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Commercial Conveyancing

Our property lawyers will guide you through the commercial conveyancing process always putting your best interests first.

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Commercial Conveyancing - Why you need a lawyer

Financial Assets

Guiding you through the process

Commercial conveyancing is the purchase and sale of office space, retail space or industrial property. It is important that parties undergoing the commercial conveyancing process seek legal advice to navigate numerous considerations such as due diligence enquiries and taxation issues. A lawyer can guide you through the process from signing the contract through to settlement.

Timely Legal Services

Helping buyers and sellers comply with their obligations

There are serious consequences if buyers or sellers fail to comply with their obligations which arise at various stages of the commercial conveyancing process. There can be numerous obligations depending on the complexity of the commercial property transaction. A lawyer can help you understand what is required of you during the process so you can avoid the consequences.

Dispute Resolution

Assisting you with contracts

Understanding contracts can be difficult, particularly when the subject matter is complex. We are able to provide pre-contractual advice for unsigned contracts of sale, as well as drawing up a contract that is tailored to the particular transaction you are making and ensure it is legally binding and valid. We will put your best interests at the forefront and ensure you understand what each contract entails before you commit to signing.

Frequently asked questions

Commercial conveyancing relates to the preparation of documents for the transfer of commercial property. This may include office space, retail space or industrial property
There are six phases of commercial conveyancing. These are:

1. Executing the contract of sale. The seller’s real estate agent or solicitor will prepare the contract of sale, which includes the description of property, its price, warranties and other terms and conditions. The buyer’s solicitor will review the contract and negotiate and changes before both parities sign and the buyer of the property must pay the deposit.

2. Reviewing property searches. Contracts depend on the satisfaction of conditions relating to a number of property searches which are commonly sought by the buyer.

3. Financing. A number of buyers will arrange for financing or commercial loans early on in the commercial conveyancing process.

4. Pre-settlement matters. The buyer of the property can undertake a pre-settlement inspection to ensure the property is empty, clean and tidy. If the buyer is unhappy with the property’s condition, they can delay settlement until the issues are fixed.

5. Settlement. If both parties are ready for settlement, they should exchange legal documents and the buyer must pay the remaining purchase price.

6. Post-settlement matters. After the purchase money is received, the buyer will receive keys and other access devices such as remotes or alarm codes. Authorities must be notified of the change in ownership.
Once you have signed your contract, it becomes legally binding and the sale of the property will proceed. After the settlement has been carried out by the buyer and the seller, and the cooling period has finished, the sale must go ahead.
If you are the seller of the commercial property, once settlement is complete, the money received from the sale of the property will be placed into your account. Your legal representative will notify you when the change of ownership has occurred. The bank will give you a breakdown of your loan payments, interest and penalties which needed to be paid to finalise your mortgage debt.
On settlement day, the buyer’s money will be transferred into your nominated account.
Cooling off is the right of a buyer of property to cancel the contract and their interests in the purchase on a ‘no questions asked’ basis. Cooling off can only occur within three days after signing an offer to purchase property.
The dates to be aware of during the conveyancing process are the contract date, cooling off date, the settlement date and the date of finance approval, building and pest inspection, pool inspection and any other special conditions are due.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of property law

Forge Legal’s real estate and property lawyers are specialists in all areas of property law and can assist you with all property law matters.

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