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Sale & Purchase of Property
We are highly experienced in dealing with the sale, purchase and development of:
residential properties; and commercial properties including:
- office buildings
- shopping centres
- industrial properties
- rural properties
- retirement villages
- holiday resorts (and time share arrangements) and
- vacant land for re-development purposes
For example, we have acted on the:
- Purchase of a shopping centre involving 40 leases, detailed management agreements, complicated trust documentation and overseas and local borrowing.
- Purchase, development and continued operation of a retirement village, including detailed commercial financial problems and appeals to the Land & Environment Court.
- Acquisition of land for a retirement village, including preparation of all joint venture documentation.
- Sale of a retirement village.
- Put and Call Option to purchase a former factory for conversion to residential home units, subject to D.A and subsequent conditional purchase and advising on acquisition of adjoining property to overcome objections.
- Purchase of office building.
- Purchase/sale of hotels.
- Purchase/sale of boarding houses.
- Sales and purchases of large and small rural properties.
- Acquisition, building, financing and sale of numerous commercial and residential town houses and residential and factory units.
- Acquisition and (often complicated) financing of investment properties such as banks, office buildings and the like.
- Financing
We can assist with all kinds of financing arrangements and documentation.
We have acted for mortgagees, mortgagors and guarantors in relation to finance provided in connection with property transactions.
Leasing
We have acted on leasing agreements for a wide range of retail, commercial and industrial properties, both large and small.
For example, we have acted for:
- Lessors of commercial building premises in preparing leases, subleases and licences
- A large retirement village for many years in relation to leases granted to the occupation of nearly 200 units. We prepared the Management Agreement, which included project management provisions for completion of a second stage of the village. We acted on assignments of the leases.
- The proprietors of several shopping centres in relation to the leases of the shops within those centres and in relation to the transfers or assignments of those leases on behalf of the lessor. We have also negotiated all the amendments to the agreement with a centre manager.
- The lessors on leases of restaurants.
- A lessor on granting of leases for various shops in a row of shops at Leichhardt (Old System Title) and on the assignments of those leases from time to time.
- Lessees in relation to negotiating leases of shops, offices and other premises.
- Lessors and lessees in relation to rent reviews.
Property Development
We can assist with:
- sale and purchase documentation
- option documentation
- creation of rights of way to provide access
- special conditions relating to development approvals
- difficulties encountered in having development or other proposals approved by local councils.
Examples of matters we have acted on, are as follows:
- The establishment of a retirement village.
- The purchase, development and continued operation of a retirement village, including detailed commercial financial problems and appeals to the Land & Environment Court.
- The development of a medium density housing project, including complex, rights of way, easements, negotiations with adjoining owners, staged sub-division and heritage issues, contract documentation, problems with development application, building issues and sale of the completed development.
- Development, joint venture, management and financing of business and shopping centres.
- Subdivision of vacant land and dual occupancy construction of town houses, subject to negotiating 10 year leases and subsequent sales.
Property Litigation
We can assist with all kinds of property litigation including:
- Suits for specific performance to enforce alleged agreements to lease property
- Proceedings in the Supreme Court in relation to specific performance of contracts for the sale of real estate
- Proceedings under the Trade Practices Act arising from misleading conduct and/or statements in relation to real estate transactions
- Applications before the Land Board for the opening of public roads
- Proceedings in the Supreme Court to prevent closure of a “right of way”
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