Commercial Property Conveyancing

Experienced Legal Support for Commercial Property Transactions

Ardor Legal provides complete conveyancing solutions for all types of commercial properties. We handle all types of property, including office buildings, industrial warehouses, retail premises, mixed-use developments, medical centres, hotels, service stations, childcare centres, agricultural properties, and development sites. We simplify the conveyancing process, mitigating risks and ironing out legal complexities before they become obstacles.

We prioritise making transactions efficient, legally compliant, and in line with your investment objectives. With our smart legal advice, clients can approach commercial property purchases and sales with confidence, knowing each aspect has been meticulously taken care of.

Our Commercial Property Conveyancing Services

Office & Industrial Property Transactions

Commercial property transactions involve complex legal, financial, and regulatory considerations. Our team provides expert legal assistance for:

Buying and selling office buildings, warehouses, and industrial facilities
Drafting and reviewing contracts to protect your legal and financial interests
Conducting due diligence to assess title issues, easements, and encumbrances
Managing settlement processes and title transfers efficiently

Retail & Hospitality Premises

Retail stores, restaurants, and hotels require tailored legal support to ensure smooth transactions. We assist with:

Negotiating and preparing contracts for the purchase and sale of retail and hospitality premises
Conducting due diligence to uncover risks such as lease obligations, licensing requirements, and encumbrances or restrictions to title
Advising on compliance with Queensland Liquor and Gaming regulations
Structuring agreements transactions that safeguard your business interests and future growth

We help franchisors and franchisees build strong, legally compliant business relationships that support long-term success.

Development Site Transactions

Developers face unique legal challenges when acquiring or selling land for commercial projects. Our team offers expert legal guidance on:

Acquiring land for commercial, retail, or mixed-use developments
Structuring contracts to align with commercial interest and business goals
Advising on land use restrictions and, title considerations
Assist with negotiating the contract, developing a legal strategy, conducting due diligence, preparing supporting documents, and coordinating any related transactions
Ensuring a legally sound settlement process to avoid costly disputes

Legal Due Diligence & Risk Mitigation

A thorough due diligence process is essential in commercial property transactions to prevent costly legal disputes. Our due diligence services include:

Reviewing property titles, encumbrances, and land use restrictions
Reviewing and reporting on the outcome of appropriate searches and investigations related to the subject property
Identifying environmental risks, encumbrances, easements, and other potential liabilities
Reviewing commercial leases, tenancy agreements, and supplier agreements.
Advising on risk mitigation strategies to protect your investment

We provide strategic legal support to help you secure a lease that aligns with your business needs while protecting your financial and operational interests.

Additional Legal Services for Hospitality & Retail Businesses

Contract Preparation & Negotiation

A well-drafted contract is the foundation of a successful commercial property transaction. We assist clients with:

Drafting clear and enforceable contracts tailored to your specific transaction
Reviewing existing contracts to ensure legal compliance and risk protection
Negotiating terms to safeguard your interests and avoid unfavourable clauses
Ensuring contracts comply with Queensland property laws and industry regulations

Stamp Duty & Tax Considerations

Stamp duty and tax obligations can significantly impact the cost of commercial property transactions. We provide guidance on:

Lodging necessary stamp duty obligations and exemptions
Liaising with your tax advisors to ensure compliance with Australian tax laws, structuring the transaction to optimise tax efficiency, and appropriately addressing GST obligations.

Commercial Lease Reviews & Transfers

If a commercial property transaction involves an existing lease, we provide legal assistance with:

Reviewing lease agreements to assess tenant rights and obligations
Negotiating lease terms to protect both landlords and tenants
Handling lease transfers and assignments to facilitate smooth ownership transitions
Advising on compliance with the Retail Shop Leases Act and other relevant regulations

FAQ

Commercial Property Conveyance

What’s the difference between buying residential and commercial property?

Commercial property is generally used for business or investment purposes and includes offices, warehouses, retail shops, and industrial sites. Unlike residential purchases, a commercial conveyance involves more complex legal, financial, and regulatory considerations.

Do I need a lawyer when buying commercial property?

Yes. Commercial property transactions are rarely straightforward. A lawyer can manage the commercial conveyance process from contract review to settlement, ensuring your risks are minimised and your interests protected.

What is due diligence and why is it important?

Due diligence is the process of thoroughly investigating the property before committing to the purchase. This includes reviewing leases, service agreements, approvals, outgoings, and identifying any legal risks.

What costs should I budget for when buying commercial property?

Expect to budget for stamp duty, legal fees, building and pest inspections, search costs, lender and registration fees, and possibly GST. Ongoing ownership costs like land tax and insurance should also be factored in.

How is stamp duty calculated on a commercial property?

Stamp duty is calculated on the higher of the purchase price or the market value. Rates vary based on the value and structure of the transaction. We can estimate the likely duty payable as part of your commercial conveyance.

Should I buy a commercial property in my own name, a company, or a trust?

That depends on your long-term goals, tax strategy, and asset protection needs. We work with your accountant or financial advisor to determine the most appropriate legal structure before you enter into the contract.

What should I consider if the property is leased to a tenant?

If the property is tenanted, you will generally take over the lease and become the new landlord. It’s critical to review the lease terms (i.e. rent, outgoings, renewal options, and make good obligations) before committing to the purchase.

What happens if the commercial property is sold with an existing lease?

The existing lease remains in place and you, as the buyer, step into the landlord’s shoes. This means you’ll be bound by the terms already agreed with the tenant. We will help you understand your obligations and any potential risks before settlement.

What does a standard contract of sale for commercial property include?

It typically includes the purchase price, deposit, settlement date, due diligence period, and any special conditions. We review and negotiate these terms as part of the commercial conveyance process to ensure your position is safeguarded.

Can I terminate the contract if issues are found during due diligence?

If the contract is subject to due diligence, yes. This clause gives you the right to terminate or renegotiate if material issues are identified. We can ensure this condition is appropriately drafted before you sign.

Can I finance a commercial property the same way I would a residential one?

Not quite. Commercial lending usually involves stricter conditions, higher interest rates, and lower loan-to-value ratios. We can work with your broker or financier to ensure your contract aligns with any lending requirements.

How long does a commercial property purchase usually take?

Most commercial conveyances settle within 30 to 60 days, depending on the complexity of the contract and due diligence period. Having experienced legal support can help prevent unnecessary delays and ensure a smooth transaction.

Can I buy commercial property through my Self-Managed Super Fund (SMSF)?

Yes, an SMSF can purchase commercial property, but there are strict rules to follow. The purchase must comply with the sole purpose test, and the property must be used to generate retirement benefits for fund members. You’ll also need to ensure the transaction is at arm’s length and properly documented. We regularly assist SMSF trustees with commercial conveyances, including liaising with accountants, financial advisers, and lenders to ensure compliance with superannuation and tax laws.

Do I need to complete the commercial conveyance through PEXA?

In most cases, yes. Electronic settlements using PEXA (Property Exchange Australia) are now the standard for commercial conveyances in Queensland. PEXA allows for secure, real-time lodgement of title documents and instant transfer of settlement funds. While there may be limited exceptions, completing your conveyance through PEXA is generally faster, safer, and more efficient. We handle all aspects of the PEXA process on your behalf as part of our service.

Why Choose Ardor Legal?

Tailored Legal Advice

We understand that every commercial property transaction is unique, so we provide personalised legal strategies to suit your objectives.

Comprehensive Due Diligence

We identify and assess potential legal risks, ensuring a smooth transaction with no hidden surprises.

Efficient & Transparent Process

We streamline the conveyancing process to minimise delays and provide clear guidance at every stage.

Compliance & Risk Mitigation

Our team ensures that all transactions comply with Australian Queensland property laws, protecting your investment.

End-to-End Support

From contract negotiations to settlement, we handle all legal aspects of your commercial property transaction.

Partner with Ardor Legal for Seamless Commercial Property Transactions

At Ardor Legal, we combine legal expertise with a practical, results-driven approach to help you achieve success in your commercial property transactions. Whether you’re buying, selling, or developing commercial property, we provide strategic legal guidance to protect your interests and streamline the process.