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January 17, 2019 By Shire Legal

Your obligations regarding maintenance of the property you have just sold

Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the … [Read more...]

Filed Under: News, Property, Property Law Tagged With: buying property, Melissa Lammers, pre-settlement inspection, Property Law, property sale, Property settlement, selling property, Shire Legal

October 3, 2018 By Zaliet

When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?

Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant.  The need or desire to transfer the lease can arise in a number of … [Read more...]

Filed Under: Property, Property Law Tagged With: Melissa Lammers

August 22, 2018 By Zaliet

The importance of having a co-ownership agreement

If you have purchased a property with someone else, it is likely that you’ve at least had an initial chat about sharing the costs of owning the property – but have you discussed what happens if one of … [Read more...]

Filed Under: Property, Property Law Tagged With: Melissa Lammers

December 4, 2017 By Shire Legal

What’s the parking situation like? Important lessons for property purchasers and agents

Property purchasers and especially real estate agents should take note of a Supreme Court decision handed down last week in relation to representations made regarding a property’s right of way (aka … [Read more...]

Filed Under: News, Property, Property Law Tagged With: Australian Consumer Law, consumer law, easement, Melissa Lammers, misleading or deceptive conduct, Property Law, property purchase, purchasing property, real estate agent, right of carriageway, right of way

November 1, 2017 By Shire Legal

Why you need to know about outgoings

What are outgoings? Outgoings are expenses incurred by the landlord arising out of its ownership of the premises. Typical outgoings include: Taxes fees and charges – e.g. Council rates, … [Read more...]

Filed Under: Business, Business Law, News, Property, Property Law Tagged With: Business Law, commercial lease, Disclosure Statement, Melissa Lammers, outgoings, Property Law, retail lease, Retail Leases Act

September 21, 2017 By Shire Legal

Why our clients love PEXA

PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client? To name just … [Read more...]

Filed Under: News, Property, Property Law Tagged With: conveyancer, conveyancing, electronic conveyancing, PEXA, Property Law, property purchase, property sale, Vicki Stokes

April 24, 2017 By Shire Legal

Surcharges on stamp duty and land tax for foreign persons – will it affect you?

The New South Wales Government introduced legislation last year bringing into effect surcharges on stamp duty and land tax, to be payable on residential property purchased or owned by anyone falling … [Read more...]

Filed Under: News, Property, Property Law Tagged With: conveyancer, conveyancing, Duties Act, Foreign Acquisitions and Takeovers, foreign person, investment property, land tax, Property Law, property purchase, purchaser, purchasing property, stamp duty, Vicki Stokes

March 16, 2017 By Shire Legal

Do you know how to exercise your option to renew your lease?

Commercial leases typically are for a fixed initial term of, say, 3 or 5 years, with an “option to renew” period of a further 3 or 5 years.  The lease document will note the specific dates within … [Read more...]

Filed Under: News, Property, Property Law Tagged With: commercial lease, landlord, leasing, lessee, lessor, Melissa Lammers, option to renew, Property Law, renewal, retail lease, tenant

February 8, 2017 By Zaliet

Extra steps for property sales over $2 million

As you may be aware, owners of certain types of property are required to pay capital gains tax when the property is sold.  This is normally accounted for when the vendor does their next tax return.  … [Read more...]

Filed Under: Buying property, Property, Property Law, Property purchase, Property Sale, Selling property Tagged With: ATO, Australian Taxation Office, buying property, capital gains tax, Clearance Certificate, conveyancer, conveyancing, foreign company, foreign resident, Property Law, property purchase, property sale, selling property, Vicki Stokes, withholding tax

December 6, 2016 By Zaliet

Which real estate agent is entitled to the commission?

Shire Legal acted for a client purchasing a property at Burraneer through a local real estate agent.  The client had first seen the property 12 months prior when he was not seriously in the market to … [Read more...]

Filed Under: Property, Property Law, Selling property Tagged With: Commission, Effective cause, High Court, Melissa Lammers, Property Law, real estate agent, selling property

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