Property Law

Our property and commercial lawyers and paralegals have extensive experience in leases, residential & commercial conveyancing and general property related transactions.

Conveyancing: Buying & Selling Residential Property

Buying or selling residential property in Queensland involves a complex legal process known as conveyancing.

Holt Lawyers can assist you at every stage of the conveyancing process which involves:

Pre Contract Advice:

• We strongly recommend you engage a solicitor to review a contract before you sign.
• We will assist and advise on any necessary searches, or special conditions or considerations to be include in the contract

From execution through to Settlement:

• We are experienced property lawyers and will provide you tailored advise on the terms of the contract including any standard conditions, cooling off period, payments required and special conditions
• We will advise on recommended, and required searches
• Assist you in obtaining finance (buying), or discharging loans (selling).

Settlement:

• We will carry out all necessary work to ensure settlement can be effected through an online settlement platform (PEXA)
• We will work with all parties to facilitate the transaction in a timely manner.

Conveyancing can be a complex transaction and it's essential to seek professional advice from a qualified property lawyer to navigate Queensland's specific regulations and nuances.

A skilled solicitor will streamline the process, mitigate risks, and guide you through each stage of the transaction. At Holt Lawyers, our solicitors and conveyancers have many years of experience and will be able to assist you in all of your property transactions.

 

Buying & Selling Commercial Property

Commercial property transactions in Queensland present unique opportunities and challenges, requiring a strategic approach and a thorough understanding of the local real estate landscape.

At Holt Lawyers, we understand the intricacies of the commercial real estate landscape and offer expert guidance to facilitate smooth transactions for our clients.

Navigating Complexity:

Commercial property transactions involve a unique set of challenges, from intricate negotiations to due diligence and compliance. Our experienced team of solicitors possesses a wealth of knowledge in commercial property law, ensuring that you navigate this complexity with confidence.

Tailored Solutions:

We recognise that each commercial property deal is distinctive, and there's no one-size-fits-all solution. Our approach is tailored to your specific needs, whether you're a buyer or seller. From drafting and reviewing contracts to conducting thorough due diligence, we work diligently to protect your interests.

Legal Insight, Strategic Advice:

In the dynamic world of commercial real estate, having legal insight is paramount. Our solicitors provide strategic advice to optimise your position, mitigate risks, and capitalize on opportunities. Whether you're expanding your portfolio or divesting assets, we're here to guide you every step of the way.

Comprehensive Services:

Our services extend across the spectrum of commercial property transactions, encompassing lease negotiations, title examinations, zoning compliance, and more. From the initial stages of negotiation to the finalisation of contracts, we ensure a seamless process that aligns with your objectives. Post settlement, if a commercial site has been acquired we can assist with leasing and management of the property.

 

Buying Off the Plan Properties

If you are looking to purchase an “Off the Plan” property from a developer (whether its in a building, vacant residential land, duplex or other) we can assist you in this transaction.

There are a number of rules and regulations to be aware of when buying Off the Plan and we recommend you seek legal advice early.

We can assist in:

Contract Review:

• This is a critical step, and our solicitors can provide you advice on the contract and the  transaction generally.

Developer and Project due diligence:

• Based on our decades of experience, we are well placed to carry out necessary enquiries and searches provide you advice on the project and developer.

Contract Negotiations:

• We are able to negotiate safeguards to protect you in this important transaction.

General conveyance and settlement:

• Once the development is completed and settlement is called for, we are able to provide all assistance to finalise the transaction.

 

Landlords: Commercial, Retail & Industrial Leases

Our team of solicitors specialise in representing landlords in the Commercial, Retail, and Industrial Leases in Queensland. With a focus on protecting your property interests and maximizing returns, we bring unparalleled legal expertise to the table.

Key Services:

Lease Drafting and Negotiation:

• We draft lease agreements that safeguard your interests, ensuring clear terms and favourable conditions having regard to the nature of your investment.

Due Diligence:

• Before lease agreements are signed, we conduct thorough due diligence on potential tenants, properties, and legal landscapes. This proactive approach mitigates risks and fosters long-term, successful landlord-tenant relationships.

Dispute Resolution:

• Should disputes arise, we act swiftly and strategically. Our team navigates negotiations, mediations, or legal proceedings to protect your interests and maintain the integrity of your property portfolio.

Rent Reviews and Lease Renewals

Assignments of Lease:

• If a tenant seeks to assign their lease, we can assist you throughout this transaction to minimise disruption to you (with the cost usually borne by the assigning tenant).

Retail Shop Leases Act Compliance:

• For retail leases, solicitors ensure compliance with the Retail Shop Leases Act, including providing the necessary disclosure documents to tenants and advising landlords on their statutory obligations.

Ad hoc and general advice:

• We are always available to our landlord clients to assist in general lease enquiries and provide clear and reliable advice.

 

Acting for Tenants: Commercial, Retail & Industrial Leases

Navigating the complexities of leasing as a tenant requires sound legal guidance, and our dedicated team of solicitors is here to ensure that your interests are protected.

Specialising in Commercial, Retail, and Industrial Leases in Queensland, we advocate for tenants to ensure leases are reasonable and commercially viable.

Key Services:

Lease Review and Negotiation:

• We review lease agreements, explaining terms and conditions to empower tenants with a clear understanding

Due Diligence Support:

• Before committing to a lease, we conduct any necessary due diligence on your behalf, examining property details, zoning regulations, and potential legal issues.

Dispute Resolution:

• In the event of disputes, we act swiftly to protect your rights. From negotiations to legal proceedings, our team is dedicated to resolving issues and safeguarding your business interests.

Lease Renewals and Rent Reviews

As your advocates in the leasing landscape, we prioritise your business success. Our services extend beyond legal transactions – we aim to build lasting partnerships, providing ongoing support and tailored solutions.

 

Loan Documents & Securities / First Mortgage Lending Transactions

Our Solicitors are experienced in loan documents, securities and first mortgage lending transactions.

We work with lenders to provide strategic advice and ensure loan documents comply with legal requirements, and provide for a secure financial transaction.

Key Services:

Loan Agreement Drafting:

• Crafting loan agreements tailored to your specific needs, we ensure clarity in terms, conditions, and repayment structures.

Security Documentation:

• Expertly navigating the complexities of security documentation, we guide you through the creation and registration of securities. From mortgages to personal guarantees, our legal solutions are designed to mitigate risks.

Due Diligence:

• Conducting thorough due diligence on behalf of our clients, we examine the transaction to identify any potential risks associated with loan agreements and securities. This comprehensive approach safeguards your financial interests.

Dispute Resolution:

• In the event of disputes, our legal expertise comes to the forefront. We provide strategic dispute resolution services, aiming for fair and efficient resolutions to protect the interests of our clients.

Our solicitors will work with you to understand your financial goals, offering tailored legal solutions that align with your objectives.

Contact us today for strategic guidance and peace of mind in your financial transaction.

 

Subdivision / Establishing Body Corporates & Community Titles Schemes

If you are looking to subdivide property in Queensland, we can assist you.

From understanding zoning regulations to navigating local planning laws, we ensure your subdivision aligns with legal requirements. Trust us to safeguard your interests and guide you toward a successful and compliant subdivision in the vibrant landscape of Queensland.

Our work can include:

1. Legal due diligence on the proposal
2. Working with other advisors in relation to the transaction including town planners and surveyors
3. Drafting legal documents
4. Responding to development approval conditions including easements
5. Establishment Community Titles Schemes including establishing Body Corporate, Community Management Scheme and By-Laws as required
6. All advice on the transaction