Real Estate & Property Lawyer

Whether it is transferring your property, buying and selling a property or entering into a lease, our property law team can help make it as simple as possible to understand so you can have peace of mind!

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Comprehensive End-to-End Property Legal Advice

Whether you want a simple and stress-free or a complicated process ultimately depends on your decision to choose the correct expert for advice. Therefore, engaging a trained property professional who can protect you from legal mistakes, penalties and breach of contract and advising you on updates in property law is crucial.

Engaging with our experienced specialist property law team at JS Law Group is a cost-effective investment manoeuvring you away from any legal pitfalls. We are committed to delivering timely, proactive, plain language and easy to understand advice. This will make your conveyancing journey a stress-free, transparent and predictable experience.

We Work With Different Industries

We provide a broad range of property conveyancing and real estate related legal services for:

investors;
owners;
private clients;
family trusts;
developers;
landlords and agents;
business entrepreneurs ;
family businesses;
professionals;
and have acted for a wide range of local and international clients.

What Are The Common Issues?

Loan: It is advisable to get unconditional finance before you bid at an auction. We have connections with brokers and lenders to assist and expedite your loan application.
Cost involved: The common issues faced by many buyers are that they are unaware of the ancillary costs involved in a purchase, hence will be caught off-guard when it comes to settlement. In addition to legal fees, a buyer may anticipate fees for insurance, registration fees for the transfer and mortgage, transfer duty, certificate fees charged by water, utility, roads and relevant authorities, adjustment fee paid for council, land tax, strata levies and water rates, goods and services tax and miscellaneous expenses. If land tax is marked ‘adjustable’ on the contract, you will need to contribute to the Vendor’s land tax at settlement. This is an additional one-off cost.
Transfer duty and land tax: Many people are unaware of the implication of transfer duty and how it works. You must pay transfer duty when you buy property, including your home or holiday home, an investment property, vacant land or a farming property, commercial or industrial properties, a business, which includes land.
Transfer duty will be payable for the transaction prior to settlement or on settlement, whichever is earlier depending on the nature of the property, the state in which the property is located and the purpose of the purchase (i.e. whether you’re purchasing the property for investment or for your own occupation). You must pay transfer duty based on the sale price of the property or the current market value of the property, whichever is higher.
Foreign purchasers: If you are a foreign person, under the Foreign Acquisitions and Takeovers Act 1975, you must get the approval of the Foreign Investment Review Board before purchasing any property in Australia. There are many conditions which you need to fulfil as a foreign purchaser.

What can JS Law Group offer to minimise your legal risk?

As the buyer’s solicitors, we carefully review the contract and negotiate any changes before the parties sign and the buyer pays the deposit.
During the cooling off period, the purchaser can obtain building and pest reports (highly recommended), arrange for finance approval and negotiate special terms and amendments to the contract if required. We will remind you of your finance due date and expiry of cooling off period so that you can make an informed decision.
Most contracts are based on the satisfaction of certain conditions concerning pest, strata and building inspections, financing, and a variety of property searches. As the buyer’s solicitor, we would order and review the title and property searches from the relevant authorities, check if there is a swimming pool compliance certificate and building certificate and provide advice on restrictions or possible lawful issues regarding the property therefore giving you the peace of mind.
When we act as solicitors for purchasers, we provide advice to our clients in relation to the content of an updated planning certificate prior to exchange focusing particularly on the purchaser clients’ rights in relation to rescission, noting that an older planning certificate will not of itself give rise to a right to rescind.
The standard contract generally provides that the property remains at the risk of the seller until settlement. However, we always recommend a purchaser to purchase the appropriate insurance to cover himself / herself from the contract date, especially title insurance.
We will also liaise with your broker and lender in preparation of your file towards a smooth settlement, ensuring that you complete within the timeframe without losing your deposit and paying any penalty interest, especially where time is of the essence. On the completion date, the buyer, seller and lender will exchange legal documents when the remaining purchase price is paid, and the property is transferred into the purchaser’s name. As your solicitor, JS Law Group will take away the stress in your settlement process to ensure there is no delay and keep you informed on the settlement day.
After settlement, relevant authorities like council and water authorities must be notified of the change in ownership so that future bills are sent to the correct owners. We will ensure that this is done, and the transfer documents are lodged with the land titles office so that you have an indefeasibility of title. In Queensland, after the land is transferred, there will be a registration confirmation statement evidencing the transfer of property into the purchaser’s name. At JS Law Group, we will take care of this for you.

Our Property Services

What Our Clients Say

Positive: Professionalism, Quality, Value.

I am currently in the process of buying a franchise and came to Roshni for some advice. Let me tell you she is not only efficent but also goes above and beyond your expectations also the fixed price packaging that was offered blew me away with the amount of work that was required. I couldnt say a bad thing about the service i received it was extreamly professional and also mindful of the time frames we had to work with. i would highley reccomend using Roshni and Beaches Law for all your needs.

Greg Muoio

Rosh, Fred and Jenny handled the sale of my property professionally, helping out everywhere, dealing with all the questions and other solicitors requirements making it smooth and easier on me

Scott

Positive: Professionalism, Quality, Responsiveness, Value.

Roshni is super-efficient, extremely professional and always had a reply for us within 24hrs. I found her really approachable and down to earth. Highly recommend!

Larissa Laughton

Roshni was fantastic. She gave me some excellent advice and went above and beyond in terms of understanding my situation and working to budgets and timeframes. Thank you, I'm looking forward to working more together going forward!

Richard Eaves

Great service. Roshni was very professional when handling our property settlement. She guided us through the entire process and ensured that we understood every detail and what was expected of us. Would definitely recommend her services.

C King

I highly recommend Roshni and her team for their efficient, knowledgeable and reliable service. With Roshni, you will get the best representation and legal advice, bar none!. Roshni has helped many of my clients and family members and will continue to do so!

Benny Dubria

Roshni responded to an enquiry I made on their website the next day. From then on Beaches law were professional and efficient in helping me with a conveyancing matter. I would, and have, recommended this law firm to my friends and family. Thanks again.

Danny Rose

Roshni and the Team were fantastic to deal with and made sure our settlement went smoothly and efficiently. Thanks for your effort.

Travis Laughton

Extremely easy and pleasant experience. Didn’t have a regular solicitor and on referral used Rosh. The whole process which was over several months could not have been easier and at a very fair price. Highly recommend!

Grant Scurr

Roshni was extremely helpful and made the process of settlement easy. Her attention to detail and knowledge of the law allowed us to apply and get granted for a significant stamp duty concession, saving us thousands of dollars. Thank you Roshni! Highly recommended.

B Dub

Why Choose Us?

Specialist Knowledge

Our lawyers provide top tier legal advice across commercial, corporate & property law.

We Care About Our Clients

Our caring & supportive approach to helping clients means our lawyers can come to you, are available after hours or on weekends, if you need them.

Flexible Pricing Arrangements

We provide flexible pricing arrangements (including fixed fees or paying in stages), in order to give peace of mind to our clients and to ensure that costs are never a surprise.

Quick Turnaround

We use cutting edge, cloud-based technology to provide top tier documents & effective and efficient legal advice.

Frequently Asked Questions

Will I get a refund of my full deposit paid when I terminate the contract during cooling off period?

If you do decide to rescind the contract during the cooling off period, you will lose 0.25% of the purchase price.

Why is the residency status of the Purchaser important in determining the amount of transfer duty payable in NSW?

For the purposes of determining surcharge purchaser duty liability, an individual acquiring an interest in residential-related property in NSW is not considered a foreign person if they are an Australian citizen or ordinarily resident in Australia.

In NSW, for a permanent resident to enjoy the transfer duty applicable to a citizen, the purchaser must ordinarily be a resident in NSW. This means that the purchaser must be in Australia and his/her continued presence in Australia must not be subject to any limitation as to time imposed by law. The purchaser must prove that he/she has actually been in Australia for at least 200 days within the 12 months period prior to the liability date otherwise he/she will need to pay foreigner’s surcharge on transfer duty. If you buy a home off-the-plan and intend to use it as your main residence, you may be eligible to defer your transfer duty for up to 12 months.

What is a planning certificate?

Planning certificates are a key source of information for the public. They provide information about planning and other development controls that apply to a specific parcel of land. The information includes land zoning, the applicable planning instruments and policies, planning controls, hazards and risks. This certificate must be attached to a contract for the sale of the land. The key role of planning certificates is to ensure that landowners, applicants and purchasers have clear, accurate and reliable information about the land to which the certificate relates.

How do I safeguard myself from unknown risks such as unapproved structures and encroachments on land in my purchase of land if they have not been disclosed to me or not visible on the contract?

Title insurance safeguards against any unknown risks such as fraud and forgery, unapproved structures, encroachments on land, illegal or unapproved building works, boundary and survey problems or title problems.

What is a sunset date and what are my rights as a purchaser?

In an Off-The-Plan contract, completion is usually conditional on the seller obtaining registration of the draft plan by a certain date, which is known as the Sunset Date. If a registration notice is not served by the Sunset Date, then the vendor can rescind the contract by serving notice on the purchaser at any time after the sunset date but before completion. The purchaser can rescind the contract by serving notice on the vendor after the completion sunset date provided that the draft plan has not, at the time of service, been registered.

What are the outgoings that I have to pay as a tenant?

The amount and type of outgoings you have to pay will depend on the type of property which you lease and it must be related to the use of the property. The possible outgoings are for services such as electricity, water and internet, council rates, taxes, management, security and cleaning fees.

What is the difference between a retail and a commercial lease?

In a retail lease, lessees are offered protection against unconscionable or deceptive conduct by the lessor. As a lessor in a retail lease, you cannot pass the lease preparation costs to the lessee. In commercial leases, tenants are usually responsible for the landlord’s legal costs. In cases of dispute, in a commercial lease, either party can initiate proceedings without mediation. However, retail leases require mediation before going to the NSW Civil and Administrative Tribunal to resolve the dispute.

In a commercial lease, the lessor’s real estate agent is usually responsible for holding onto the security deposit. However, in a retail lease, the NSW Fair Trading office holds all security deposits. In a commercial lease, a lessee can transfer the lease to a third party as specified in the lease agreement. However, in a retail lease, the Retail Leasing Act 1994 governs third-party transfer. Overall, the primary difference is that commercial leases require the lessee to negotiate a lease that will not be onerous or unjust due to the lack of legislative protection.

Can I transfer an online bond to another property?

No, you will need to refund the bond and create a new online lodgement for the new property.

Can I transfer my lease to someone else in NSW?

A lessor / landlord must give written permission to the lessee / tenant to sublet or transfer any part of the property. If a lessee / tenant does this without the lessor/ landlord’s consent, the lessee / tenant is in breach of the terms of the lease.

Can I gain early access to the property before the commencement of the lease to do some fitting out works?

If there is an existing tenant in the premises and the tenant is vacating shortly before the commencement of your lease, it is more practical and beneficial for you to request a rent-free period while you carry out fit-out works before the lease commencement date. You will not have to pay rent during this period but you may have to pay for the utilities you use. In this respect, you will be occupying the property under a license agreement.