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Buying your home is possibly the largest investment decision you will ever make. When it's time to leave, how you sell your home is equally important. |
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We can help by making sure your precious asset is protected every step of the way - and that each step is a smooth one.
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| Buying or Selling House or Land/Unit |
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Whether buying or selling, the Hogan Stanton conveyancing team is special because: |
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we pride ourselves on our professionalism, on our commitment to quality and personalised service |
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the Principal, Michelle Hogan has been practising in property transactions since 1990 and is very experienced in handling all types of property transactions and disputes should they arise |
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a solicitor and not a conveyancing clerk will personally handle your conveyance with the property section of the firm headed up by the Principal, Michelle Hogan so you have experience on your side |
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you will speak to the person handling the file direct, not via voice mail |
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we keep you informed all the way through with solid legal advice |
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we ensure that you are ready to complete your transaction on time because we adopt a streamlined approach |
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we are cost effective - our retainer provides for a comprehensive level of searches at a fixed fee |
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Remember the old adage: |
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"you get what you pay for" |
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Why go to a cut-price conveyancer for your biggest investment to date? |
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| Buying or Selling Commercial Property |
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Buying and selling commercial property presents different challenges from buying or selling residential property. This is because the parties usually end up varying the standard form agreement. The terms of a commercial agreement will vary from transaction to transaction and may be different depending on whether the contract is drafted by the buyer's legal representative or the seller's legal representative in the deal. However, most sales involve many of the same issues.
Because we routinely handle real estate transactions we have a better idea of how to best negotiate your agreement. In addition, we are familiar with relevant state law and local practices.
We do represent buyers or sellers on a regular basis. Our Principal, Michelle Hogan has been practising in these types of transactions since 1990 and therefore can provide you with the benefit of experience. |
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Our areas of property development expertise include: |
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preparation of contracts for vacant land both registered and unregistered, off the plan and options to purchase |
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due diligence enquiries |
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developer's conditions |
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registration of survey plan |
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preparation of easement documentation |
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split titling |
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conveyancing |
| Refinancing and Straight Transfers |
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When it comes to refinancing your property, we can advise and assist you with all legal aspects and discuss your options in easily understandable terms. |
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If you want to acquire another person's interest in jointly held property, a refinance of the joint loan into your sole name is usually needed. Our team can efficiently prepare this transfer from the two names to yours, guiding you through the process from start to finish. |
| Property Dispute Resolution |
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When your home - and your way of life - is threatened by a property dispute, the cost is often not just financial but personal too. |
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The most common types of property disputes arise with your neighbours over fences, barking dogs, trees, damage, odour, noisy parties and other problems. These can be resolved in various ways. |
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As a property owner, you have rights. Defending those rights need not lead to litigation. We advise and guide mediation wherever possible before recommending the court system. We are also aware of the potential for win-win outcomes. |
| Buying or Setting up a Business |
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The best chance for the success of a new business is to get the right start with professional guidance from a solicitor.
Many facets of the law come into play while operating a business thus guidance on these matters before they become an issue may save you and your business.
Firstly, when setting up a new business or buying an existing business it is very important that you decide on your business structure. We can advise you on the structure which best suits your needs.
Next, if you are buying an existing business, serious negotiations usually proceed with the business broker handing you a draft contract. We strongly recommend you do not sign this without first seeking legal advice. However, if pressed by the brokering agent to sign and pay a deposit make sure you sign the contract with a special condition to the effect that it is subject to your solicitor’s approval with a full refund of the deposit if the purchase of the business does not go ahead.
We will study the terms of the contract to ensure that a wide range of issues are canvassed.
If a lease is involved with the set up or purchase of your business it is vital that you seek legal advice so that the lease document reflects your needs. Lease terms can be negotiated.
You also need to understand what is involved with financing your business, particularly your obligations under a loan and/or personal guarantee.
We will advise you on state and government charges and stamp duty.
Ask us about the legal costs and the processes involved in purchasing or setting up a business.
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Our team is experienced in acting for landlords and tenants for all types of properties including but not limited to: |
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professional |
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commercial |
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retail shop |
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industrial |
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urban |
| When acting for a landlord, the landlord’s solicitor usually prepares the lease. Hogan Stanton can prepare a hassle-free lease which contains all the relevant terms and conditions to protect your ownership and clearly indentifies all rights and responsibilities of both the landlord and tenant.
If a retail shop lease, the landlord’s costs are paid by the landlord. In all other cases they are paid by the tenant.
When acting for a tenant we strongly recommend the following: |
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You do not sign a letter of offer or letter of intention, lease handed to you by the letting agent or pay any deposit without solicitor’s approval |
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You make sure you do not sign any document without ensuring you get a full refund of the deposit if the lease does not go ahead |
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You should have a solicitor thoroughly check the lease before you sign for your protection and to minimise disputes |
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If you a leasing a retail shop it is essential that you are fully aware of the provisions of the relevant legislation governing retail shop leasing |
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You negotiate on the terms of the lease to ensure that its terms are fair |
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We check that the lease reflects the commercial terms agreed to |
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We establish if a mortgagee’s consent to the lease is needed |
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We ensure the title to the premises to be leased is clear |
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We advise you on the operation of the relevant retail shop leases legislation |
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We advise you on your responsibilities under the body corporate rules if the premises are part of a community title |
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We advise you of the effect of easements or other competing interests
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We advise you on your obligations under the lease
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We advise you on whether the lease needs to be registered to protect your rights
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We advise you on government fees and charges
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Please ask us about the legal costs in settling your lease.
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