Proudly serving clients throughout New South Wales
Frequently Asked Questions
How much does conveyancing cost?
We offer transparent fixed pricing with no hidden fees. We will provide you with an accurate quote after assessing the specifics of your property transaction.
How is the normal settlement period?
In New South Wales, the settlement period for a sale of property is typically 42 days (6 weeks) from the date of exchange of contracts. However, a longer or shorter settlement period can be negotiated between the buyer and seller.
What is the cooling off period?
In New South Wales, the cooling-off period is a legal provision that gives buyers of residential property a chance to change their mind after signing a Contract for Sale. During the cooling-off period, the buyer has the right to end the contract for any reason. If the buyer does end the Contract in this period, they will usually forfeit 0.25% of the purchase price to the vendor.
For residential property, the cooling-off period lasts for 5 business days from the date the buyer and seller exchange contracts. For off-the-plan contracts, the standard cooling off period is 10 business days. For properties over 2.5 hectares and commercial properties, there is no cooling off period.
What happens if I don’t make a will?
If you die without a will your estate does not automatically pass to the State (Crown), as is often assumed. Instead, your estate will be distributed according to the rules of intestacy which are set out in the Succession Act 2006 (NSW). In basic terms, the order of relatives who can inherit is as follows:
- spouse(s)
- children
- parents
- siblings
- grandparents
- aunts and uncles
- cousins.
Each ‘category’ must be exhausted before moving on to the next and once an eligible relative is found, the process stops. If you die without a will and do not leave any eligible relatives, then your estate may pass to the State (Crown).
It is always better to make a will — that way you make your own decisions about who will inherit your estate. You can choose to benefit your favourite charity, a friend or a remote relative who may not be included under the intestacy rules. In addition, you will save your loved ones a great deal of administrative work, anxiety and pain if you leave a clear will.
If you have any other questions or need assistance with a legal matter, feel free to contact us. We are committed to offering clear, professional, and affordable legal services.
What is conveyancing?
Conveyancing refers to the legal process of dealing with real property. Conveyancing work can involve the preparation of documents such as leases and contracts, giving advice on conveyancing documents, exchanging sale contracts, arranging registration of title documents and arranging and attending on settlement. Whatever your property related transaction, we will ensure the entire process is handled smoothly, legally and without delay.
What happens if I don’t make a will?
If you die without a will your estate does not automatically pass to the State (Crown), as is often assumed. Instead, your estate will be distributed according to the rules of intestacy which are set out in the Succession Act 2006 (NSW). In basic terms, the order of relatives who can inherit is as follows:
- spouse(s)
- children
- parents
- siblings
- grandparents
- aunts and uncles
- cousins.
Each ‘category’ must be exhausted before moving on to the next and once an eligible relative is found, the process stops. If you die without a will and do not leave any eligible relatives, then your estate may pass to the State (Crown).
It is always better to make a will — that way you make your own decisions about who will inherit your estate. You can choose to benefit your favourite charity, a friend or a remote relative who may not be included under the intestacy rules. In addition, you will save your loved ones a great deal of administrative work, anxiety and pain if you leave a clear will.
Can I challenge a will?
Yes, it is possible to challenge a will under certain circumstances, such as if there are concerns about the validity of the Will, issues of undue influence, or if you believe you have been unfairly excluded as a beneficiary. A probate lawyer can assist with any will disputes and help you understand your legal rights.
How can I ensure my will is valid?
To ensure your will is legally valid, it must be written, signed, and witnessed according to the laws in your jurisdiction. It’s advisable to consult a lawyer when drafting a will to ensure that it is clear, legally sound, and covers all aspects of your estate. A well-drafted will helps prevent disputes, avoids administration delays and ensures your wishes are followed.
What should I do if I want to write a will?
If you wish to write a will, it’s best to consult with a qualified lawyer. They can help you create a will that reflects your wishes and ensures your estate is distributed according to your desires. A lawyer can also advise on matters like guardianship of children, tax implications, and specific bequests.
If you have any other questions or need assistance with a legal matter, feel free to contact us. We are committed to offering clear, professional, and affordable legal services.
When is probate required?
Probate will generally be required in the following circumstances:
- if the amount held in a bank account of the deceased exceeds $50,000 (although some banks have a lower threshold);
- to deal with property;
- if the superannuation funds have been nominated to form part of the estate.
Do I need a probate lawyer?
If you are dealing with the estate of a loved one who has passed away, a probate lawyer can help manage the legal process of administering the estate. A probate lawyer assists with the legalities, including applying for a grant of Probate (or Letters of Administration), gathering and valuing assets, paying debts, closing, transferring or liquidating the remaining, and distributing the estate according to the deceased’s wishes. They also handle any disputes that may arise between beneficiaries or creditors.
How much does probate cost?
The costs associated with probate can vary based on the size and complexity of the estate. We offer competitive rates for probate services, and we will provide you with a clear, upfront cost estimate. Our goal is to provide an efficient and professional service while minimising costs for the estate.
Can I handle probate myself?
While it’s possible to obtain a grant of Probate without legal assistance, it is wise to hire a lawyer. The probate process is complex and there are timeframes you must be aware of. We can help you prepare and file the right documents, avoid errors that could delay the process and anticipate and counter any complications.
In the administration of the estate, we will:
- contact all asset holders and prepare the necessary forms to close, cancel or otherwise deal with those assets;
- liaise with creditors, hold off debt recovery proceedings and settle these outstanding debts once estate funds are available;
- liaise with the beneficiaries keeping them updated as the matter progresses and answering their questions;
- organise interim and final distributions of the estate;
- assist you to you fulfill your duties as executor, advising you on your legal obligations and ensuring you meet critical deadlines.
If you have any other questions or need assistance with a legal matter, feel free to contact us. We are committed to offering clear, professional, and affordable legal services.
What is Probate?
Probate refers to process by which an executor named in a will is given the legal right to deal with the assets and liabilities in the estate of a deceased person according to the terms of their will. Letters of Administration are issued instead of a grant of Probate when a deceased person dies without leaving a valid will (intestate).
The probate process can be complex, and a probate lawyer can guide you through it, ensuring that all legal and financial obligations are met.
What is the Difference Between a Commercial Lease and a Retail Lease in New South Wales?
In New South Wales (NSW), both commercial leases and retail leases are agreements between a landlord and a tenant for renting property. However, the terms and conditions of these leases differ in significant ways, particularly because of the specific laws that govern them and the type of property or business involved.
Commercial Lease: A commercial lease is a lease for any property that is used for business purposes, but outside of retail trading. This can include properties used for:
- Offices (e.g., corporate office spaces).
- Industrial (e.g. warehouses or manufacturing facilities).
- Commercial mixed-use properties (e.g. properties combining residential and business use).
Commercial leases are generally governed by common law and are less regulated by specific legislation compared to retail leases.
Retail Lease: A retail lease is a specific type of commercial lease that applies to retail businesses. A retail lease covers properties used primarily for selling goods or services directly to the public, such as:
- shops (e.g. boutiques, clothing stores).
- restaurants or cafes.
- hair salons or beauty clinics.
- supermarkets or pharmacies.
Retail leases are governed by the Retail Leases Act 1994 (NSW), which provides special protections and regulations to ensure fairness between landlords and tenants in the retail sector.
Why do I need a commercial leasing lawyer?
A commercial leasing lawyer is essential to help you navigate the complexities of a lease agreement. They ensure that the terms of the lease are fair, clear, and in line with your business objectives. Your lawyer will also advise you on critical matters such as rent review clauses, tenant obligations, dispute resolution and protecting your interests in the long term.
What should be included in a commercial lease agreement?
A comprehensive commercial lease agreement should include:
- Lease term (length of the lease and renewal options)
- Rent and payment terms (amount, frequency, and any rent review clauses)
- Maintenance and repair responsibilities
- Security deposits and insurance
- Permitted use of the property
- Termination and exit clauses
- Dispute resolution procedures
Your commercial leasing lawyer can help ensure all these aspects are correctly addressed, preventing future issues.
What are rent review clauses in a commercial lease?
A rent review clause in a commercial lease allows for adjustments to the rent during the lease term. These clauses typically allow the landlord to increase rent based on market conditions, inflation, or a fixed percentage. Understanding how rent reviews work in your lease is crucial, and a commercial leasing lawyer can explain the terms to avoid any surprises.
What is the difference between a leasehold and freehold property?
- Leasehold property means you lease the property from the freeholder (landowner) for a specific period (e.g., 10, 20, or 99 years). You are required to pay rent and maintain the property according to the lease terms.
- Freehold property means you own the property outright, including the land. You are responsible for all maintenance and can lease it to others if you wish. A commercial leasing lawyer can guide you on which option best suits your business needs and goals.
What is a commercial lease break clause?
A break clause in a commercial lease allows either the landlord or tenant to terminate the lease before the agreed expiration date. A break clause is usually subject to certain conditions, such as providing notice within a set time frame or paying an early termination fee. It’s crucial to fully understand the implications of a break clause when negotiating your lease.
How long does a commercial lease last?
Commercial leases typically last between 3 and 10 years, but the duration can vary depending on your business needs and negotiations with the landlord. Shorter leases offer more flexibility, while longer leases may provide stability and potentially lower rental rates. Your commercial leasing lawyer can help you choose the right lease term that aligns with your business strategy.
What happens if a commercial lease expires?
If a commercial lease expires, the tenant may have the option to renew the lease, or the landlord may decide to terminate the lease. Some leases include automatic renewal clauses, while others require the tenant to exercise their option to renew. Failing to exercise your option to renew during the time specified may mean losing the favourable terms of your current lease or losing the lease altogether. Your commercial leasing lawyer will ensure you are aware of any critical dates.
Can a commercial lease be transferred to someone else?
Yes, in some cases, a commercial lease can be transferred or assigned to another person or entity. This is called lease assignment. However, the landlord’s consent is typically required. Some leases prohibit assignments or include conditions that restrict the tenant’s ability to transfer the lease. A commercial leasing lawyer can help you understand the assignment clauses in your lease and negotiate favorable terms.
What are the typical costs involved in commercial leasing?
Commercial leasing costs vary depending on the property and lease terms. The primary costs include:
- Base rent: Paid monthly or quarterly.
- Outgoings: may include local government rates, water and sewerage service and usage charges, electricity, building insurance, common area maintenance charges, management fees, waste disposal and cleaning services, strata fees, land tax.
- Insurance: In most cases, tenants are required to insure the property and take out public liability cover.
- Legal fees: your lawyers professional fees for drafting or reviewing the lease agreement, and if required, fees to register the lease on the title of the property and obtain the mortgagee’s consent.
A commercial leasing lawyer will ensure all costs are transparent and explained before you sign the lease agreement.
What is the difference between a fixed-term and a periodic commercial lease?
- Fixed-term lease: A lease with a set start and end date, providing certainty about rent and tenure. This is often preferred by businesses that need stability.
- Periodic lease: A lease that automatically renews, typically on a monthly or yearly basis. It is more flexible but can be less secure for tenants.
Can I negotiate my commercial lease terms?
Yes, most commercial lease terms are negotiable. Landlords often have flexibility on rent, lease duration, and other clauses, depending on the market conditions and tenant profile. A commercial leasing lawyer can help you identify key areas where negotiation is possible and ensure that your business interests are well-protected.
What happens if I breach a commercial lease agreement?
If you breach a commercial lease agreement, such as failing to pay rent, causing damage to the property, or violating lease terms, the landlord may have the right to terminate the lease, impose penalties, or take legal action for damages. A commercial leasing lawyer can guide you on how to handle any breaches, protect your business, and negotiate with your landlord.
Is it necessary to register a commercial lease in New South Wales?
In New South Wales, it is mandatory to register a commercial lease with NSW Land Registry Services if the lease term exceeds 3 years. For leases that are 3 years or less, registration is not mandatory. However, even if registration is not legally required, it is often recommended for longer leases to protect both the tenant’s and landlord’s rights.
What are the benefits of registering a commercial lease in New South Wales?
Registering your commercial lease offers several key advantages:
- Legal Protection: Registration provides legal priority and notice to third parties (e.g. prospective buyers or lenders), ensuring that your lease is respected even if the property changes ownership.
- Security for Tenants: For business tenants, a registered lease offers added security, making sure that your rights are legally protected, especially if the premises is sold or in the case of disputes.
- Enforceability: Registered leases are legally binding and enforceable, providing assurance that your lease terms will be upheld, regardless of any future property transactions.
If you have any other questions or need assistance with a legal matter, feel free to contact us. We are committed to offering clear, professional, and affordable legal services.
What is commercial leasing?
Commercial leasing refers to the process of renting property for business purposes, such as office spaces, retail outlets, or industrial buildings. It is a legally binding contract between a landlord and a tenant, outlining the terms and conditions for the use of the property.
Navigating the terms of a commercial lease can be complex. It’s important to understand your rights and obligations fully. Our experienced commercial property lawyers can guide you through every step of the lease process, ensuring you negotiate the best terms and protect your business interests.
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Serving Clients Across New South Wales
No matter where you are in New South Wales, we’re here to help. Thanks to technology, the majority of our services can be handled remotely, making it easy for us to assist you wherever you may be.
Simply give us a call, drop us an email or use the calendar to schedule a 15 minute online meeting at a time that suits you best.
If you’re in the Illawarra region and would prefer to meet in person, we’re happy to come to you.