Brisbane Commercial Conveyancing

Property Law

Our commercial conveyancing lawyers aim to deliver a stress-free process and will ensure you meet all your legal obligations when transferring a business-related property.

Our firm is one of Brisbane’s leading teams in the field, with extensive experience in commercial property transactions. We understand the best way to navigate the large number of legal issues and complexities that can arise when disposing of or acquiring real estate.

Our commercial conveyancing services include:

  • Buying or selling office space
  • Buying or selling retail space
  • Buying or selling industrial buildings
  • Buying or selling dental practices, medical rooms, and veterinary clinics
  • Buying or selling childcare centres
  • Buying or selling off-the-plan commercial developments

When you are buying or selling business-related real estate, it is imperative that you receive the right legal advice to ensure that your interests are protected. There are a number of complex matters to take into consideration during the process, including commercial or retail leases, land tax, town planning and zoning implications, the permitted use of the land, and GST.

Attwood Marshall Lawyers is a PEXA-certified e-conveyancing law firm. Our electronic services give you greater certainty that your settlement will happen on-time, without the risk of errors or delays happening along the way. The advantage of a digital property settlement also means sale proceeds are processed as clear funds to the seller’s nominated bank account, which means money changes hands quickly and securely.

Buyers can also have peace of mind as registration of ownership happens instantly.

Our Brisbane property lawyers will ensure your property transaction is handled with great attention to detail and regard throughout the entire process. We will keep you updated every step of the way.

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FAQs

Commercial conveyancing is the process of buying or selling a commercial property (such as retail spaces, industrial buildings, medical practices, etc.). It is generally a more extensive process than that of residential conveyancing. As part of a commercial conveyance, your property lawyer will investigate the permitted use of the land, town planning and zoning implications, the details of any retail or commercial leases in place, land tax, and GST. Due diligence processes must also be undertaken to review the property and determine if there are any conditions that may affect the seller’s ability to transfer title to the buyer.

Residential conveyancing and commercial conveyancing processes are similar in that they both involve the transfer of freehold land. Commercial conveyancing is generally a more involved process as there are additional complexities that must be considered due to the nature of this type of property transaction.

Commercial conveyancing will:

  • Review any commercial or retail lease in place. The lease would have been negotiated between the landlord and the tenant, and it is important to be aware of the terms of the lease and rights of the tenant before you purchase the property;
  • Consider restrictions surrounding the use of the property;
  • Require due diligence to be undertaken;
  • Consider tax implications.

Due diligence is an essential part of commercial conveyancing. The due diligence process should ensure that all the applicable enquiries have been made to assure the buyer that they are making a suitable investment. The due diligence process involves undertaking land and property searches, obtaining pest and building reports, local Council and other relevant searches, and a comprehensive review of any retail or commercial leases in place, and tenant conduct.

No two property transactions are the same, therefore Attwood Marshall Lawyers will always consider every transaction on its own merit and determine what needs to be investigated and considered to be able to provide trusted and personalised advice.

Generally, the conveyance of a commercial property involves:

  1. The seller and buyer will obtain independent legal advice and accounting advice as to the correct entity to appear on the contract.
  2. The seller and buyer will obtain independent legal advice regarding the terms and conditions within the contract, including any special conditions that must be included.
  3. Once the seller and buyer have agreed on the contract, both parties will sign the contract and the critical dates will be set.
  4. Once the contract becomes unconditional, both the seller and the buyer begin preparing for settlement. At this stage, the seller and buyer (or their lawyers) will organise the exchange of documents, calculation of settlement adjustments and the transfer of land in accordance with the title’s office requirements.