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Property Law

The lawyers at Lynn & Brown are experienced in providing advice on various areas of Property Law, including property investment, loan guarantees, planning, building contracts and commercial property. We pride ourselves in providing valuable, detailed advice to ensure your property matters are legally binding. Our lawyers can help you whatever your property type, at any point during the process, smoothly and effectively.

Purchasing or selling a property

We can assist with making sure you fully understand the details involved with residential or commercial transactions in Australia. Anything from agreements and contracts, to buying or selling at auction and negotiating on your behalf can be handled by our experienced lawyers.

  • If you are a property developer and need assistance with large scale commercial projects;
  • If you are a property developer and need assistance with subdivision and the creation of easements;
  • If you need assistance with council or development approvals;
  • If you are a lender or borrower requiring advice on residential mortgage transactions and commercial loan transactions;
  • If you need any advice regarding strata title and strata management.

The requirement for a lawyer is often not limited to transaction matters. Dispute resolution around boundaries, neighbour issues and council approvals, are all often required as a property owner.

Circumstances where these issues usually arise include the following.

  • When you are developing your property;
  • On older properties with semi-permanent boundaries;
  • In council areas with tight development rulings;
  • With the boundary or development disputes with a neighbour; or
  • When you own a property with someone else and one party wants to sell (Partitioning Agreement).

We understand that there are sometimes basic, hassle free property matters. However, we have dealt with many clients who have been surprised at the ease of having a lawyer handle the entire process. Consider:

  • Conveyancers are not equipped to deal with more complicated matters, such as disputes and ownership.
  • If the other party has a lawyer too, this can make for much more efficient and stress free communication.
  • Life can often throw unexpected curve balls, especially in high stake matters such as property transactions. Lynn and Brown lawyers have experience dealing with the unforeseen.

For more information on loans and mortgages, have a look at the following factsheets:

We make it our priority to ensure your transactions and decisions work in your favour, and work quickly with you to maximise the efficiency and profitability of your property ventures.

If you would like to know more information, please contact the team at Lynn & Brown today.

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Frequently Asked Questions

Operating your business or investments through a company provides a lot of protection for those operating the company, known as directors. However, increasingly, in Australia the protection of directors is being wound back. Directors can be liable for some company’s debts, such as, PAYG and staff superannuation. Also, if the company trades insolvently and certain occupational health and safety penalties.
Contracts are everywhere in our life, from simple sale and purchase agreements, service supply, property leasing, to employment, banking and investments. Like many of us, you may have been stuck in a contract and wanted to get out. Can you? There are different ways to end a contract. However, contracts are binding legal instruments, so a free exit ticket may not always be available.
One of the most satisfying tasks we perform at Lynn and Brown Lawyers is to work with our clients to either purchase or sell a business. We all know how stressful it is buying or selling a property and hoping to achieve a successful outcome. These stresses are no different to those that exist around buying or selling a business, particularly if that business is one you have built from scratch or the business that you are looking to buy is as a result of a significant lifestyle change or ambition for the next stage of your career.
A shareholders’ agreement is a contract signed by the shareholders of a company, which regulates their obligations and rights, as well as what should happen if certain situations arise. 
A good lawyer, with experience, can often foresee things others could not. Sometimes there is nothing you can do about an unforeseeable event happening after you agree to a contract, but there are some things you can do to ensure your contract is as well drafted as possible. We have decades of experience on contract disputes. We will use this experience to protect you.
If you are thinking of starting a business, you will need to consider the different business structures available to you and work out which structure will best suit your needs. In Australia, businesses are commonly structured as sole traders, companies, partnerships, discretionary trusts and unit trusts. It is important to seek professional advice (from a lawyer, accountant, or business adviser) before deciding which business structure to use.
A contract requires fundamental factors to be a valid contract: (a) An offer; (b) Acceptance; (c) Consideration; (d) Intention to enter into a legally binding arrangement.
Do you rent a retail or commercial property and want to end the lease? The first thing you should always do is check the terms of your lease agreement. Different agreements may include different methods for termination or different situations that allow you to terminate the lease. Landlords can usually terminate a lease if the tenant is late with rental payment for 7 days or if the tenant materially breaches the lease and does not rectify the breach after being notified for 14 days. These are standard lease clauses, but each case will turn on the actual lease.

Fact Sheets