Property advisory lawyers

Due diligence, ownership structures, commercial property and owner obligations, in Newcastle and across the Hunter and NSW.

Property is most people’s largest asset, so the advice around it, before you buy, while you own, and when you sell, matters as much as the transaction itself. We advise on due diligence, ownership structures, commercial property acquisitions and your rights and obligations as an owner. We act from our offices in Newcastle, for clients across the Hunter and NSW.

How we help

We give you the information and structure to make sound property decisions. We:

  • Run pre-purchase legal due diligence and review the contract before you sign.
  • Advise on how to hold property: individually, jointly, through a trust, company or SMSF.
  • Advise on commercial property acquisitions, including leases, GST and environmental risk.
  • Advise on your rights and obligations as an owner, landlord or vendor.

Why clients choose Mullane Lindsay

Our property work is led by Michael McGrath, with experience across residential and commercial property. We work with your accountant or adviser so the legal structure fits your investment goals from the outset, because restructuring later is costly.

FAQs

Our team can manage the title search, contract review, planning and zoning searches, strata or owner’s corporation searches for apartments, and rates and land tax searches. Purchasers should also arrange building and pest inspections before signing a contract of sale. Australian property runs on buyer beware, so the burden is on the purchaser to investigate before you commit.

Individual ownership is simple but offers no asset protection. A discretionary trust offers asset protection and flexibility; a company is taxed at a flat rate and provides asset protection; and an SMSF can hold property under strict rules. Buyers should get tax advice and speak with our legal experts, ideally before you buy.

Due diligence is required on any existing leases. Income, the GST going concern exemption (which can make a tenanted sale GST-free if the conditions are met) and stamp duty should also be considered. Additionally, environmental due diligence (especially for industrial sites), development potential and planning, and complex title arrangements such as easements and covenants can also influence buying decisions. Our property lawyers are experienced in advising on these important factors that impact buying commercial property.

Before marketing a property for sale, a compliant contract that accurately reflects the property and the terms of sale must be prepared, and disclosure documents should be completed. Your lawyer will consider vendor disclosure obligations, including the prescribed documents required in the contract for sale; capital gains tax and whether accounting advice is needed before exchange; GST, particularly for new residential premises or commercial property; foreign resident capital gains withholding, including obtaining a clearance certificate where required. On settlement, any mortgages should be discharged.

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We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.

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