Looking to Do a Deal On a Commercial Property?
Speak to Our Corporate, Commercial & Business Property & Real Estate Lawyers in Melbourne Today!
Are you looking to do a deal on a commercial property in Melbourne?
Whether you are looking to sell, purchase or lease, or if you need help with another matter relating to commercial property, our property lawyers are here to help.
As experts in commercial, corporate and business property in Melbourne, we are able to advise you on all types of commercial transactions, from mortgage and loan advice and preparation, to best practices when dealing in commercial real estate and the laws and regulations that must be followed.
Commercial Real Estate Services Our Lawyers Can Help You With
Commercial Property Purchase & Sale
Purchasing or selling commercial property in Victoria can be complex. There are many laws and regulations that must be followed in order for it to be done according to the law and to protect your interests.
Our commercial property team are here to help you complete the purchase or sale of your commercial property as smoothly and quickly as possible.
We can assist you with all aspects of the commercial real estate transaction, starting with the initial due diligence where we carry out a comprehensive examination of the property, including title searches to identify any encumbrances or liens, environmental issues, and advice on recommended inspections of the physical condition of the property.
Our expertise in local zoning and land use laws also allows us to provide you guidance on how these laws may impact the use of the property.
From there we will help you with negotiation of the terms of the purchase or sale on your behalf, and draft or review the sale contract to protect your interests.
We will then guide you on the most effective way to structure the transaction from a tax and business perspective, including recommendation as to the creation of a legal entity such as a corporation or limited liability company to hold the property, if required.
If you are obtaining finance to purchase the property, we can assist with independent legal advice specific to company mortgages and guarantees.
Once the deal has been agreed on and the purchase is confirmed, we will oversee the closing process to ensure that all required documents are properly executed and recorded, and that the title is correctly transferred.
We will also help you to identify potential legal risks associated with the purchase or sale and suggest ways to manage or mitigate those risks, as well as any other matters or issues that may arise during the process. Basically, we are here to help with whatever comes up.
Commercial & Retail Property Leasing
If you are looking to lease a commercial or retail property, our team can help.
As experts in commercial and retail property leasing in Victoria, we are here to ensure that all aspects of the lease and its contracts are in line with your best interests, while also adhering to the law.
When it comes to commercial leasing, we are able to help with all aspects including:
- Drafting and reviewing lease agreements and disclosure statements for landlords
- Reviewing and negotiating lease terms for tenants and advising on tenant’s rights
- Advising on leasing strategy such as the ideal length of a lease, renewal options, rent increase provisions, tenant improvements and more
- Negotiating lease agreements for both landlords and tenants to help you secure favourable lease terms
- Resolving lease disputes
- Ensuring regulatory compliance with the Retail Leases Act 2003 and all associated relevant laws such as safety regulations, accessibility, zoning, and more
- Handling lease terminations and evictions
- Assisting with lease renewals, including negotiating variations or new lease terms
- Assisting with a transfer of a lease
- Interpreting lease terms to help you understand the terms of your lease agreement in plain English
- And more
Commercial Property Disputes and Litigation
If you find yourself in a dispute regarding a commercial property matter, you are in the right place.
As experts in commercial real estate law in Victoria, we are able to assist you with all types of disputes and litigation when it comes to commercial property.
Our team has extensive experience resolving commercial property disputes both in and out of court, and can help you with:
- Advice regarding your legal rights, obligations, the best strategies for handling disputes and the legal implications of various actions
- Negotiating and mediating in order to try and resolve the dispute before it goes to court
- Court representation, in the case that a dispute cannot be resolved through negotiation and mediation
- Enforcing court judgments
- Assisting with appeals if a court’s decision is not favourable
- Investigating and gathering evidence
- Drafting legal documents for dispute resolution
- Advice regarding managing risk and preventing future disputes
If you find yourself in a commercial property dispute, get in contact with our team now to discuss your options by clicking the button below:
Mortgage and Loan Advice & Preparation
If you are looking to get a mortgage or loan for a commercial property, our team can help you understand the terms of the loan.
Getting a mortgage or loan on a commercial property can be complex, and understanding the terms of the loan is crucial to ensure that you are getting a good deal.
We are here to advise you on:
- How to manage legal risk and how to protect your interests in the event of a default or dispute over the loan
- Understanding the loan terms and conditions, which can often be complex and can come with personal risk, even if the borrower is a company or trust
- Compliance with all relevant regulations and laws, and ensuring your rights are protected and you are not taken advantage of by unfair lending practices
- Conducting due diligence before taking out the loan including things like researching the lender’s reputation, checking for hidden fees and charges and ensuring the loan terms are fair and reasonable
- Resolving any disputes that may arise relating to the loan or mortgage
When it comes to preparing mortgage and loan documents for you, we are able to:
- Review the agreement reached between the parties and specific loan terms to ensure there are no potential legal or financial risks
- Draft the terms of the loan agreement to ensure the agreement is legally sound and enforceable to protect your interests
- Negotiate the loan terms to help you secure the best possible terms including things like interest rate, repayment terms and other important aspects
- Ensure the loan or mortgage complies with all relevant banking laws and regulations
- Prepare and register the mortgage documents with the Victorian Land Registry and ensure all necessary fees are paid
Make sure to speak to our team today if you are looking to enter into a mortgage or loan arrangement for a commercial property to ensure you are protected and get the best deal possible!
Guarantor Advice (Solicitor’s Certificate of Independent Legal Advice)
If you are obtaining a loan, lenders will often require a personal guarantee from the directors of the borrower company. If you agree to become a guarantor for a company loan (including a Self Managed Superannuation Fund (‘SMSF’) loan), lenders will often require that you obtain a Solicitor’s Certificate of Independent Legal Advice.
This certificate must be obtained from an independent lawyer and is designed to ensure that you fully understand the obligations and risks associated with being a guarantor of a loan.
In such cases, we are able to provide you with the Solicitor’s Certificate of Independent Legal Advice.
In order to obtain the certificate, the following steps must be taken:
First you need to meet with our lawyers to discuss the terms of the loan documents and the guarantee.
- Our lawyers will explain in detail what it means to be the guarantor in this particular case, and go over the terms of the loan agreement, your obligations and any potential consequences for you if the borrower defaults on the loan. They will make sure that you fully understand the liability you are taking on and the risks involved.
- Once our lawyers are confident that you fully understand the guarantee and the loan terms, they will issue the Solicitor’s Certificate of Independent Legal Advice. This document certifies that you have received legal advice from an independent lawyer and that you understand the implications and risks of becoming a guarantor.
- You will then be able to sign the guarantee. The lender will usually require a copy of the certificate before finalising the loan.
Obtaining this certificate ensures that you are informed and confident about the decision of becoming a guarantor, and protects both you and the lender by ensuring that the guarantee is legally sound and that you are fully aware of your obligations and risks.
If you need to obtain a Solicitor’s Certificate of Independent Legal Advice, speak to our team today by pressing the button below:
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