Real Estate & Property Law

Before you sign a sale contract to secure a property, you should speak to us first. During our initial meeting, our Sunshine Coast lawyers will advise you about the finer details of the Contract, covering key aspects such as:

• Your intended use of the property and any included assets.

• Your ability to pay the deposit and the proposed payment schedule.

• How you plan to finance the purchase, including pre-approval status.

• The types of searches needed and essential building and pest inspections.

• Insurance requirements.

• Our advice on the most suitable purchasing entity for you (in consultation with your other professional advisers).

• Additional conditions or any unique requirements you may have.

When purchasing a property, land or commercial property, remember to engage us first. There are multiple due diligence searches and inspections that should be carried out to identify any potential problems or risks that could affect the value of the property, and assess whether the property is a good fit for your needs. We suggest making the Contract subject to Due Diligence. When you engage our property law team on the Sunshine Coast, we will advise you on the types of searches and inspections to arrange. Remember to let us review the Contract prior to signing.

An off-the-plan purchase involves entering into a contract with the developer or builder based on the proposed plans and specifications. From contract review and negotiation to assistance with finance and settlement, our conveyancing lawyers will help protect your interests and ensure a smooth transaction. Read our blog for more in-depth information about purchasing a property off-the-plan.

Put and Call Option Agreements are contracts that allow a buyer to secure a property at a good price and give the seller the option to sell the property. The buyer can require the seller to sell (Call Option), and the seller can require the buyer to purchase (Put Option). These options can be exercised within a specified timeframe called the Option Period. If the buyer doesn't exercise the Call Option, the seller can exercise the Put Option, making the buyer purchase the property. However, it's essential to carefully review the terms and conditions before entering into these agreements due to associated risks.

We manage every aspect of Family Law Transfers in accordance with property settlement agreements or as directed by the Court. As your trusted real estate and conveyancing lawyers on the Sunshine Coast, we handle encumbrances such as mortgages on the property and submit the transfer documentation to the Office of State Revenue. Note that most transfers under Family Court orders or financial agreements are exempt from duty.

All body corporates in Queensland regulated by the BCCM Act must have a Community Management Statement (CMS) that establishes and contains essential information for the body corporate. The CMS is recorded with the Queensland Land Title registry and can be updated if changes are made. It is created after the development is completed and submitted to the council for sealing. The CMS includes the body corporate's legal name, regulation module, lot entitlements, by-laws, scheme details, and exclusive use areas.  We provide legal advice and expertise in regard to establishing a CMS that outlines the rights and obligations of all parties and register the CMS with the Titles Office on your behalf. For expert assistance in drafting a CMS or understanding your rights and obligations, contact our expert team.

The State Government (Titles Queensland) maintains a register that records ownership and legal interests of all land and water allocations in Queensland. When you buy, develop, or subdivide a property, our real estate & property law team will prepare the appropriate transfer documents and carry out the required Verification of Identity to ensure that the title records are registered correctly.

Our Property Development Lawyers assist developers, large and small, with their commercial and residential projects. We manage everything from structuring deals to obtaining approvals and administering contracts. We liaise with the Surveyors and Titles Office, prepare Off-the-Plan Contracts & Disclosure Statements, Easement & Covenant documents, and oversee the process to ensure that every step runs as smoothly as possible.

An Easement provides a person with the right to enter and/or use another person's property for a specific purpose. Some common examples of Easements include a right of access, such as a shared driveway or road (known as a right of way) and a right to deliver services such as telephone lines, power lines, water or sewerage pipes to another person's property (known as a Services Easement). For an Easement to be created at law, it must be registered at the Department of Resources ('Titles Office'). 

A Covenant is an agreement that creates an obligation on a party (either requiring the performance of an action or restricting a specific action). Like an Easement, a Covenant must be registered at the Titles Office to create a legal interest. A common example is Vegetation Covenants, which are for preserving specific areas of land. 

It is imperative that any covenants and easements that may exist over land you are proposing to purchase are identified and investigated, as these may impact your proposed use or development of the land. 

Acquiring an investment property under an SMSF entails distinct conditions, requirements, and considerations compared to direct purchases from the general real estate market. Factors such as the property type (commercial or residential), SMSF borrowing restrictions (including how loan repayments are to be made), related party transactions, adherence to market rates, and purchase price regulations must be taken into account. Due to the heightened regulatory nature of SMSFs, it is important to work with conveyancing solicitors who understand the intricacies of SMSF property ownership on the Sunshine Coast. 

Read our blog for more in-depth information about buying property in an SMSF.