Mountains Lawyers Legal Solutions is registered for on-line property conveyancing transactions with PEXA (the on-line conveyancing portal) and also subscribes to LANDGATE (the land authority for all Western Australian land transactions).
PROPERTY LAW
Our team of property lawyers have extensive experience in all areas of property law including contract drafting review and dispute resolution.
Areas of Service Include:
- Residential, commercial, and industrial properties
- Rural, agricultural or farming properties
- Retail shops and commercial leases
- Loan Documentation and securities
- Mortgages
- Caveats
- Personal property security registrations under the PPSA
- Property co-ownership agreements
- Other Property interests including claims for Constructive Trusts
- Strata law disputes
PROPERTY CONTRACTS
Signing a contract to purchase a property may be one of the most important contracts you ever enter yet so many people do not get legal advice before signing.
Unlike other states, in Western Australia there is no 3 day cooling off period written into standard contracts for the sale of land. Once an offer is signed by a purchaser and accepted by the seller the purchaser must proceed or the seller may be entitled to either take legal action for specific performance of the contract or sell the property and claim any loss in the sale price.
Even a standard REIWA contract for the sale of land should be checked by property BEFORE SIGNING to ensure the terms and conditions adequately cover YOUR requirements.
Real Estate Agents are experienced in how to market and sell a property. They are neither legally qualified nor (generally speaking) impartial as in most instances they act for both the seller and the buyer and have no obligation to advise either party of the terms that are in their differing best interests.
Protection clauses in property contracts will differ depending on whether you are a seller or a buyer.
PROPERTY ASSISTANCE
As an example: If you are buying land with an existing building you are entitled to have a condition inserted for a building inspection. If you are the buyer you will want to ensure that it is stated as a condition precedent (in other words if the condition is not satisfied the purchaser can terminate the contract with return of any monies paid as a deposit toward the purchase price). If you are the seller you would prefer that, if such condition is inserted, it is not stated as either a pre-condition or use the words “fundamental” or “essential” condition so that the purchaser is restricted to (at most) negotiating a reduction in the purchase price if it is found there are building rectification works required.
There should also be clarification in the condition as to what would classify as a building defect entitling the purchaser to either withdraw from the contract or a reduction in the purchase price –a structural defect should be drafted so as to qualify for withdrawal of the contract whereas poor building workmanship qualify for a negotiation on the purchase price prior to settlement. Mountains Lawyers has extensive experience in property dispute matters including:
- Negotiation of the terms and conditions to achieve objectives and provide greatest protection for our clients;
- Reviewing contracts to ensure adequate compliance or determine breaches;
- Advising on legal strategies or remedies available in the event of: dissatisfaction with; or breach of, contract terms which may include:
- Specific performance of the terms of the Contract
- Rectification of building works
- Damages for losses
- Mediation of property disputes
- Representing clients in court actions for:
- claims for loss and damage in property matters;
- claims for specific performance of property contracts;
- applications for injunctions – preventing the sale of property in certain circumstances
Whether you are buying, selling, leasing or claiming an interest in property it is important to have an experienced property lawyer to represent your interests. Mountains Lawyers has a highly qualified team who possess significant experience in all areas of property law and real estate transactions.
Call us today on 95927326 to arrange a consultation.