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Personal Real Estate
Whether you’re buying selling or leasing, developing property, or resolving a dispute, we offer the property law solutions you need.
Kelly Legal's experienced team of property law specialists are industry leaders, dedicated to being with you every step of the way.
Our Experienced Team Cover All Aspects of Real Estate Law
Selling a Property
By Motifo Master • 14 May, 2021
Our aim is to ease the burden of selling a property and make it a seamless transaction for all involved. Before preparing and listing your property for sale, we recommend you speak to our highly experienced real estate and property law solicitors rather than ‘go it alone’. We work with you across all aspects of the sale, including: Reviewing the contract and advising you on key terms (either before or after signing) Recording key dates which must be met during the conveyance, such as finance approval and building and pest inspections, and liaising with the buyer's representative to ensure the dates are met. Ensuring your financier's requirements are met so that you can give clear title to the property on the day of settlement Ensuring transfer documentation is correctly completed and executed Reviewing and agreeing on settlement figures with the buyer (subject to your final approval) taking account of items that may need adjustment between the parties, such as Council rates Arranging and attending, or arranging an agent to attend, the settlement of your sale on your behalf to ensure your property title is properly received Advising you on the completion of settlement Advising your local Council of the sale of your property We take pride in our commitment to achieve a successful outcome for the sale of your property, and ensure your assets are protected every step of the way.
Buying a Property
By Motifo Master • 14 May, 2021
The excitement of purchasing your first home, a new home or investment property can often be overshadowed by the legalities and complexities that come with buying a property. Kelly Legal’s highly experienced real estate and property law team has over 60 years of combined experience. We are here to make the process as smooth and stress-free as possible. We recommend you contact us before signing a contract. Our team can run over the contract terms and conditions to ensure there are no hidden surprises, explain body corporate schemes if required, and add in special clauses to your contract. The team also helps clients with: Reviewing the contract and advising you on key terms (either before or after signing) Recording key dates which must be met during the conveyance, such as finance approval and building and pest inspections Discussing property search options with you Conducting and advising on your search results to ensure you are well informed of all matters affecting your property Ensuring your financier's requirements are met and that they are ready with the necessary funds for settlement Advising you on your transfer duty obligations and assisting with payment of this Ensuring transfer documentation is correctly completed and executed Calculating and agreeing on settlement figures with the seller (subject to your final approval) taking account of items that may need adjustment between the parties, such as Council rates Arranging and attending, or arranging an agent to attend, the settlement of your purchase on your behalf to ensure your property title is properly received Advising you on the completion of settlement Advising Council of the change of ownership of the property If you need advice, and an estimate of legal and other costs associated with buying a property, please contact the Kelly Legal team on 4911 0500.
Refinancing and Related Party Transfers
By Motifo Master • 17 Mar, 2021
Are you looking to refinance a current mortgage or transfer a property into the name of a relative, partner or friend? Refinancing or transfer of property between parties can be a complex and costly procedure if not handled correctly. At Kelly Legal, we can ensure all checkpoints are met and both parties understand any legal implications of the transaction. It is important that a valid property valuation is conducted and the client understands the various fees involved, including stamp duty, bank and discharge fees. Once you gain legal advice, we can work closely with a mortgage broker or bank, to transfer or refinance your loan or property. If you are about to enter into a refinance or related party transfer, please contact our experienced real estate and property law team for guidance on 4911 0500.
Landlords
By Motifo Master • 17 Mar, 2021
Are you looking to rent or lease your property and need some legal advice on the arrangement? Knowing your rights and responsibilities as a landlord will make tenancy run smoothly. There are certain forms that must be used at various stages of the process in which our experienced real estate and property law team can help you with. There are also regulations that must be met under the Residential Tenancies Authority (RTA). Some things to consider as a landlord includes: Tenancy agreements, Maintenance and repairs to the property, Leasing terms and periods, Rent, bonds and other bills, Charges, levies, premiums, rates and taxes for the property, Change of tenant, Extending or breaking a lease, Listing the property for sale, and more. If you’re ready to dive into property management, please give the highly-skilled team at Kelly Legal a call to guide you along the way.
Tenants
By Motifo Master • 17 Mar, 2021
As a tenant, you have the right to feel comfortable and safe in the home you are renting. Both tenants and landlords or property owners have responsibilities and rights involving the tenancy. If you have any questions or concerns over entering into a tenancy, we advise to contact our real estate and property team, who have over 60 years combined experience. Kelly Legal can help you through the steps in your tenancy journey, from signing the agreement through to ending a tenancy. Some things to consider as a tenant includes: Payment of rent and bond, Rent increases or decreases, Keeping the property clean, undamaged and in the same condition that you entered, Abiding by tenancy terms and conditions, Respecting neighbours, Tenancy periods, extensions or breaking of leases, Sub-letting and co-letting, and more. There are also many other considerations you may have when renting a property. Feel free to get in contact with the friendly Kelly Legal team for a chat on 4911 0500.
Property Developers
By Motifo Master • 17 Mar, 2021
Whether you’re an experienced property developer or you’re looking to start your development journey, Kelly Legal has the skills and experience to guide you through the process. There are quite a few considerations and risks you may need to be aware of, as well as trained professionals that you will need to engage before developing. We recommend you speak to a real estate and property lawyer early on in the picture. Our experienced team can help with the following: Building development agreements, Reviewing and preparing contracts, Due diligence, Liaising with government and environmental bodies and explaining local council zoning regulations, Advice on financing and funding, Contracts for off-plan purchases, Preparing construction contracts, and more. We can help you navigate through the rules, regulations, standards and practices required, from the purchase of land for multiple dwellings, to a small subdivision or multi-use residential development.
Building and Construction Contracts and Disputes
By Motifo Master • 17 Mar, 2021
Whether it’s a minor disagreement regarding a contractual clause or a major dispute with contractors or subcontractors, the team at Kelly Legal are here to help achieve the right outcome. Engaging a team of highly experienced real estate and property lawyers is important from an early stage. We can review the contract and ensure all parties are meeting their obligations. There are several common reasons for disputes within the building and construction phases, including: Defects, Delays, Early termination of contract, Non-payment, and more. Each contract and dispute has different challenges, and we take great care to ensure all clients receive the right advice and support to navigate through their issues. If you want a team that has the experience and skills to deliver careful negotiations and a positive outcome, give the Kelly Legal team a call on 4911 0500.
Our Personal Real Estate Team
Sean Kelly