Commercial Property

The property team at Meyer Vandenberg has extensive experience in dealing with commercial property transactions. We perform millions of dollars of property transactions annually.

Commercial property is a multifaceted area of law, bringing into play expertise in the areas of property law, trust law, GST and income tax law, revenue law (duties), asset protection, planning law, leasing and finance. Parties to a commercial property transaction must act expeditiously to ensure that they secure the deal while protecting their interests. Many areas of law must be considered carefully and expertly, while undertaking complex negotiations with various parties including planning authorities, tenants and banks.

At Meyer Vandenberg, we have the knowledge and depth of experience to enable your commercial property transaction to proceed smoothly, while getting the best commercial outcome for you.

What we do

  • Undertake legal and property due diligence so that you will understand the risks and opportunities of the property to be purchased.
  • Liaise with appropriate experts including planners, valuers, surveyors and finance brokers to provide integrated advice regarding your intended purchase.
  • Expertly guide you through the contract negotiation, so that you can sell or purchase property with confidence.
  • Advise you on appropriate structures for asset protection and tax minimisation.
  • Explain bank finance documents to you, and negotiate the contract terms on your behalf if required.

The MV difference

  • Depth of experience in all facets of ACT and NSW property law.
  • Expertise in all types of property transactions including buying, selling and developing land.
  • Experience in complex property joint ventures and syndicates for land development projects.
  • First-hand expertise and experience in the sale of vacant land by the ACT Government.
  • Fast and fearless negotiation of contract terms to protect your investment and secure the best deal for you.
  • Construction law expertise and experience.

FAQs

The GST treatment that will apply on the sale or purchase of commercial property depends on many varied factors including whether or not the property is tenanted, whether it has any residential components, and the GST treatment that applied when the property was purchased. In any commercial property transaction the GST treatment needs to be carefully analysed and considered to ensure that the seller remits the appropriate amount of GST and the purchaser does not pay more GST than it has to. At Meyer Vandenberg our property lawyers have the knowledge and expertise to provide advice regarding GST.

An undocumented lease can cause difficulty for the buyer of a commercial property as it will want to understand its rights and obligations in relation to the tenant. The tenant is also likely to want to have its lease documented and registered on the title of the land prior to the sale going ahead. In this situation we would work with you to document the lease appropriately so that it doesn’t impact on your ability to sell the property and achieve the best price for it.

Stamp duty rates in the ACT are declining. As such there may be an opportunity to delay the entry into a contract for the purchase of a commercial property to take advantage of a lower stamp duty rate. We would work with you to investigate those opportunities and give you advice as to the most cost-effective way to proceed.

Depending on the fund’s investment strategy, a self-managed superannuation fund can purchase commercial property. In some circumstances it may even be able to borrow money to fund the acquisition. Self-managed superannuation funds are strictly regulated and it is important that the proposed asset meets the requirements of the legislation, as a noncomplying superannuation fund can be subjected to harsh penalties and higher rates of tax. We understand the complexities of superannuation legislation and can guide you through this potential minefield.