What is property?
The term “property” refers to things that someone owns or has a legal right to. This can include land and buildings (real property), personal belongings like cars and furniture (personal property), and creations of the mind like inventions or artworks (intellectual property). Each type of property has its own set of laws and rules.
What is a property lawyer?
A property lawyer is a legal expert who deals with matters related to property (real property like lands and buildings). This can include buying and selling real estate, handling leases, and dealing with issues like boundary disputes.
When engaged, property lawyers help people understand the laws and rules that must be followed when dealing with property. They also prepare and review legal documents, such as contracts, to make sure everything is correct and fair for their clients.
What does a property lawyer do?
A property lawyer performs various tasks to assist clients with property-related matters. Whether that be advice, preparation, or review of documents.
Provides legal advice
They help clients understand the law related to property. This is important when buying or selling property or dealing with disputes. For example, they might explain what you can and can’t do on a piece of land you own.
Document preparation
Property transactions often require various legal documents. These can include contracts for buying or selling, leases for tenants, or deeds that show ownership. The lawyer prepares these to make sure they meet all legal requirements.
Representation
If a dispute ends up in court or in negotiations, a property lawyer speaks on behalf of their client. They will use their knowledge of the law to present the best case possible.
Due diligence
When buying property, it’s crucial to check if there are any issues that could cause problems later. This could include unpaid taxes, ownership disputes, or problems with the land itself. The lawyer helps by checking public records and other sources.
Dispute resolution
Property disagreements can happen in many ways. It could be a landlord and tenant arguing about rent, or neighbours disagreeing over where a property boundary is. The lawyer will help find a solution, either through talking it out or going to court.
Transaction facilitation
This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.
When to contact property lawyers
Buying or selling property
A property lawyer can assist in drafting and reviewing contracts, conducting due diligence to ensure there are no legal issues with the property, and representing you at the closing. They can help you navigate complex regulations, thus minimising risk.
Leasing or renting property
Whether you’re a landlord drafting lease agreements or a tenant facing an eviction, a property lawyer can help. They can also assist in resolving disputes over things like security deposits or property damage.
Transaction facilitation
This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.
Land use or zoning
If you plan to use a piece of land for a specific purpose like starting a business, zoning laws may restrict you. A property lawyer can guide you through the application process for zoning changes or variances and represent you at hearings.
Transaction facilitation
This means helping to make a property deal happen smoothly. They ensure that all steps are followed according to the law. For example, they might hold money in a trust account until a property sale is final, to make sure both parties do what they’ve agreed to.
Inheritance
If you’ve inherited property, a lawyer can help clarify the legal status of the property, assist in transferring deeds, and guide you through the tax implications of your inheritance.
Boundary disputes
Disagreements over property lines can become contentious. A property lawyer can help negotiate with neighbours and, if necessary, represent you in court to resolve the dispute.
Property investing
When investing in property, you’re often dealing with large sums of money and complex contracts. A lawyer can ensure that the investment is legally sound, help with the acquisition process, and provide advice on contractual obligations.
Legal disputes
If you’re facing a lawsuit related to property, such as a dispute with a neighbour or a construction company, a property lawyer can build your case and represent you in court.
Contract review
Before entering into any property-related agreement, having a lawyer review the terms can save you from future problems. They can point out any unfair terms and suggest changes to protect your interests.
Are property lawyers a legal requirement?
Similar to the question, “Do you need a conveyancer to buy a house?”, property lawyers aren’t a legal requirement for instances like buying and selling property. But, it’s often highly recommended. Professional advice can help you avoid future costly legal issues, and get the results both parties are happy with.
Property law is a complex area, and to make informed decisions and safeguard your property, a property lawyer can help.
What to look for in a property lawyer
When choosing a property lawyer, several key factors should guide your decision.
Specialisation
Firstly, look for someone who specialises in property law. Property law can be complex, and having an expert can make all the difference. For instance, if you’re dealing with retirement village contracts, a lawyer with experience in that area would be beneficial. Or, if you’re buying or selling real estate, a solicitor offering residential conveyancing would help.
Location
First, you want to make sure they’re up to date on property laws in your area. For example, each state and territory in Australia has its own property laws– A Sydney property lawyer might refer to the Real Property Act 1900 No 25, while a property lawyer in Brisbane might bring up the Property Law Act 1974.
So you’ll want to find a property lawyer who’s able to provide you with guidance relevant to your area.
Experience and reputation
An experienced lawyer is likely to navigate the legal system more efficiently. Online reviews and testimonials can provide added insights into reputation and how they treat clients’ best interests.
So you’ll want to find a property lawyer who’s able to provide you with guidance relevant to your area.
Communication
Good communication is essential. You’ll want a lawyer who is reachable and responsive, whether it’s by email, phone, or in-person meetings. You’ll want a property lawyer you can call who will actually pick up the phone, and one who will make you feel glad you called.
Our property lawyer team
Choosing Marc Hardman & Associates isn’t just about hiring a property lawyer; it’s about securing a team dedicated to making your dream home a reality. Our expertise goes beyond mere contract review. We break down the legal jargon into plain English, highlight potential pitfalls, and even incorporate your suggestions to tailor the contract to your needs.
- We’re experienced: With more than 40 years of experience dealing with laws surrounding the purchase and sale of property and businesses, we’ve learned a thing or two – and we share this experience with every client.
- We’re fast: Time-sensitive? No problem. Our clients have come to us on a Friday and walked into an auction the very next day, armed with confidence thanks to our thorough due diligence. We dig deeper than conveyancers, scrutinizing contracts for issues they may overlook. Why? Because we’re real lawyers with an in-depth understanding of the complex intricacies of property contracts.
- We care: Customer service is at the heart of what we do. When you call, you talk to us, not an answering machine. You’ll speak with an expert who understands your needs and can explain how we’ll meet them.
- And we’re here for you: So why choose Marc Hardman & Associates? Because when it comes to your dream property, we offer not just legal expertise, but peace of mind.
Ready to turn your property dreams into reality? Don’t wait. Contact Marc Hardman & Associates now and experience the difference real legal specialists can make.
