared to assist you in all of your contracts with the consumers, suppliers and contractors.

Bay Legal also acts for builders who seek similar legal services in a home building project. We are prepared to assist you in all of your contracts with the consumers, suppliers and contractors.

DISPUTE

IS THERE A BREACH OF THE HOME BUILDING CONTRACT? HAS THE CONSTRUCTION WORK BEEN DELAYED? IS THERE A LATE OR NON PAYMENT?

If a dispute arises during the course of a building construction, we could advise you on the best and most commercial resolution of the dispute.

There are often issues involving the variations, delays in completion, progress payments, access to the site and compliance with local authorities. Whether you are a consumer or a builder, we suggest that you seek legal advice as soon as an issue arises to avoid costly and time-consuming legal proceedings.

We understand a home owner does not want the construction work to be delayed or suspended, and a builder does not want to work without the scheduled payments. Contact Bay Legal as the earliest opportunity to discuss how our team can resolve your disputes without further delays.

If your matter cannot be resolved without further legal action, our solicitors can also assist you in initiating Court proceedings against the other party, obtaining expert reports, conducting a hearing in the appropriate Court or Tribunal and lodging an appeal in a higher Court.

Please see Debt Recovery / Litigation and Disputes for more information

DISPUTES

Bay Legal solicitors have a wealth of experience in dealing with and resolving different types of property disputes for our clients who are property owners, builders, purchasers, tenants/ subtenants, executors of an estate, family member, property agents, businesses, neighbours, owners corporations, mortgagee/ chargee and creditors.

Our lawyers could assist you with property disputes involving the following matters (not conclusive):

  • Property contracts – purchasing, selling or transferring a property;
  • Building or construction contracts;
  • Commercial/ Retail or residential leases;
  • Market rent;
  • Occupancy and tenancy issues;
  • Deceased estate property division;
  • Family disputes;
  • Repairs and damages;
  • Rental adjustments and reviews;
  • Default payments of rent or mortgage payments;
  • Disputes with a neighbour e.g. fences, trees etc;
  • Disputes with a real estate agent;
  • Strata issues and By-Laws;
  • Subdivisions;
  • Disputes involving a mortgagee or chargee; and
  • Creditors forcing a sale of property.

Our team of solicitors will assist you in negotiations and communications with other related parties, preparation of legal documents, contacting Councils, the Department of Lands or other authorities, lodging the relevant documents, settlements of the disputes and litigating the matters in the appropriate Courts or Tribunals.