Real estate & conveyancing

real estate
Conveyancing is the term used to describe the legal process of transferring the title in the property from a seller to a buyer. KJB Law provide a “full service” approach to conveyancing designed to make Sellers and Buyers feel fully informed about and in control of what may be one of the biggest, if not the biggest, financial transaction they might enter into in their lives.

Residential Conveyancing Canberra and NSW

At KJB Law we can help you buy and sell existing residential properties in Canberra and New South Wales.

When acting for a seller, we ensure that the Contract for Sale is prepared in accordance with the relevant Legislative requirements. Our process is designed to draw out any issues (legal or otherwise) which may be a cause for concern and bring them to your attention so that there is no unnecessary delay in your Sale. If you are buying a property, we fully review the Contract for Sale to make sure that the Seller’s title is legal, the property accords with your understanding of what you propose to purchase and that there are no hidden surprises.

Buying or selling a house can be a complicated process, but at KJB Law we will help you along every step of the way.

Vacant Land, Contemporaneous Building Contracts, House and Land Packages

At KJB Law we can also assist you with conveyancing for vacant land, or guide you through the process of buying off the plan or entering into a separate building contract.

Previously, it was more common for properties being sold off-the-plan to be covered by one Contract whereby the Buyer paid the majority of the purchase price after the property was built. This is still common for the purchase of Units off the plan. For houses, it is now more common for the transaction to be structured with the buyer first buying the land and the house then being built under a separate building contract. 

There are pros and cons for each type of transaction. However, what these two methods of purchase have in common is that these contracts are usually lengthy, complex and involve numerous potential traps for a Buyer. As such, we believe it is crucial that you obtain specialised advice before embarking on this process.

Mortgage Advice

We can assist and guide you with advice on mortgage documentation including:
  • ​New Loans
  • Existing Loans
  • Discharge of Mortgage
  • Loan Guarantees
  • Independent Legal Advice
  • Family Loans/Gifts
Should you or your incoming Mortgagee require a Buyer to obtain legal advice on loan documents (or Guarantee documents), we are able to assist. However, please note that where we are acting for you, the Buyer in the conveyancing transaction, we cannot then advise the Guarantors on the guarantee as the incoming mortgagee will require the Guarantors to be independently advised by a different law firm.

We work with mortgage brokers in the planning stages for a loan application or pre-approval. Where Buyers are being helped by family to purchase a home, those family members who are helping usually want some form of assurance that if their, for example, child enters into/is in a relationship which subsequently ends, that the benefit given does not end up with the former partner. Those family members also generally want some degree of certainty that should their child get into financial trouble that as much as possible of the money provided is recoverable by the family so that they can help again, another day. There are a number of options open to achieve those desires. We can assist in suggesting options appropriate to the individual circumstances.

Leasing of Residential and Commercial Premises

We are able to assist Landlords and Tenants in relation to problems arising with residential tenancies, informing them of their rights and obligations under the Residential Tenancies Act 1997. Where a dispute is not able to be resolved amicably, we are able to represent Landlords and Tenants in the ACT Civil and Administrative Tribunal, which has exclusive jurisdiction to hear and determine all matters arising from residential tenancies.

At KJB Law we are also able to assist both Landlords and Tenants with the leasing of commercial premises in Canberra and New South Wales. This includes preparing the requisite Disclosure Statement and Lease, or reviewing and advising on documents prepared by others, and assisting with negotiation of amendments and execution of the documents.

In addition to acting in relation to new leases, we also act on matters involving the assignment of existing leases, which frequently go hand in hand with the sale or purchase of a business.

Land Development and Subdivision

We are able to assist clients with the legal work associated with developing land.

Our services include assisting Developers with the Unit Titling (ACT) / Strata Titling (NSW) of land as well as the consolidation or subdivision of larger blocks. Land development is usually a 'team' effort involving lawyers, surveyors and the client. At KJB Law we are able to work as part of that team to achieve the clients goals or, where so instructed, provide guidance as to the next steps and which part of that team is best able to assist.
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