Property and Conveyancing

As well as other services, Bywaters Timms Lawyers are property lawyers with extensive experience in property matters gained from acting as conveyancing solicitors for developers, mortgagees, buyers and sellers of commercial and residential properties and businesses in Brisbane and throughout Queensland.

Our conveyancing and property services include:

Commercial and industrial property conveyancing

  • Our commercial property conveyancing includes the purchase or sale of a unit in a commercial building, as well as the purchase or sale of commercial or industrial buildings such as a warehouse, factory or shop etc
  • Our experienced solicitors have recently acted for a number of clients buying property through their self managed superannuation funds and have assisted with having the property trusts established to comply with the Superannuation Industry (Supervision) Act 1993

Negotiation and preparation of leases and parking licences

  • We act for owners and purchasers of commercial property and buildings.  Our solicitors prepare the leases and tenancy agreements for landlords including amendments, renewals, options and car parking licences for the tenants

Sale and purchase of businesses both large and small

  • We assist by providing advice on contracts for the purchase and sale of businesses. This can be anything from a take away on the local corner to a multimillion dollar supermarket. Our solicitors specialise in the sale and purchase of franchised businesses - see our article
  • Our business lawyers help clients (of course liaising with their accountants) to work out the structure such as companies, partnerships and trusts which is appropriate in the particular circumstance. See our structures article
  • These transactions can also involve the transfer of assets, leases, licences and intellectual property. We can assist in drafting confidentiality agreements and deeds of restraint of trade. We also assist with due diligence and often act for clients who want legal advice when opening a business

Retail Shop Leasing

  • Retail premises falling under the Retail Shop Leases Act 1994 have particular requirements and the legislation lays down disclosure requirements and sets strict timeframes. These all need to be taken into account when dealing with or leasing a retail shop.  A shop does not of course need to be in a shopping centre to be classified as a retail shop.  It depends on what the shop is used for as to whether it fits in the definition in the Act

Residential conveyancing

  • Conveyancing should be handled by a lawyer who is experienced in the transfer of home and property ownership. Read more
  • Our Brisbane solicitors have acted for buyers and sellers of houses, units, vacant land, strata title and off the plan properties. Our clients are often first home buyers - see our guide for first home buyers
  • Our conveyancing services include liaising with the solicitors on the other side, real estate agents and banks
  • We consult with our clients to ensure we carry out the searches that are important to them and essential for their protection. See our article on searches

Sale and purchase of development or investment properties

  • We act for property investors and developers in buying or selling all types of property. We offer legal services which aim to help clients understand the risks and benefits, and achieve tax effective investments (with the assistance of their accountants)

Preparation and advising on mortgages or loan documents

  • There are many forms of mortgage and loan documents and they are often complex. We prepare and/or advise clients on these documents to ensure that all the important terms and conditions can be easily understood
  • We provide legal help to protect our client's interests by identifying any hidden fees. We make sure that clients know what they are agreeing to. It is important that you understand your duties, obligations and responsibilities before you sign mortgage and loan documents

Negotiating contracts and options

  • We ensure that contracts meet all of our client's requirements and rights through negotiation with the other party
  • Negotiating and drawing up a contract for the purchase of a business or property can take some time and should not be rushed
  • We help negotiate the terms of contracts for residential property conveyancing if a client would like special conditions in their contract

Duties and taxes

  • We advise on the implications of stamp duty (also known as transfer duty) on different structures including companies, partnerships and trusts to help our clients choose the most appropriate structure for their situation
  • We also advise on the duties payable for property and commercial transactions such as transfer duty for first home buyers
  • Land Tax is another tax payable on property and we can advise our clients on the implication of the land tax legislation

Liability limited by a scheme approved under professional standards legislation
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