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Automotive Law

Automotive Commercial Property Transactions

Buying and Selling

Clients of Bennett & Philp Lawyers can benefit from the more than 30 years of experience the firm brings to successfully negotiating and settling all types of commercial property transactions - from motor dealerships to showrooms, service centres to stock holding yards and the development of industrial property.

Whatever the size, every commercial property transaction demands individual attention and careful, efficient negotiation with a speedy response.

Our expert lawyers have extensive experience in all manner of property-based transactions including:

  • transfers of land including both compulsory and voluntary acquisitions;
  • contracts for the purchase of land including long term options and instalment contracts;
  • leases, including Crown Land and Deeds of Grant in Trust;
  • licences to occupy, including commercial, retail outlet and state tenure land for cultural and other purposes;
  • property development transactions, from the application for development approval stage through to the formulation and settlement of off-the-plan contracts and all the complex steps in between, and
  • subdivisions, amalgamations, creation of easements including easements for public purposes and services.

Leasing

We act for both landlords and tenants of commercial and industrial estates, dealerships and showrooms. Our legal services span all aspects of leasing, including lease drafting and registration, lease negotiations, renewals and options, rent reviews, lease variations and surrenders.

Commercial Leasing: There is a dynamic nature to commercial leasing due to the less onerous legislative framework which applies to non-retail premises. We help our clients to negotiate and maintain tailored leasing arrangements established for specific investment and operations objectives.

Industrial Leasing: Leasing industrial premises involves a broader range of issues that need to be considered, including use restrictions under planning legislation and the industry-specific requirements of industrial tenants, such as the requirement for purpose-built structures and facilities. We consider and can advise on all risk profiles including responsibility for contamination and possible need for baseline reports.

Retail Leasing: Our extensive experience in retail leasing includes leases in large retail dealerships and service centres. This expertise includes dealing with retail-specific leasing issues, such as pre-lease disclosure obligations, statutory leasing standards, tenancy relocations, compensation requirements and retail leasing disputes and mediations.

Our approach is to consider each client's individual business needs and achieve a lease agreement which is commercial, functional and achieves the required result for the specific client.

Clients will benefit from our expertise which extends to a variety of industrial uses, including manufacturing, distribution and logistics, waste treatment and transfer services and utilities and infrastructure.

Dispute Resolution

We act on behalf of both landlords and tenants in relation to:

  • Commercial leasing disputes in a variety of matters, in particular, we can negotiate a satisfactory resolution to commercial property disputes, such as those relating to real estate sales and acquisitions, commercial and industrial leasing disputes, mortgage defaults, and land title disputes involving issues such as encroachments, rights of way and easements.
     
  • Resolving disputes, such as those relating to rent arrears, rent reviews, make-good and maintenance obligations, damage and destruction to premises, shop fit outs and alterations, lease renewals and options, tenancy relations and compensation claims.

If you have legal issues relating to commercial property transactions with your dealership, call us for expert legal advice today on + 61 7 3001 2999.