Protect your property investments with O’Hearn Lawyers property law expertise
The top priority for our property team is to ensure your matter runs as smoothly as possible. We will guide you through every stage of your property transaction from your initial enquiry through to the successful completion of your matter.
Since 1988, we have provided a comprehensive approach to conveyancing and property law. We have acted for a wide range of clients, from first home buyers to large property developers.
Conveyancers and Property Lawyers servicing clients across New South Wales including but not limited to Wallsend, Newcastle, Maitland and the greater Hunter Valley
Whether you’re buying, selling, lending, leasing or developing, our experienced property law team will provide you with expert guidance and advice every step of the way.
The O’Hearn Lawyers approach means that:
- We deliver our services using plain English;
- We always get back to you and keep you informed at every stage;
- We are approachable and deliver quality customer service;
- We take a holistic approach to your matter to ensure the transaction satisfies all of your legal needs; and
- We provide you with reliable and thorough legal advice.
What areas of conveyancing and property law can we assist you with?
We have an extensive wealth of experience and can help you with the following areas:
- Residential & Commercial Property: The sale and purchase of all Torrens Title, Strata Title, Community Title and Neighbourhood Precinct properties including complex rural and other unique properties.
- Retail and Commercial Leasing: All aspects of retail and commercial leasing including negotiation, drafting, review, variation, transfer, registration, surrender and exercise of options.
- Mortgage and Loan Facilities: Preparation of documents required to establish loan facilities together with the required associated documents to effectively secure your interests under the same.
- Developments – ‘Off the Plan’ Contracts: Assistance for developers which focuses on a range of matters including; plan preparation, drafting of 88B Instruments and associated dealings, By-Law creation and compliance with disclosure requirements.
- Revenue NSW Applications: All applications to Revenue NSW involving transfer duty, concessions, exemptions and/or refund applications for individuals, companies and corporate structures.
- Related Party Transfers: All transfers between parties which may arise as a result of a deceased estate administration, family law separation or general restructuring.
- Retirement Living: Providing advice to people who are considering moving into a granny flat, retirement village or aged care facility on the various documents and obligations that arise out of them.
- Building Contracts: Advice in relation to building contracts, assisting with negotiations and resolution of building disputes.
- Deceased Estate Property: Registration of Notices of Death, Transmission Applications and sales by Executors/Administrators.
- Power of Attorney Transactions: The sale, purchase or transfer of all residential or commercial property required to be done pursuant to a Power of Attorney.
The O’Hearn Lawyers difference is that we understand there is more to property law than just property law. Our thorough approach means considering your Will, accounting goals, timing, business structures and more. We will help you ensure that all of the boxes are ticked – even the ones you may not have considered yet.
Conveyancing (Commercial and Residential)
Whether you’re buying or selling a residential or commercial property O’Hearn Lawyers helps you through every aspect of contract management. We spend the time to explain every step of the process to you and tailor our services to suit your needs. Whether it’s in person or entirely electronic through email and phone/video calls, we can help you with every step of the process.
Property Development Lawyers
Our property development lawyers can also assist with all areas of property development, ranging from the purchase of the property and negotiating the contract, to finance. Included in our expertise is dealing with planning issues, working through building contracts and advising on subdivision of properties.
We also manage matters for property land developers that are subdividing in relation to land under Torrens Title, Strata and Community Title. This includes assisting with drafting and registering Section 88B Instruments, Easements, Rights of Way, Restrictions as to User, By-Law creation, and compliance with disclosure obligations.
Ensure that you understand and are complying with the National Credit Code to protect yourself if a dispute occurs. Whether you’re an individual or company borrower, a private equity lender, a credit union, bank or any financial institution, O’Hearn Lawyers provides mortgage advice and documentation that you can rely on.
Our expertise includes advice on National Credit Code compliance, highlighting potential breaches, overseeing banking and finance transactions, advising on letters/deeds of priority and consent to second mortgages. We regularly act for clients in related party loans between family members and ensure they are done correctly. We are also able to assist with debt recovery procedures for loans and litigation. We have a proven track record providing professional legal advice within the mortgage industry.
Building & Construction Lawyers
O’Hearn Lawyers can support you in all aspects of building & construction law, including the preparation of building contract tenders, review of contracts and the resolution of building contract disputes. We give legal advice on building contracts for both commercial and residential properties, as well as during negotiations between both parties before the contract is signed. If for some reason a dispute occurs, we also can support you in resolving the issue.
Commercial and Retail Lease Lawyers
There is a range of legislation that impacts the commercial leasing process. This legislation varies between retail and commercial leases. In NSW for example, retail leases are governed by the Retail Leases Act 1994 (NSW). When entering into a commercial or retail lease it’s vital that you comply with all relevant laws and do your due diligence to ensure that it is the best fit for you.
O’Hearn Lawyers can inform you of your legal obligations for commercial and retail leases and discuss what is involved, from both parties, in the proposed lease. We also provide assistance with transfers and assignments of lease, and are experienced in the quick resolution of lease disputes.
If you’re tendering for a property, O’Hearn Lawyers can work with you through the process of law surrounding the tender. This process can be long and complex, so working with a reputable lawyer will guarantee you meet your legal requirements.
Property Law FAQs
Conveyancing is the process of transferring legal ownership of land to the new owner, whether it involves people or entities such as companies or trusts.
A licensed conveyancer is a person who can assist buyers and sellers of real estate through the conveyancing process but cannot give legal advice on areas that are not defined as “conveyancing work” by the Conveyancers Licensing Act 2003 (NSW).
A lawyer is a person who is trained to advise clients on their legal rights and obligations in a variety of circumstances, including the buying and selling of real estate and the conveyancing process.
While a lawyer can assist the client with all legal issues associated with property law matters, a licensed conveyancer cannot provide any services which are beyond “conveyancing work“. When this happens the licensed conveyancer must refer the client to a lawyer, so with O’Hearn Lawyers, you get the best of both worlds.
Yes, you should always have the Contract reviewed by a licensed conveyancer or property lawyer before you sign it. In most cases, a Contract will not be binding until it has been exchanged and checked against an identical contract signed by the other party, however, to be cautious you should make sure you do not sign the Contract until you are fully aware of its terms.
This is especially relevant for purchasing at auctions, as exchange is deemed to have automatically occurred immediately after the winning bid has been accepted.
Yes, in most cases you should ensure you have unconditional formal written finance approval prior to exchanging contracts. Some Contracts have a cooling-off period, in which you can still get out of the Contract with minimal consequences, however, this should not be relied on without having obtained legal advice that takes into account your particular circumstances.
Settlement is the day that the transaction is finalised, money changes hands, and the purchaser collects the keys to their new property.
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