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PROPERTY LAW

When it comes to your business transactions and ultimately your financial investment, it’s essential to protect your interests. As an investor or a business owner, you continually enter into relationships with clients, customers, employees, suppliers and distributors. And when negotiations, disputes and paperwork arise, hiring a lawyer is crucial. 

Likewise, when you are dealing with property transactions, such as buying, selling, renting or leasing, may it be residential or commercial, consulting the expertise of a legal team provides the best outcome. Or perhaps you do not understand how to deal with tax issues relating to your business or property. Obtaining legal advice at an early stage of your property transactions will resolve even the most challenging matters of your business. 

What Does a Property Lawyer Deal With?

At a glance, property lawyers provide legal assistance to clients when it comes to property law disputes or other real estate dealings. With their expertise in the field, reputable and credible lawyers help you understand the basics of the Property Law Act in terms of negotiation, due diligence, foreclosure litigation, zoning restrictions, deed transfers and coordination. 

Generally, a property lawyer carries out the following functions:

  • Legal assistance in the buying and selling of residential and commercial properties- Torrens Title, Strata Title, Community Title;
  • Assists and oversees all the legal aspects of retail and commercial retail leasing, including review, negotiation, drafting, transfer and registration;
  • Developments of property legal documents, such as compliance, by-law documents, disclosure documents and other forms of contracts;
  • Ensures that you are well-informed of your legal rights when it comes to property law in Sydney and property law in Melbourne; 
  • Tax representations.

What Is the Basic Law of Property?

Basic property law is the area of law that deals with the important features of the Australian common law, as well as the statutory provisions pointing to real and personal property. It is the rule by which disputes are resolved in any real estate dealing, such as finance, tax, mortgage lending and more.

  • Real Property

Real property refers to the land which also includes the things that are attached to it, including a house, commercial building, barns and other infrastructures.

  • Personal Property

In contrast to real property, personal property is movable and owned or possessed, such as a car, stocks and money.

Business structures

Whether it’s corporate or trust structures, we can assist you in establishing structures that can help take the business to the next level and address the needs at each phase.

Due diligence and acquisition

Due diligence is a complex process, but it’s critical in any real estate acquisition. If you’re a buyer, you should gather all important information regarding title, searches and surveys, as well as do necessary inspections. You wouldn’t want to buy a property that has unpleasant surprises that could cost you money. 

Our team can help you make an informed decision when buying a property. We have industry-focused experts and global resources needed to provide you with in-depth advice in matters related to real estate due diligence.

Taxation compliance

We can advise you in relation to taxation implications involved in the property purchase, sale or inheritance. From stamp duty and land tax to GST advice, we’ve got you covered.

Strata-related matters

Our team of experts can provide tailored advice and services with regard to strata-related matters, from drafting strata bylaws and management statements to representing both owners and developers in strata renewal and collective sale, advice and representation in all types of strata disputes, building defect claims, strata development and scheme, and amending and terminating strata schemes.

Private conveyancing

Are you planning to buy or sell your home or business? We can give you guidance on what you need to consider from a legal point of view. The goal is to make your purchase or sale process as stress-free as possible. 

If you’re buying, we can help you prepare, clarify and lodge legal documents. We also do research on the property and its certificate of title, making sure that you’ll get a good marketable title. We can settle the property on your behalf and represent your interest with a vendor or their agent.

If you’re a seller, we can assist you in completing your legal documents and representing you in dealings with the buyer.

Commercial and retail leasing

With our extensive knowledge in commercial and retail lease acquisitions and disposals, we offer advice on lease restructuring, rent review negotiations, as well as asset management initiatives. Our team of experts provides across-the-board consultancy to both landlords and tenants.

How Madison Marcus Can Help You

Do you need legal assistance with matters related to real estate and property law? Or are you looking for legal advice that specifically relates to your issue? 

Madison Marcus has an award-winning property team that provides a full property service and assists clients at all levels of property law. No matter what kind of business you operate, or where you are located, our legal experience will help you establish your case and come up with the best strategies to move forward. We act for developers, owners, occupiers and tenants in the residential, commercial, office and industrial real estate spaces.

With our expertise across a wide range of property and related disciplines, we can provide a complete service and assist you in all of your property law and property-related requirements.
For all enquiries in relation to property law matters or for a free 15-minute consultation, kindly contact our expert team today via this form.

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