Property Law/Conveyancing

Buying a Residential Property

Our experienced team will help you ace the buying process by:

• Giving you a detailed legal understanding of the laws and formalities involved in property purchase.
• Helping you understand the entire buying process before you make an offer or participate in an auction.
• Reviewing and advising you about your rights and responsibilities at an Auction for Auction contracts.
• Thoroughly reviewing the contract of purchase to ensure it is fair and compliant with the NSW Conveyancing Act and advising you on your statutory warranties, contract conditions and special conditions, and your rights and obligations under a contract.
• Advising you about the cooling off period and deposits.
• Preparing Section 66W Certificates.
• Explaining easements, covenants and restrictions on title searches.
• Advising first home buyers about First Home Owner Grant or First Home Buyers Assistance Scheme and submitting all forms for obtaining Transfer Duty (previously called Stamp Duty) concessions.
• Recommending necessary inspections before purchase, such as building and pest inspections and strata inspections.
• Negotiating with the seller’s solicitors or conveyancers if there are any changes required in the contract.
• Advising you on Transfer Duty (previously called Stamp Duty) payments.
• Carrying out all searches with council and water boards.
• Maintaining a steady and smooth flow of operations, by liaising with all participants, including mortgage brokers, banks, purchaser’s solicitors, and real-estate agents, to ensure that the settlement occurs smoothly.
• Preparing or verifying adjustments for council, water, and strata and community levies (where applicable).
• Confirming that there are no outstanding rates, taxes or levies.
• Ensuring that you get your property keys at the right time and under the right circumstances.
• Protecting your legal rights in procedure of purchasing a property.

Buying with ‘subject to tenancies’

In New South Wales, sale of a tenanted property is governed by the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019.

If a tenant is under a periodic agreement, the seller or your agent can give a 30-day notice to the tenant to vacate the premises. However, this can only be done only when a contract of sale has been signed and the contract requires the vendor to give you a ‘Vacant Possession’. If the tenant wants to end the agreement, they can serve a notice of 21 days to the seller.

If the tenant is under a fixed-term lease, the purchaser must accept the property “subject to existing lease” as the lease cannot be terminated, and it continues with the same terms. After settlement, the tenant should also be given a written notice (letter of attornment) that states the new purchaser’s details and directs the tenant to make future rental payments to the purchaser.

If the tenant is under a fixed-term lease, you must accept the property “subject to existing lease” as the lease cannot be terminated, and it continues with the same terms. After settlement, the tenant should also be given a written notice (letter of attornment) from the vendor that states your details and directs the tenant to make future rental payments to you.

Buying with a swimming pool

If the property for sale has a swimming pool or spa pool, one of the following must be attached to the contract:

• a copy of a valid certificate of compliance, or
• relevant occupation certificate and evidence that the pool has been registered issued within the last three years, or
• a valid certificate of non-compliance.

If one of the above is not included in the Contract of Sale, you may rescind the contract within 14 days of exchange, unless settlement has already occurred. If a certificate of non-compliance is attached to the contract, you take on the obligation upon yourself to obtain a certificate of compliance within 90 days from settlement to rectify defects listed in the certificate of non-compliance and to obtain a certificate of compliance.

Buying a property can be a challenging process. At Amity Legal, we will look after all the legal aspects of your transaction and will deal with all the complex paperwork. We will ensure that your legal rights stay protected, and you have all the vital information to proceed or to step back from the deal. We pride ourselves on providing an outstanding service that focuses on our clients. Amity Legal will be your trusted partner every step of the way.

Feel free to contact us with any queries regarding the process. We will make the process smooth and hassle free for you. If you are intending to buy a property, contact Amity Legal on 0410 514 004.

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Selling a Residential Property

Our experienced team will help you ace the selling process by:

• Giving you a detailed legal understanding of the laws and formalities involved in the sale of property.
• Explaining you the entire sale process, before sending it to your real estate agent for listing.
• Prepare the contract of sale which abides by the rules and regulations of the NSW Conveyancing Act, catering to your requirements and instructions.
• Advising about special conditions where applicable.
• Obtaining relevant certificates and title searches.
• Sending the contract of sale to your real estate agent for exchanging.
• Co-ordinating with your bank for settlement if any mortgage to be discharged.
• Maintaining a steady and a smooth flow of operations by liaising with all participants including banks, purchaser’s solicitors, and real-estate agents, to ensure that the settlement occurs smoothly.
• Preparing or verifying adjustments for council, water, and strata and community levies (where applicable).
• Confirming there are no outstanding rates, taxes, or levies.
• Informing you about the GST implications and GSTRW payments so that you can take the right advice from your accountant.
• Apply for the ATO clearance certificates on your behalf where applicable.
• Protecting your legal rights in the procedure of sale of property.

Selling with Tenanted Property

In New South Wales, sale of a tenanted property is governed by the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019.

If a tenant is under a periodic agreement, you or your agent can give a 30-day notice to the tenant to vacate the premises. However, this can only be done only when a contract of sale has been signed and the contract requires you to give ‘Vacant Possession’ to the purchaser. If the tenant wants to end the agreement, they can serve you a notice of 21 days.

If the tenant is under a fixed-term lease, the purchaser must accept the property “subject to existing lease” as the lease cannot be terminated, and it continues with the same terms. After settlement, the tenant should also be given a written notice (letter of attornment) that states the new purchaser’s details and directs the tenant to make future rental payments to the purchaser.

If the lessor or the agent did not disclose to the tenants that a particular property was under a contract of sale before the tenants signed the lease on the property, the tenants can apply to NCAT for an order to terminate the lease and can also seek compensation for any costs related to such termination.

Selling with Vacant Possession

If you are selling the property with vacant possession, you will be required to vacate the premises before the deal is settled. You must leave the property clean and ready to live in, removing all your belongings. It is up to you if you want to move out before the date of the settlement. However, you will still be responsible for your property’s safety and insurance till your buyer moves in. Once settlement takes place, the real estate agent will be authorised to release the deposit to you, less their fees

Selling with a swimming pool

If the property for sale has a swimming pool or spa pool, one of the following must be attached to the contract:

• a copy of a valid certificate of compliance, or
• relevant occupation certificate and evidence that the pool has been registered issued within the last three years, or
• a valid certificate of non-compliance.

If one of the above is not included in the Contract of Sale, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred. The process of selling a property need not be complicated when you have some of the best conveyancers and lawyers in Sydney at your side. If you are intending to sell your property, contact Amity Legal on 0410 514 004.

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Buying a Commercial property

The process of purchasing a commercial property is comparable in many ways to buying a residential property. For example, organising building and pest inspections, strata inspections and taking out insurance for the property depending on when the risk passes pursuant to the contract. However, there are other matters to consider when purchasing a commercial premises such as deciding on the entity that will hold the property (for e.g. whether you will hold the property in your personal name,a company or a trustee, or self-managed super fund), GST implications as GST if often payable on commercial property, getting the contract reviewed before you sign it as there is no five working day cooling-off period applicable with commercial contracts, transfer duty (previously called stamp duty) implications as transfer duty is payable on the grossed-up amount (the purchase price plus the GST), asbestos considerations for older buildings, combustible cladding issues, tenancy implications as usually the commercial properties comes with a tenant and often the leases are long-term leases.

The above list is not comprehensive and is simply an overview to highlight the importance of engaging your solicitor and accountant in initial stages of purchasing a commercial property for a hassle-free process. If you are intending to buy a commercial property, contact Amity Legal on 0410 514 004.

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Selling a Commercial property

The process of selling a commercial property is comparable in many ways to selling a residential property. Generally cooling off periods do not apply to commercial properties and contracts are entered into unconditionally once a vendor and purchaser have signed and exchanged contracts and a deposit has been paid. Pursuant to the vendor disclosure regulations, copies of the following prescribed documents are required to be attached to the Contract of Sale:

• a title search;
• a common property title search (if applicable);
• the deposited plan or strata plan;
• all documents creating easements over the land and covenants;
• a zoning certificate under s10.7 of the Environmental Planning and Assessment Act, 1979;
• a drainage diagram showing where the main sewer lines are in relation to the land;
• a sewer connection diagram
• strata by-laws (if applicable); and
• copy of the current lease if the property is being sold ‘subject to existing tenancies’

If you are intending to sell a commercial property and require assistance with drawing up the Contract, contact Amity Legal on 0410 514 004.

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