Conveyancing

conveyance solicitor gosford

Selling or Purchasing a Business Entity

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.

Retirement Villages

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 Mortgages  

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.

Selling a Property

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.

Purchasing Property

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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