At Lamont Law, our partners provide expert legal assistance for both buyers and sellers of residential and commercial property. Whether you are purchasing your first home, investing in real estate, or selling a property, our team ensures that the transaction is smooth, legally sound, and stress-free.
Buying or selling property involves significant financial and legal commitments, making it crucial to have expert legal guidance at every stage. Our property law team handles everything from contract preparation to settlement, ensuring you are fully informed and legally protected throughout the process.
How We Assist Buyers & Sellers
Drafting, Reviewing & Advising on Contracts
The Contract for Sale and Purchase of Land is one of the most critical documents in a property transaction. Our team drafts, reviews, and provides expert legal advice to ensure that:
- The contract terms are clear, fair, and legally enforceable.
- There are no hidden clauses or risks that could negatively impact you.
- You understand all legal obligations, cooling-off periods, and special conditions before signing.
- If necessary, we negotiate amendments to protect your interests.
Ensuring Compliance with NSW Property Laws & Regulations
Property transactions in NSW must comply with numerous state and local regulations. We ensure that:
- Your transaction meets all legal requirements under the Conveyancing Act 1919 (NSW) and the Real Property Act 1900 (NSW).
- All necessary disclosures (such as zoning information, easements, and encumbrances) are made.
- The contract adheres to planning and development restrictions applicable to the property.
- You understand any additional duties or taxes, such as stamp duty, capital gains tax (CGT), and land tax obligations.
Conducting Title Searches, Zoning Checks & Due Diligence
Before buying or selling a property, it is essential to conduct thorough due diligence to uncover any potential legal issues. Our team performs:
- Title searches to confirm the legal owner and identify any easements, caveats, or encumbrances.
- Zoning and land-use checks to ensure the property is suitable for its intended purpose.
- Review of strata and community title reports for apartments and multi-unit developments.
- Environmental and heritage restrictions searches, where applicable.
By identifying potential risks early, we help prevent costly legal disputes and ensure a secure transaction.
Managing Settlements & Liaising with Stakeholders
Settlement is the final stage of the transaction, where ownership is legally transferred from the seller to the buyer. This stage involves coordinating with multiple parties, including:
- Lenders and banks to ensure mortgage documentation is prepared and settled on time.
- Real estate agents to handle deposit payments and contract execution.
- Local councils and government agencies to ensure rates and levies are up to date.
- NSW Land Registry Services to register the property in the buyer’s name.
We take care of all settlement paperwork, funds transfers, and legal documentation, ensuring a smooth and stress-free handover of property ownership.
Additional Services for Buyers & Sellers
For Buyers:
- Assistance with first home buyer grants and stamp duty exemptions.
- Negotiation of contract terms, settlement periods, and deposit conditions.
- Legal advice on off-the-plan purchases and auction sales.
- Assistance with mortgage agreements and loan documentation.
For Sellers:
- Drafting vendor disclosure statements to comply with NSW regulations.
- Ensuring the contract includes special conditions to protect the seller’s interests.
- Advice on capital gains tax (CGT) and tax implications of selling property.
- Handling early release of deposit requests where applicable.
