Property and Real Estate Services

Residential Transactions

Buying and selling residential property is one of the most critical legal transactions of your life and it is therefore of the utmost importance that you receive plain English, no-nonsense advice on the laws that affect your transaction.

Ramsden Lawyers will advise you on your contract, protect your rights, and settle your property transaction on time. Our experienced team will guide you through each step of the transaction, and cut through the complexities involved, to ensure that your sale or purchase proceeds without unnecessary delay or stress.

If you are selling your residential property, we have the knowledge and expertise to help you devise a suitable contract that will ensure you receive the most value for your property and help you avoid any issues that may impede or adversely affect the sale. If you are employing a Real Estate Agent to sell your property, we can also provide you with advice on the contract by which you hire your Agent. By seeking our advice on these matters before entering into any agreements, you can avoid costly disputes that may arise in the future.

If you are buying a residential property, our experienced team of conveyancers and solicitors can help make your purchase enjoyable and stress-free. We offer comprehensive advice on contracts that will help you avoid potential disputes and ensure that your purchase goes ahead without incident. We can also provide you with advice on how to protect your interests and your investment by making your contract subject to receiving finance on terms that are satisfactory to you and to pest and structural building approval.

To make a formal offer to purchase a residential property, you will be required to complete a contract of sale and submit it to the seller for acceptance. If accepted by the seller, this offer becomes a legally binding contract. At Ramsden Lawyers we will protect your interests by ensuring that your offer is properly prepared and that it takes into account your specific needs and circumstances.

Commercial Transactions

Our clients who purchase and sell commercial property know they are well looked after by our firm when choosing us to act on their behalf. With commercial transactions involving a greater complexity to residential transactions, it is important to have a team that includes an accredited specialist in the area of Property Law, which at Ramsden Lawyers we are privileged to have. With most commercial transactions involving the need to have a thorough contract review (or redraft), we aim to have the measures in place to protect you as our clients as vendors and purchasers specifically. With significant Local Government experience, our clients can have the peace of mind to know that we ensure that the transactions are handled from all angles.

With commercial transactions involving an array of issues such as drafting suitable commercial contracts for specific industries, we also consider the due diligence process of purchasers in particular an integral aspect to commercial transactions that our property team takes seriously, and where there are leases, we aim to provide timely advice on all leases that affect the property in question. Together with our Commercial & Business team who work closely with one another on commercial transactions when consideration is given to the number of related commercial issues, we will always put your protection before anything else and ensure that you are advised throughout the process.

With Ramsden Lawyers having one of the most experienced and respected property teams on the Gold Coast, we are happy to boast that we have acted on some of the largest commercial transactions ever to be seen on the Gold Coast, that sets us apart from others and affirms us as a market leader in this area.

Property Development

To effectively invest in the property market, it is essential to obtain forward thinking advice that can effectively indentify emerging opportunities as well as anticipate potential issues or problems that may materialise.

At Ramsden Lawyers, we bring together core property expertise with financing, fund management and taxation knowledge to formulate innovative strategic advice. We are renowned for offering advice on tax-effective solutions and creative financing options that help ensure your property development reaches its investment potential.

Our knowledgeable staff provide timely and accurate advice that will assist you in every aspect of a real estate development project – from indentifying prospective investment opportunities to managing underlying assets. We always undertake proper due diligence to help ensure that no unanticipated issues disrupt your investment’s prospects, including speaking to local Council planning officers to determine if there are any specific proposals in place for the land or any adjoining land.

We apply our expertise in drafting and negotiating your contracts to help you make the most astute decisions today so you can avoid disputes that may arise in the future. We can guide you through agreements to supply or install materials and goods, professional services, building works and other services as well as day-to-day property management including security and maintenance contracts.

Having acted on a number of large developments in recent years, Ramsden lawyers are one of only a few firms who can truly claim to be market leaders in this area of law.

Body Corporate

Special provisions apply through the Body Corporate and Community Management Act to apartments or holiday units in community living complexes. Whether you are a unit holder in a Body Corporate or community title scheme, a Body Corporate representative, or a management rights owner, you can rely on dependable, professional knowledge and accurate advice when retaining our services.

At Ramsden Lawyers our solicitors specialise in all aspects of the legal issues that need to be considered by members of a Body Corporate. We have extensive knowledge of the laws and regulations that govern the operations of Body Corporate complexes and we always strive to ensure that our clients are protected from any adverse legal complications.

When purchasing a unit in a Body Corporate complex, the seller is required to provide you with a Disclosure Statement. Before you sign any contract, we can provide you with practical advice on important issues such as the amount of levies you will be required to contribute, your voting rights and the insurance that has been put in place by the Body Corporate.

If you are involved in a Body Corporate dispute, we can provide you with important information that will help you understand your obligations as well as protect your rights. The law provides that the Commissioner’s Office has exclusive authority to make orders to resolve a Body Corporate dispute. Such orders are usually final and it is therefore vital to have all the facts before making an application for dispute resolution. Ramsden Lawyers have experience representing all parties in Body Corporate and Community Management disputes and can offer you clear, easy to understand advice that will effectively safeguard your interests.

Leasing

Location is paramount in the success of a business. It is essential to secure your tenure in a property by entering into a lease that best protects your interests. The Ramsden team offers extensive experience in Queensland and New South Wales leasing, acting for both landlords and tenants, and includes the following speciality areas:-

• Agreements to Lease;
• Retail Leasing;
• Commercial Leasing;
• Industrial Leasing;
• Hotel Leasing; and
• Project Leasing.

We can prepare your lease or review and advise you in respect of a proposed lease having regard to:-

• Landlord and Tenant Rights and Obligations;
• Rent and Rent Review Processes;
• Date and Right to Occupy;
• Permitted Used of the Property;
• Term of the Lease;
• Renewals and Options
• Reinstatement Obligations;
• Incentives; and
• Fit out Works.

Our team also provides expert legal and commercial approaches to:-

• Offers to Lease;
• Compliance with the Retail Shop Leases Act 1994;
• Surrenders of Lease;
• Assignments of Lease;
• Lease disputes; and
• Notices on default.

We recommend that legal advice is sought prior to signing any lease documentation.

Business

Ramsden Lawyers provides expertise in business purchases and sales, including:-

• Franchises;
• Hotels including gaming;
• Food businesses;
• Retail establishments; and
• Commercial businesses.

The scope of work conducted in these transactions incorporates:-

• Preparing and negotiating contracts;
• Conducting due diligence enquiries and preparing due diligence reports;
• Business Name Transfers;
• Liquor Licence Transfers;
• Gaming Licence Transfers;
• Leasing Advice including compliance with the Retail Shop Leases Act 1994 and the assignment of Lease; and
• Advice regarding Franchise documentation.

Securities

One of the biggest obstacles to overcome when buying property is obtaining a suitable loan from a lender that will offer you competitive rates and professional service.

Competing lenders try to attract your attention by giving their mortgage products countless different names. As a result, it can sometimes be difficult to separate loan agreements that provide good value from those that are a drain on your personal finances.

At Ramsden Lawyers we understand that securing a finance agreement for your property purchase can be an extremely stressful experience. We endeavour to make this experience as painless as possible for you by offering reliable advice designed to assist you with finding a loan that meets your needs while recognising your unique financial situation. We provide all of our clients with a comprehensive analysis to help determine what type of finance agreement best achieves their desired objective.

Ramsden Lawyers can also put you in touch with a reputable mortgage broker to help you find the deal that is right for you. Brokers will come to your home or anywhere else convenient to you. There are over 30 financial institutions to choose from, including nearly all the major banks.

Ramsden Lawyers adopts a commercial/legal approach to business transactions which involves consultation with your accountant and financier to develop a tax effective and limited liability approach to acquiring and disposing of a business asset.