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Property Law & Conveyancing

Conveyancing

Residential Property (Acquisitions & Sales)

Mumfords have acted for buyers and sellers for in excess of 2 decades. With that degree of experience we come across many unusual scenarios and problems we have solved. At Mumfords we are quick to assess the issues and how best to protect your interests whether you are selling or buying.

The standard contract contains a lot information and detail; detail that needs to be examined and acted upon in the right way at the right time. If you are selling or buying real estate (land, house, unit, leasehold interests, farms) always call Mumfords before you sign a contract.

Mumfords can prepare detailed contract terms or negotiate fair special conditions quickly and efficiently to make sure that your conveyance goes from A to B smoothly and with your rights intact. Our fees are very competitive. Unlike our competition, Mumfords is not a conveyancing factory with queues of paralegals picking a file from a conveyor belt. It will start with a lawyer and end with a lawyer. Your results will always be certain with us.

We remind readers that conveyancing practice differs from state to state in Australia.

Commercial Property (Acquisitions & Sales)

The conveyance of commercial property has all of the features of residential conveyancing but with added complexities. The possibility of GST or capital gains tax must be carefully considered before the contract is entered into as well as zoning and permitted use. If the conveyance involves a lease then a whole new area of the law opens up. Whether it is providing you with preliminary advice or drawing complex contract terms and seeing the sale through to the end, our lawyers have the expertise to guarantee a successful settlement.

Retail Shop Leasing

Our lawyers advise on and prepare quality, Retail Shop Leases for both landlords and tenants.

For tenants:

The main difference between commercial leasing and retail shop leasing is the impact of the Retail Shop Leases Act 1994 (‘the Act’). The Act has significantly shifted bargaining power between the landlord and the tenant. Prior to 1994 and the Act, the landlord usually presented a lease on a “take it or leave it” basis. Now a landlord is significantly curtailed in what it can and cannot ask of the tenant.

Notwithstanding the Act’s generosity to tenants any retail shop lease must be thoroughly examined to make sure that it complies with the Act, that the landlord has not attempted to unfairly manipulate the tenant and that the lease terms and conditions still represent a fair arrangement for both parties. At Mumfords we will provide you with the right advice and ensure that the landlord complies with all of its obligations. The Act requires the landlord to deliver to the tenant a disclosure notice 7 days before the tenant becomes bound by the lease. The disclosure notice is substantive and covers the key points of the lease, especially rental and outgoings. If you are a tenant you need advice on this document.

It is imperative that you call Mumfords before you sign a lease or an agreement to lease and, significantly, before the 7 day disclosure period ends. Our lawyers will inform you of the terms and conditions of the lease and ascertain your needs both during lease and on exiting the lease. Once we have a clear picture of your needs we can negotiate with the landlord to achieve the best outcome for you.

Commercial Leasing

At Mumfords we prepare quality, commercial leases without compromise for lessors and lessees at competitive prices.

For lessees:

For a business owner your lease is the backbone of your business. The sudden loss of your business premises can mean the loss of location, goodwill and perhaps your entire business. Mumfords have the experience to make sure that your lease has all the terms and conditions necessary to secure your business premises into the future. A Lessor will usually negotiate hard to make sure all terms of the lease are in its favour. At Mumfords we make sure that your rights as lessee are also protected.
Importantly, at the outset, we will thoroughly discuss with you all your financial liabilities so you are well prepared and informed. By way of example we ensure that the lease contains a provision which requires that the lessor must inform you well ahead of the date your option is to be renewed of the proposed market rent for the new extended term of the lease. This allows you to determine the future viability of your business before having to commit to a further 3 or 5 year term.

Negotiating a lease can involve the obvious, like how long the term is, to a detailed analysis of the calculation of the area of the lease. Mumfords can take you through a 45 page lease, step by step, to explain the difference between a standard, usual term and a serious pitfall which could seriously compromise your ability to carry on trading.

Retirement Villages (Advice, Acquisitions & Sales)

For most of us buying into a retirement village will be our last significant investment. Although you may have bought a number of homes during your lives the purchase of a retirement village unit is whole new transaction with unfamiliar concepts such as “licence to occupy”, “long term lease” or “exit entitlement”.

Retirement Village Agreements are by their nature long and detailed as they attempt to regulate the rights of owners as against the village operator in a fair and balanced way. It is important that you seek out legal advice promptly from Mumfords so that you properly understand the nature of what you are signing and the rights and obligations that you will have. You should be concerned with both the standard of care you receive during your stay and what happens financially when you leave the village. For example, how much money you or your estate receives and what happens if the unit cannot be sold quickly.

Our lawyers will explain the agreement and advise on the relevant provisions of the Retirement Villages Act 1999 carefully making sure that you can enter this new phase of life with confidence and peace of mind.

Our lawyers can act on your behalf in an advisory capacity or in respect of the purchase or sale of your interest in the Retirement Village.

Boundary Realignments/Subdivisions/Strata-titling

Our lawyers practice in a wide variety of property law matters.

Property law issues can also come about from other areas of legal practice such as a family law property settlements or wills and estates.

If subdivision cannot take place for reason of town planning regulations, a boundary realignment may be the manner in which to resolve the problem.

Amongst other property law services our lawyers can:

  • draft loan agreements
  • draft and lodge easements
  • draft and lodge mortgages
  • arrange and lodge boundary realignments
  • arrange and lodge subdivisions
  • record change of tenure on titles
  • strata title duplexes and other unit complexes
  • arrange for replacement certificate of titles
  • create or sever joint tenancies

Advisors

  • andrew_mumford

    Andrew

Business today has a minefield of traps for the unwary.
Thank god their are still reputable and sincere legal practices like "Mumford Lawyers" on the coast whom one can rely on for legal clarity and positive results. I hold Helena Mumford and her legal team in highest regard.

Steve Evans and Ayumi Yamanaka
Solas Propellers Directors "Miszuri property Trust"

When any of my clients need legal and/or estate matters attended to, I shall send them over to you so they can also benefit from your expertise and attention to detail.

Philippa

I would like to take this opportunely to thank Mumfords Lawyers and particularly Lucy Wood for the high degree of professionalism and skill to take a difficult situation, and turn it into a calm, straight-forward case, which gave me the ability to make a informed decision.

Susan Tennant