Understanding the Process of Commercial Conveyancing

Ensuring Corporate Documents' Enforceability - What to Know

30/09/2020

Conveyancing is the legal term that refers to the process of transferring a property from one entity to another. Commercial conveyancing, though similar to residential conveyancing, has quite a few more considerations, such as permitted uses, commercial leases, land taxes, zoning, and so much more. 

Residential conveyancing contracts have a few notable differences from commercial conveyancing contracts. The latter is also far more complex and difficult to navigate for the uninitiated. To help break down the process, we have provided a brief rundown of the various stages involved.

THE COMMERCIAL CONVEYANCING PROCESS

The process of commercial conveyancing usually goes through the following steps:

STEP ONE: Investigations into Property

More often than not, this is the longest part of the process. This is the part where the title and property are examined for issues, encumbrances, and any other factors that can interfere with a seller’s ability to transfer the title and a buyer’s capacity to take it. Even sellers should take this part of the process seriously, as it may show noncompliance with laws or regulations. This might create an issue of responsibility, wherein the seller and buyer must negotiate who is responsible for fixing this noncompliance.

STEP TWO: Contact of Sale Creation.

This is where a mutually beneficial agreement is decided and agreed upon by both the buyer and seller.

STEP THREE: Payment of Fees.

Land taxes, water consumption charges, government regulations and fees fall under this step.

STEP FOUR: Negotiation with Financiers and Mortgagors.

At this stage, buyers will negotiate with their financiers and make certain that their prerequisites are satisfied before the purchase. On the other hand, the sellers will negotiate with their financiers to establish the terms of the settlement and discharge the mortgages against a title, if there are any.

STEP FIVE: Settlement.

This is when the money and documents are finally exchanged. Some of the documents included in this process are the Certificate of Title, Property Plan, Zoning Certificate, Sewage Certificate, Mortgage Arrangement, and possibly, a Discharge of Mortgage. 

CONVEYANCING LAWYERS ARE ALWAYS HELPFUL IN THIS PROCESS

Contracts of sale for Commercial Conveyances are likely to include a list of warranties made by the seller to the purchaser. Should these warranties be breached in some way (such as non-compliance with legislative requirements or a violation of permitted uses of the property), the purchaser will be granted the right of termination.

Conveyancing lawyers will be able to navigate all these warranties with ease, and will likely reveal issues that must be addressed and renegotiated throughout the process. Whether you are buying or selling, it is crucial to enlist the proper legal representation to ensure fairness at all times, no matter what side of the bargain you are on. 

IN CONCLUSION

Residential conveyancing is already a complicated process in and of itself, but what more when you consider the additional steps involved in commercial conveyancing? However, despite its challenges, it is still quite possible to go through the process smoothly and easily. All you need is the right amount of knowledge and a skilled conveyancing lawyer at your side. 

If you need a conveyancing lawyer in Queensland to help with commercial conveyancing, send us a message at GLG Legal. We have the skills to make this process run more smoothly and result in more equitable benefits.

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