Property & Conveyancing

Property Sales & Purchase - Conveyancing


We have frequently acted buyers and sellers in the sale of residential and commercial property, from first home buyers through to experienced property developers. Once you have found your ideal property, you submit an offer (usually subject to conditions like finance, white ant and other inspections) which may be accepted by the seller. As a buyer, it is at the stage before submitting an offer we recommend you engage one of our conveyancers so that we can assist in the preparation of conditions. For the buyer, we will make the necessary enquiries of Water Corp, Office of State Revenue, etc to obtain the necessary information and prepare for settlement. We will attend settlement and undertake the necessary steps to ensure a smooth transfer of ownership. Our fixed fees are: For Buyers $700 + GST For Sellers $450 + GST Our fixed fee excludes disbursements such as bank fees, Landgate search and lodgment fees, Office of State Revenue, PEXA fee, etc.




Finance & Loans


Our team deals with all aspects of financial services, including the review and drafting of loans and security documents. In particular, we act for a number of private lenders in the preparation of loan documents, advising on various aspects of the transaction, drafting suitable security documents and, if needed, assisting with recovery. We can tailor our loan documents to your needs, from simple loans between family members to complex arrangements between sophisticated financial service providers. Our lawyers are experienced in financial services, having worked in the teams representing a number of entities the subject of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. We also advise clients on the impact of the Personal Property Securities Act 2009 (PPSA), registering their interests on the Personal Property Securities Register (PPSR) and the National Credit Code. We can offer a fixed fee to prepare the necessary documents once we have had an initial consultation to discuss the complexity and number of documents required.




Mortgages, Caveats and Other Encumbrances


We can assist you in:: (a) advising you on your existing mortgage; (b) draft a new mortgage; (c) draft caveats; (d) act for you in having a caveat removed from the title; and (e) creating, varying or removing restrictive covenants and easements.




Solicitor’s Certificate of Legal Advice for Guarantors


Banks frequently require a solicitors certificate to confirm that a Borrower or Guarantor has obtained legal advice with regards to the loan. Each bank has their own requirements but they all basically require the solicitor to certify that: (a) the Borrower/Guarantor fully understand the loan terms; (b) the Borrower/Guarantor understand the bank can take possession and sell the property; and (c) the Guarantor understands that if the Borrower defaults then the Guarantor may be liable for the debt. We charge a fixed fee of $300 + GST plus an additional $100 + GST for additional people on the same loan. We require the documents at least 24 hours before the appointment. Less than 24 hours will incur an additional fee of $100 +GST.




Leases


We can act for lessors, lessees and property managers with regards to the negotiation and preparation of commercial, retail and residential leases, property management agreements, notices of election to exercise and other leasing documents. A lease can be one of the biggest commitments for a small business so it is important that you engage our experienced lawyers to provide you the necessary advice in entering, reviewing or renewing your lease. We also act for lessors, lessees and property managers in leasing disputes and enforcing their respective rights under the leases. The Commercial Tenancy (Retail Shops) Agreement Act (WA) 1985 and the Residential Tenancies Act 1987 regulate the rights and obligations of the parties, various disclosure requirements and other aspects the retail and residential lease arrangements. A significant issue facing Lessors and Lessees is what happens when there are defaults or breaches. We ensure that this is clear from the outset so that, in the unfortunate occurrence of a default or breach, you are in position to be remedied or, if necessary, terminate the lease. If we did not prepare or initially advise on your lease, we can review and advise on your options. We can act for lessors, lessees and property managers with regards to the negotiation and preparation of commercial, retail and residential leases, property management agreements, notices of election to exercise and other leasing documents. A lease can be one of the biggest commitments for a small business so it is important that you engage our experienced lawyers to provide you the necessary advice in entering, reviewing or renewing your lease. We also act for lessors, lessees and property managers in leasing disputes and enforcing their respective rights under the leases. The Commercial Tenancy (Retail Shops) Agreement Act (WA) 1985 and the Residential Tenancies Act 1987 regulate the rights and obligations of the parties, various disclosure requirements and other aspects the retail and residential lease arrangements. A significant issue facing Lessors and Lessees is what happens when there are defaults or breaches. We ensure that this is clear from the outset so that, in the unfortunate occurrence of a default or breach, you are in position to be remedied or, if necessary, terminate the lease. If we did not prepare or initially advise on your lease, we can review and advise on your options.




Construction & Property Development


We advise builders and customers on the construction and development of residential and commercial property. Our services include reviewing and preparing construction contracts and contract variations, advising and preparing documentation for land development, subdivisions, building and strata title subdivisions and acting in disputes regarding scope of works, payments, practical completion and rectification works, including acting for clients in Court. We have knowledge of the Construction Contracts Act 2004, the Building Act 2011 and the Planning and Development Act 2005. It is important to be aware that the CCA requires the claimant to lodge a claim within 28 days from when the relevant payment was due under the contract or from when it was rejected.





We can assist you with your commercial and residential property needs, from finance to settlement, drafting various documents such as leases, covenants, easements and mortgages through to any potential disputes.

Below is a summary of the various property related services we frequently provide: