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Property Law


Showing a Property

Property Development

Our areas of property development expertise include:

♦  preparation of contracts for vacant land both registered and unregistered, off the plan and options to purchase

♦  due diligence enquiries

♦  developer’s conditions

♦  registration of survey plan

♦  preparation of easement documentation

♦  split titling

♦  conveyancing

Set Up / Buying Selling a Business

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 or selling 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 (if buying) 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 guarantees.

We will advise you on state and government charges and stamp duty.

Ask us about the legal costs and the processes involved in setting up. purchasing or selling a business.

Commercial Transactions

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 and keep ourselves up to date with any government changes.

We do represent buyers or sellers on a regular basis and our team has been in the business a long time and therefore can provide you with the benefit of experience.

Buyng or Selling Commercial Property

Buying and selling any type of commercial property such as industrial, warehouse, office and warehouse, office, retail shop, vacant land, strata-title and off-the-plan requires expert legal assistance.

Hogan Stanton Lawyers have been handling commercial property transaction since 2004 and can offer you a comprehensive review of your sale or purchase contract to ensure that it reflects the deal you’ve agreed.

We will also check that the contract includes any specific clauses you require to protect your position given the potentially higher risks inherent in these transactions.


Our team is experienced in acting for landlords and tenants for all types of properties including but not limited to:

                                         ♦  professional  ♦  commercial  ♦  retail shop  ♦  industrial  ♦  urban

When acting for a landlord, the landlord’s solicitor usually prepares the lease. Hogan Stanton Lawyers can prepare a hassle-free lease which contains all the relevant terms and conditions to protect your ownership and clearly identifies 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:

♦  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

♦  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

♦  You should have a solicitor thoroughly check the lease before you sign for your protection and to minimise disputes

♦  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

♦  You negotiate on the terms of the lease to ensure that its terms are fair

♦  We check that the lease reflects the commercial terms agreed to

♦  We establish if a mortgagee’s consent to the lease is needed

♦  We ensure the title to the premises to be leased is clear

♦  We advise you on the operation of the relevant retail shop leases legislation

♦  We advise you on your responsibilities under the body corporate rules if the premises are part of a community title

♦  We advise you of the effect of easements or other competing interests

♦  We advise you on your obligations under the lease

♦  We advise you on whether the lease needs to be registered to protect your rights

♦  We advise you on government fees and charges

Please ask us about the legal costs in settling your lease.

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