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Buying, selling or leasing property in NSW involves significant legal and financial obligations. At Maguire & McInerney, our property lawyers and conveyancers advise individuals and businesses across residential and commercial property matters.
Residential Conveyancing & Leasing:
Commercial Conveyancing & Leasing:
Property Law & Conveyancing Services
Property transactions are among the most significant financial commitments most people will make. Whether you are purchasing your first home, selling an investment property, acquiring commercial premises or entering a leasing arrangement, the legal framework governing NSW property transactions is detailed and unforgiving of errors.
Our property lawyers advise clients across Wollongong, the Illawarra and Greater Sydney on residential and commercial property matters. We provide clear advice on contracts, title, due diligence and settlement under the Conveyancing Act 1919 (NSW), the Retail Leases Act 1994 (NSW) and the Residential Tenancies Act 2010 (NSW).
Getting legal advice early — before signing — protects your position and preserves your options.
Residential Conveyancing
Residential conveyancing covers the legal transfer of property ownership in buying and selling transactions. In NSW, residential contracts are governed by the Conveyancing Act 1919 (NSW) and include statutory protections such as the five business day cooling off period for buyers.
Our conveyancers review contracts, conduct title and strata searches, advise on special conditions and manage settlement from exchange through to registration.
Buying a House
Before signing a contract to purchase residential property, a solicitor should review the contract, title, easements, zoning certificate and any special conditions. Issues identified before exchange can be negotiated. Issues identified after exchange are significantly harder to resolve.
Our conveyancers guide buyers through every stage of the purchase, from initial contract review through to settlement and registration.
Selling a House
In NSW, a vendor must have a compliant contract for sale prepared before marketing a property. The contract must include prescribed documents including the title search, plan of the land, zoning certificate and drainage diagram. Failure to include required documents can give a buyer the right to rescind.
We prepare contracts, advise on special conditions, liaise with the buyer’s solicitor and manage settlement through to completion.
Residential Tenancy
Residential tenancy agreements in NSW are governed by the Residential Tenancies Act 2010 (NSW), which regulates rent, bond, termination rights and repair obligations for both landlords and tenants.
Residential Tenancy Agreements
Our property solicitors advise landlords and tenants on tenancy agreements, termination notices, bond disputes and proceedings before the NSW Civil and Administrative Tribunal (NCAT). Whether you are a landlord managing a dispute or a tenant seeking to understand your rights, early advice reduces cost and risk.
Commercial Property
Commercial property transactions are materially more complex than residential conveyancing. They typically involve due diligence across zoning, planning, existing leases, outgoings, land tax and GST — all of which must be assessed before exchange.
Buying a Commercial Property
Purchasing commercial property requires detailed due diligence on title, zoning, existing leases, outgoings, environmental issues and GST treatment. Unlike residential purchases, there is generally no statutory cooling off period.
Our solicitors conduct comprehensive pre-exchange due diligence and advise on contract terms, lease reviews, going concern provisions and settlement.
Selling a Commercial Property
Vendors of commercial property must prepare a compliant contract and ensure accurate disclosure of leases, outgoings and material matters affecting the property. Where the property is subject to retail tenancies, the Retail Leases Act 1994 (NSW) imposes additional disclosure obligations.
We prepare contracts, advise on GST and going concern treatment, manage lease disclosure and coordinate settlement.
Commercial Leasing
Commercial leases impose long-term financial and operational obligations on both landlords and tenants. Retail premises leases in NSW are subject to the Retail Leases Act 1994 (NSW), which imposes disclosure requirements and restricts certain charges.
Commercial Leasing
Our commercial lawyers advise landlords and tenants on lease drafting, negotiation, option exercise, assignment and dispute resolution. Particular attention is given to rent review mechanisms, outgoings recovery, make good obligations and personal guarantee exposure — all areas where poorly drafted leases create significant financial risk.
Why Choose Maguire & McInerney for Property & Conveyancing
Our property lawyers and conveyancers in Wollongong have detailed knowledge of NSW property law and settlement procedure. We advise on transactions of all sizes — from first home purchases to commercial acquisitions — with a focus on identifying risk early and managing each transaction with structured oversight.
We operate across Wollongong, Shellharbour, Kiama, the Shoalhaven and Greater Sydney.
Before signing a property contract, obtain legal advice. Contact our team to discuss your matter.
Steps To Get Started
FAQs
In many jurisdictions, it’s not a legal requirement to hire a conveyance lawyer when buying a house, but it’s highly recommended due to the complex legal and financial aspects of property transactions. Conveyancing refers to the legal process of transferring property ownership from one party to another.
Here’s why you might want to consider hiring a conveyance lawyer when buying a house:
1. Legal Expertise: Conveyancing involves a range of legal tasks, such as reviewing contracts, conducting property searches, ensuring proper title transfer, and addressing legal issues that may
arise during the process. A lawyer with expertise in property law can navigate these aspects effectively and ensure that all legal requirements are met.
2. Contract Review: The purchase of a house involves a contract between the buyer and seller. A conveyance lawyer can review the contract to ensure that your interests are protected, negotiate terms if necessary, and clarify any legal language that you might not understand.
3. Title Search and Due Diligence: A conveyance lawyer will perform a title search to ensure that the property’s title is clear and there are no outstanding liens or encumbrances that could affect your ownership. They can also conduct due diligence to identify any potential legal issues with the property.
4. Document Preparation and Filing: Property transactions involve a significant amount of paperwork, including legal documents and forms that need to be accurately prepared and filed. A conveyance lawyer can handle these tasks to ensure that everything is done correctly.
5. Problem Resolution: If any legal issues arise during the transaction, such as disputes over property boundaries, easements, or other legal matters, a conveyance lawyer can help resolve these problems and protect your interests.
6. Financial Protection: A house purchase is a major financial investment. A conveyance lawyer can help ensure that the financial aspects of the transaction, such as the handling ofd eposits and mortgage documents are properly managed.
7. Peace of Mind: Hiring a conveyance lawyer provides you with peace of mind knowing that a legal professional is overseeing the transaction and protecting your interests.
While it’s possible to complete a property purchase without a conveyance lawyer, doing so increases the risk of making mistakes that could have significant financial and legal consequences.
Conveyancing is the legal process of transferring the ownership of property (real estate) from one person or entity to another. It involves a series of steps, documentation, and legal formalities that ensure the smooth and lawful transfer of property rights.
The conveyancing process involves several key stages:
1. Pre-Contract Stage: This involves gathering information about the property, verifying the legal ownership of the property, checking for any outstanding debts or encumbrances, and preparing draft contracts.
2. Pre-Completion Stage: During this phase, the final contract has been exchanged and the parties are preparing for settlement including undertaking any remaining legal checks and searches,
liaising with banks and preparing statement figures for completion.
3. Completion Stage: This is when the actual transfer of ownership takes place. The purchase price is paid, and the property’s legal ownership is formally transferred from the seller to the buyer. The transfer is now completed through an electronic conveyancing platform called PEXA to officially record the change of ownership. This process finalises the legal transfer and ensures the new owner’s rights are properly registered.
Conveyancing typically involves a solicitor who handles the legal aspects of the process on behalf of the buyer or seller. The solicitor ensures that all legal requirements are met, conducts necessary searches, prepares and reviews contracts, and manages the transfer of funds.
Conveyancing is important to ensure a secure and lawful transfer of property ownership while protecting the rights and interests of both parties involved in the transaction. It’s worth noting that the specific details of conveyancing can vary depending on the jurisdiction and local laws governing property transactions.
PEXA stands for Property Exchange Australia. It is an electronic property settlement platform that facilitates the exchange of property ownership in Australia. PEXA provides an online platform where parties involved in property transactions, such as buyers, sellers, conveyancers, lawyers, and financial institutions, can complete the process of transferring property ownership, paying stamp duty, and settling funds electronically. Before the introduction of PEXA, property transactions in Australia often involved a manual and paper-based process. PEXA aims to streamline and digitise the property settlement process.
PEXA offers several benefits, including:
1. Efficiency: Property transactions can be completed faster since the process is digitised and can be conducted in real-time.
2. Accuracy: Electronic transactions reduce the risk of errors that can occur when dealing with paper documents.
3. Transparency: All parties involved in the transaction can access the platform to track the progress of the settlement process.
4. Security: PEXA employs security measures to protect sensitive information and prevent fraud.
5. Convenience: Parties can access PEXA’s platform from anywhere with an internet connection, reducing the need for in-person meetings.
Overall, PEXA has transformed the way property settlements are conducted in Australia, modernising the process and bringing it into the digital age.
In New South Wales, all retail or commercial leases over 3 years are required by law to be registered.
In New South Wales, commercial leases are registered through Land Registry Services.
By registering the lease, it becomes a legally recognised and enforceable agreement, offering a solid foundation for resolving any potential conflicts or disagreements that may arise during the course of the lease, including as a result of the sale of the property.
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