Buying or selling property

Getting it right on both sides of a property transaction

Whether you are buying your first home, adding to an investment portfolio or selling a property you have held for years, the process involves more than exchanging contracts. The legal and financial dimensions of property transactions can be complex, and the consequences of getting them wrong can be significant. Clear advice and careful attention at each stage of the process can help protect your interests and support a smooth outcome.

Buying property

Purchasing property  for most people is one of the greatest financial commitments they will make. Understanding what you are buying, on what terms, and with what obligations attached is essential before you commit.

Work in this area may cover:

• Reviewing contracts for sale and advising on key terms and conditions
• Advising on cooling off rights, deposit arrangements and exchange mechanics
• Identifying title issues, encumbrances, easements and other matters affecting the property
• Reviewing strata, community title and owners corporation arrangements where relevant
• Advising on stamp duty, land tax and other transaction costs
• Considering how the property should be held and the structural implications of ownership through individuals, trusts or companies
• Aligning the purchase with broader estate planning and wealth structuring objectives

Careful attention before exchanging signed contracts can help avoid complications that are far more difficult and costly to resolve after contracts are signed.

Selling property

Selling a property involves its own set of obligations and considerations, from preparing the contract and making required disclosures to managing settlement and any post-completion obligations.

Support here may include:

• Preparing contracts for sale and advising on vendor disclosure obligations
• Advising on conditions, deposit arrangements and settlement mechanics
• Managing title and dealing with any issues that arise in the lead up to settlement
• Advising on capital gains tax implications and timing considerations
• Reviewing any existing tenancy, lease or occupancy arrangements that affect the sale
• Considering the implications of the sale within a broader estate or succession plan

A well-managed sale process can reduce stress and help ensure the transaction proceeds on terms that reflect your interests.

Property held in structures and investment portfolios

For those who hold property through trusts, companies or self-managed superannuation funds, or who are building or managing an investment portfolio, additional considerations come into play around how transactions are structured and how obligations are managed.

This may extend to:

• Advising on the acquisition and disposal of investment properties held through structures
• Reviewing trust deed and corporate constitution provisions relevant to property transactions
• Addressing land tax, duty and CGT considerations specific to property held in structures
• Advising on SMSF property acquisition requirements and compliance obligations
• Considering how changes to a property portfolio interact with estate planning and succession arrangements

Understanding how a transaction fits within your broader financial and structural picture can help avoid unintended tax and legal consequences.

Practical and considered advice

Property transactions are significant events and the advice around them should reflect that. The focus is on making sure you understand what you are committing to, that your interests are protected throughout the process and that the transaction fits within your broader personal and financial circumstances.