Property Law & Settlements

Buying and selling real estate is one of the biggest single transactions that you will ever make in your life, and one of the most stressful. You therefore want to work with a licensed and qualified agent from a settlement services or commercial property lawyer in Perth or Melbourne who are responsive to your requirements. At Acuity Law Partners we are dedicated to ensuring that when you buy, sell or transfer real property in Western Australia, the transaction runs as smoothly and efficiently as possible.

We represent and advise on all legal aspects of buying and selling real estate, including due diligence, stamp duty, GST withholding requirements, and Foreign Investment requirements, foreign capital gains withholding obligations and foreign duty requirements.
We also represent both lenders and borrowers in a wide range of property related finance transactions.

At Acuity Law Partners, our property settlement lawyers in Perth and Conveyancing Manager have over 30 years of combined experience in helping clients with many types of personal property transactions and can therefore assist you to ensure that your property settlement is finalised smoothly and on time.

Our services for Buyers include:

• Managing the entire settlement process on your behalf so you can focus on the important things such as moving and packing;
• Preparing and lodging all legal documents;
• Examining the title to make sure you are aware of any easements or encumbrances that will remain on the title once you become the owner and arranging removal of any that are to be removed;
• Coordinating with your home loan lender to make sure you have the funds to purchase the property within the agreed timeframe in accordance with your Contract for Sale;
• Making enquiries with the local authorities to transfer future rates notices into your name following settlement, receiving relevant information from all authorities in relation to the property, such as orders and requisitions from the local Council identifying zoning, building and structural approvals, region scheme information identifying any future developments within close proximity of the property, and sewer information showing the location of any sewer pipes, manholes and any restrictions which may affect the property, and any other due diligence necessary;
• Attend the adjustment of rates and taxes, such as Council rates, water rates, land tax and body corporate fees and levies. We attend to payment of any portion due by you for the financial year at the point of settlement;
• Liaise and coordinate with the seller’s conveyancing representative, your home loan lender and the Real Estate Agent to ensure that all aspects of the transaction including signing all relevant documentation, property enquiries, final rates adjustments and final inspections are all attended to by the due date so we can settle your matter on time to enable you to collect the keys;
• Attend settlement on your behalf; and
• Ensure that the title to your property is transferred correctly, and settlement occurs on time.

Our services for Sellers include:

• Managing the entire settlement process on your behalf so you can focus on your next move;
• Representing you if the buyer or buyer’s agent has any questions, queries or requests;
• Coordinating with your home loan bank/lender and the buyer’s representative to work towards settlement;
• Making sure your title can be transferred seamlessly by assisting with any encumbrances (mortgage, caveats, etc) that are required to be removed prior to or at settlement by providing you with the required resources to enable you to initiate the necessary withdrawal requests with the relevant parties;
• Confirming that there are not any outstanding issues with the Contract for Sale;
• Checking that your financial liabilities, such as payout figures to your bank to discharge your mortgage, payment of any outstanding rates and taxes (e.g. council rates, water, land tax and strata levies/body corporate fees if applicable.), are paid and deducted from the sale proceeds before the property is transferred; and
• Attend settlement on your behalf.

Acuity Law Partners is a registered PEXA user. We therefore can conduct your settlement electronically, giving you greater certainty of your settlement occurring successfully on time. Funds distributed via PEXA are also available immediately, so there is no delay associated with waiting for bank cheques to clear.

As settlement agents in Perth and lawyers in Melbourne, we can provide legal advice on your rights, and any compensation available to you, should a dispute arise during the course of your property settlement.

We deal with many different property transfers, for example:

• Adding a proprietor or owner;
• Removing a proprietor or owner due to divorce, consent orders, death, or agreement; and
• Adding, removing or changing a name due to a simple error or, due to marriage, divorce, revert to birth name, or by deed-poll.
• Amending / changing tenancy shareholdings between registered proprietors

Our Melbourne and Perth property development lawyers can assist you with your development projects by applying for new titles following your land being subdivided or amalgamated. Our services include:

• Liaising with your surveyor to arrange lodgement of the survey and applying for new titles on your behalf;
• Contacting any parties linked to any registered encumbrances on the ‘current/parent’ title that require removal prior to lodgement;
• Liaising with your bank who hold your current/parent title as security to ensure they consent to the changes and produce the current/parent title at Landgate to enable cancellation and issue of your new titles;
• Arranging consent from any other third parties such as the Planning Commission;
• Monitoring the status of the dealing and providing details of your new titles once they issue; and
• Any other due diligence we believe is necessary.

We have significant experience with leasing matters and can help you to ensure that your residential, retail or commercial leasing agreements support your personal or business objectives and navigate any problems should a dispute arise.

We guide and advise lessors and lessees in relation to:

• lease terms and conditions;
• restrictions on terms of the lease and renewal conditions;
• rent increases;
• sublease permissions;
• property maintenance and expense responsibilities;
• evictions;
• holding of security bonds; and
• disputes between lessors and lessees.

We work closely with clients buying and selling real estate, property developers, owners, tenants, overseas investors and real estate agents. Our work for these clients include:

• Buyers and Sellers: We assist buyers and sellers of residential (developed or vacant land), commercial, office, farming and agricultural, industrial and retail property. Our work has included preparing sale and purchase agreements, heads of agreement, undertaking legal due diligence, drafting and negotiating contracts, reviewing leases and completing conveyances.
• Developers: We have assisted developers with their property developments including call options, sale contracts, off the plan contracts, land subdivision process, clearing conditions and the titling process.
• Lessors: We have helped real estate owners prepare and negotiate leases and deal with tenant issues.
• Lessees: We have helped tenants negotiate leases and deal with a range of issues including access rights, occupancy costs and rent review arrangements.
• Inbound foreign investors: We have assisted overseas investors obtain investment approvals under the Foreign Acquisitions and Takeover Act 1975 and given them advice on all aspects of their projects and assets and collaborated with other local advisors on their behalf.

Acuity Law Partners can assist you if any disputes arises from your personal or commercial property and leasing related transactions.

We have experience in acting on property law related matter disputes, particularly in relation to property sale and purchase disputes, lease disputes, adverse possession, mortgage or guarantee disputes, planning application reviews, strata title disputes, and caveats (including the retention, lodgement or removal of caveats).