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Conveyancing

1. Purchase of Property

One of the major investments you will make in your lifetime is the purchase of residential/commercial property. C&M Lawyers are committed to assisting you in making your purchase as informative, stress-free and cost effective as possible.

Your first consultation with us is FREE of charge during which we will review the draft contract for sale of land, advise you of potential areas of concern and give you a detailed outline of the process involved in the purchase and our role in assisting you.

We are dedicated to providing you with a cost-effective service without compromising the level of professionalism, integrity, and detail offered by our experienced solicitors.

Many of our valued clients tell us that they do not know the first thing about the process involved in purchasing residential/commercial property in New South Wales or of their previous experiences which have been neither informative or personal.

We are here to carefully advise and provide you with a personal service in relation to:

  • Explaining the content of the contract for sale of land, including the special conditions and any attachments to the contract;
  • Explaining the conveyancing process from start to end;
  • Disclosing to you our legal costs in acting on your purchase as required by the Legal Profession Act, 2004;
  • Negotiating amendments to the contract to avoid any pitfalls;
  • Arranging pre-purchase pest, building and/or strata reports;
  • Explaining the content and results of the pre-purchase reports;
  • Advising you of the pitfalls involved in properties with alterations and/or additions to the property without Local Council approval;
  • Liaising with your mortgage broker in relation to finance;
  • If you are a first home owners, ensuring that applications for First Home Owners Grant and First Home Plus Stamp Duty exemption forms are accurately completed;
  • Attending to exchange of contracts;
  • Explaining the contract and the procedure towards settlement;
  • Undertaking the recommended searches to ensure that your property is not adversely affected by an interest;
  • Liaising with your mortgagee to ensure that their requirements have been met and in a position to settle on time;
  • Attending to settlement of your purchase; and
  • Confirming settlement and concluding the matter.

Our solicitors have full carriage of your matter and are personally responsible to you. It is our intention to keep you informed in relation to your purchase. No question is too small to ask of us and our full attention will be given to ease any concern or query you may have.

We will take the necessary steps required to help ensure that your purchase is as stress-free as possible.

If you have a general or specific query in relation to your current or future purchase of residential/commercial property in New South Wales please do not hesitate to contact Richard Chidiac of this office who will assist you in meeting your needs.

2. Sale of Property

The most important aspect of acting for you in relation to your sale of property is ensuring that you have a contract for sale of land prepared which accurately reflects the nature of your property being sold.

Whether you are selling your principal place of residence, investment property, unit, townhouse, apartment or commercial property, we are committed to assisting in making your sale as informative, stress-free and cost effective as possible.

Your first consultation with us is FREE of charge during which we will gather information from you to assist us in drafting a contract for sale of land, advise you of potential areas of concern and give you a detailed outline of the process involved in the sale and our role in assisting you.

In acting on your sale we will assist you in:

  • Disclosing to you our legal costs in acting on your sale as required by the Legal Profession Act, 2004;
  • Preparing the contract for sale of land and ensuring that all documents required by Law to be attached to the contract are contained in the contract;
  • Tailoring the contract to ensure that it suits your needs and that full disclosure is made of any matter which will protect your interests;
  • Liaising with your nominated real estate agent to enable the commencement of marketing of the property;
  • Liaising with the solicitor/conveyancer for the purchaser in relation to exchange of contracts;
  • Attending to exchange of contracts;
  • Reporting to you explaining the contract and the process towards settlement;
  • Liaising with your mortgagee to ensure a discharge of your existing mortgage;
  • Attending to settlement of your purchase; and
  • Reporting to you confirming settlement and concluding the matter.

Our solicitors have full carriage of your matter and are personally responsible for guiding you and keeping you informed in relation to your sale. No question is too small to ask of us and our full attention will be given to ease any concern or query you may have concerning your sale.
If you have a general or specific query in relation to your current or future sale of residential/commercial property in New South Wales please do not hesitate to contact Richard Chidiac of this office who will assist you in meeting your needs.

Retail Leases

In NSW, the Retail Leases Act, 1994 governs the relationship between Landlords and Tenants concerning retail shop leases.

C&M Lawyers provides comprehensive advice for retail Landlords and Tenants on one of their biggest investments, their retail lease.

In general, we will:

1. Explain the Landlord’s obligation to provide a prospective Tenant, as soon as the Tenant enters into negotiations with the Landlord or its authorised representative concerning a prospective Lease of premises, a copy of the prospective Lease and a copy of the NSW Retail Tenant’s Guide;

2. Explain the Landlord’s obligation to provide the prospective Tenant, at least seven (7) days before the Lease begins, with a copy of the Landlord’s disclosure statement;

3. Ensuring that the Landlord’s disclosure statement includes all the agreements the Landlord and Tenant have reached during negotiations and any promises and/or representations made by the Landlord or its authorised representative;

4. Explaining the provisions of the Lease including but not limited to:

(a) The term of the Lease;
(b) The availability of option periods;
(c) The description of the retail shop;
(d) The amount of rent to be paid during the term of the Lease and any option for renewal;
(e) The frequency and means by which the rent will be reviewed;
(f) The permitted use of the retail shop;
(g) The outgoings to be paid during the term of the Lease and any option for renewal;
(h) The requirement of a security deposit or bank guarantee;
(i) The obligation on the Tenant to repair and maintain the retail shop; and
(j) The existence of any relocation and/or demolition provisions.

5. Explaining the importance of checking with Local Council to make sure that development approvals are in place for the permitted use of the retail shop;

6. Explaining the mechanisms of dispute resolution provided by the Retail Leases Act, 1994 for disputes between the Landlord and Tenant of a retail shop Lease.

If you would like further information or advice (either as a Landlord or Tenant) or assistance in negotiating or drafting your retail Lease please do not hesitate to contact us.