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There are several forms of business structure, each having its own legal, accounting and tax requirements. The form of organisation of a business determines many things, including how tax is paid and how profits are disbursed, and it should be geared to help you achieve maximum benefits.

 

When buying or selling a business you need expert legal advice as to what needs to be included in the contract. Some of the provisions in a sale of business may include a transfer of an existing lease or preparing of a new lease, with restraint of trade clauses, inventory of property included, whether any employees all transfer to the purchaser and other licence agreements, such as ATM’s or equipment.

Each Australian State and Territory has specific legislation that regulates the operation of retirement villages. The main purpose of the legislation is to protect the interest of residents and prospective residents.  Telephone Linda Emery for legal advice on if you are considering a move to a retirement village. 

Conveyancing & mortgage refinancing

Refinancing is a process when you replace all or part of one mortgage loan with another.

The number of homeowners refinancing has increased, as a result of recent interest rate variations.

 

While refinancing is an effective tool for borrowers, who have been hit by rate hikes, care needs to be taken before making this decision. Contact Linda Emery and her friendly staff at Linda Emery & Associates for expert advice on refinancing.

News on Pools and Spa Pools when Buying or Selling

New requirements for contracts of sale came into effect on Friday 19th April 2016. When selling your property, with a swimming or spa pool, you must have a certificate showing whether or not the pool is compliant with the Swimming Pools Act (1992) and a certificate registering the pool or spa with local council authorities.

News on E-Conveyancing

As from 1st July 2019, it is now mandatory to conduct your conveyancing transaction by e-Conveyancing. This can result in a quicker and streamlined transaction process. Contact Linda Emery and her conveyancing team at Linda Emery & Associates to help guide you through your conveyancing sale or purchase.

When selling a property it is important to see a solicitor  to prepare a contract so it complies with the Vendor disclosure. We will prepare and supply the contract to the seller’s real estate agent, explain the contract to the seller and in particular their obligation to provide all the necessary disclosure, have the seller sign the contract and arrange to exchange contracts when a buyer has been found, give notice to the mortgagee such as the bank when the property has been sold so the bank can prepare the discharge of mortgage.

The deposit on a Contract for Sale of Land in NSW is usually 10% of the purchase price, and is usually paid to the real estate agent to hold pending completion. Every contract must include a statement in the prescribed form about the cooling-off period. The law gives the buyer of a residential property 5 business days to withdraw after contracts have been exchanged. Some exemptions do apply and this period may be excluded, shortened or extended. Linda Emery makes conveyancing in Gosford, Central Cost easy for her clients.

Leasing

Before moving into leased premises obtain a copy of any proposed or existing lease and seek advice on each clause in it and its implications. The lease will normally describe the only business permitted on the property and is usually interpreted strictly. It must be clearly worded with the future development of your business in mind.

Contract for Sale and Purchase of Land

A 2016 edition of the Contract has now been issued by the Law Society and Real Estate institute. It is important to know the key changes made to the contract. Linda Emery can advise you about these changes. There are changes to the Law regarding Land Tax Certificates. When selling under a Contract for Sale it is now mandatory for the Vendor to provide the Purchaser with a Land Tax Clearance Certificate. 

 

At Linda Emery and Associates the friendly and professional team is up to date with current conveyancing laws and regulations regarding buying, selling and refinancing. Please feel free to contact Linda Emery and Associates on 02 4323 4766 to obtain expert legal advice on any areas of conveyancing mentioned above.

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Conveyancing with Commercial Property

At Linda Emery and Associates, we have decades of experience providing reliable conveyancing services for commercial property transactions for businesses across New South Wales. We understand the unique complexities that are involved in commercial property sales, from preparing commercial conveyancing contracts to carrying out due diligence. From sale to settlement, our legal team will be acting on your business’ behalf to make sure the property is suitable and there are no potential issues. We will also negotiate any necessary contract changes and offer the very best legal advice on how to proceed. When it comes to commercial property sales in New South Wales, our professional legal team can handle the entire process for a smooth and successful sale.

Trust Linda Emery For Your Central Coast Conveyancing

With over 30 years of legal experience, our conveyancing team are known for professionalism, attention to detail and communication. Our reliable team are here to help with contract reviews, title searches, contract negotiation, arranging a settlement date and more. Whether you’re a first-time buyer, purchasing business premises or selling your home in New South Wales, you can count on our conveyancers to explain the selling process and make sure there are no potential legal issues when it comes to your property. Our Central Coast conveyancing experts are here to make every aspect of your property sale go ahead smoothly and you can count on us for professional legal advice throughout the process.

Get In Touch For Reliable Conveyancing

If you need a conveyancer in New South Wales you can rely on, call Linda Emery & Associates today on 02 4323 4766. Our experienced conveyancing team will be more than happy to handle any conveyancing questions you might have, so don’t hesitate to get in touch.

Frequently Asked Questions

You can expect a conveyancer to handle the legal side of your property sale including searches, documentation and communication with the other party’s legal team. Your conveyancer should also be in regular contact, let you know if there is anything you need to do and keep you updated about the progress of the property transaction.

Yes. A conveyancer is an expert when it comes to property transactions and due to the large amount of legal work, documentation and expertise required, a conveyancer is essential in most property transactions. They will also make sure there are no issues, errors or factors which could negatively impact your sale and provide valuable legal advice.

At exchange of Contracts, the buyer will have to pay a deposit of 10% of the purchase price.
If you elect to purchase with a cooling-off period, usually of five working days the purchaser needs to pay 0.25% of the purchase price and the balance of the 10% before the expiration of the cooling-off period. During the cooling-off period the Purchaser can elect to rescind the Contract and not proceed but would forfeit the 0.25% deposit paid. Around six weeks after this there will be a settlement to conclude the sale transaction. After settlement day, you will be notified that the settlement has been finalised and the money has been received into your account. Call Linda Emery & Associates for expert advice to negotiate through the process.

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