Purchasing a Property or Land? 5 Reasons Why you need a Lawyer on Standby

Our professional property and litigation lawyers will help you
every step of the way with your land, first home or investment property
purchase to achieve the best possible outcome. 

Purchasing a home or area of land is a major investment at any stage in life. While it’s an exciting process, it can be equally daunting, especially if you’re a first-time buyer. In theory it might appear straightforward to purchase a property, but in practice there’s a lot of work involved and several instances where matters can become complicated. For example, understanding legal jargon outlined in your contract or assessing your specific tax requirements.  

Having an experienced lawyer by your side gives you:

• total transparency of your contracts;
• confidence in decision making; and
• peace of mind.

An expert solicitor assures you’re covered throughout all unexpected areas of the property purchasing process. They can alert you to any concerns along the way and certify that everything is carried out correctly and legally to protect your best interest and make your investment worthwhile.

Here are 5 Reasons why having a property lawyer on standby is essential and how they can help you through every stage of the purchasing process:

1. Providing Advice on Property Inspections

There can be several areas of concern to look out for when inspecting a property, from internal damage such as mould to contaminated land surrounding the estate. These types of issues are not only costly to handle if you’ve already signed a contract, but they are an extreme health hazard and can have long term negative effects on your wellbeing. An experienced solicitor can give you advice about site inspections and help you arrange for searches and certificates to determine the condition of the property in question. Once the documents and certifications regarding the property are obtained, a lawyer can then review them with you so you can make a fully informed decision before committing.

2. Arranging & Reviewing Official Documents

There are several terms and conditions to understand when signing a contract for a property or land. Contracts can be particularly confusing when legal terminology is used which can be time consuming and stressful to interpret on your own. A solicitor not only arranges all your contracts to ensure everything is covered but with their expertise they know how to check for the right inclusions and exclusions as well as how to identify any unfair clauses. For example, real estate agents are not obliged to tell you about construction sites or developments in your area such as apartment blocks, skyscrapers, or power lines. This information can also be difficult to get hold of from your local council, but a lawyer can provide a comprehensive contract review to ensure there are no unexpected surprises down the road.

3. Preparing Financial Advice & the Deposit

Whether you’re a first home buyer or seasoned investor, a house or land is usually one of the biggest purchases you’ll ever make so you need to feel financially confident. There are several financial factors to consider from stamp duty, GST and capital gains tax (if you’re also selling your current house in exchange for a new one). A lawyer can help you calculate any taxes, so you’re not blindsided by any upcoming costs. Additionally, they can help you with your deposit by placing it into a trust account to ensure it’s ready prior to settlement.

4. Working with all Statutory Authorities Between Settlement

Before a final settlement comes into play, which can take between 4 weeks to 4 months for your desired property, a lawyer will continue to conduct enquiries on your behalf. They will work with all statutory bodies including the local council and water authority to check whether rates have been paid up to date. They’ll also prepare a transfer certification of the property from the Office of State Revenue before you need to settle. A lawyer can also work with your financial provider if necessary, to make sure all aspects of your finances are ready to take place on your appointed settlement date.  

5. Settling the Property

A lawyer will help you finalise everything from start to finish, from an initial contract review, final inspection disputes, as well as being by your side to settle the property on the nominated day. Their presence throughout the entire process is to make sure nothing is overlooked to guarantee the best deal moving forward. Settlement involves liaising and working with the current owner’s lawyer, your banking institution and local government agencies, such as, the Titles Office and council, to transfer the ownership title of the property. A qualified lawyer can also ensure that mortgage security is released from any lenders, remove any caveats and any other obstructions that might interfere with the final settlement.

At Le Brun & Associates, our dedicated team of Property & Litigation Lawyers can help you purchase a property or area of land with complete confidence. We provide sound and knowledgeable advice with the highest level of service to ensure that you get the best possible outcome from your investment. Contact us today for your FREE 30-minute consultation.

COVID-19 – Making Sure your Business is Covered

As experts in business and employment law, our lawyers at Le Brun & Associates are here to support you through tough times.

Just like the rest of the world, Australia is facing unchartered territory as we watch the effects of COVID-19 unfold. The spread of the virus is having major impacts on people’s health, daily routines, work and business operations. Rarely do people or businesses outside of the health sector have plans in place for a pandemic, particularly as rules and regulations enforced by governments in novel times are so unpredictable.

As many people’s livelihoods are on the line, this article addresses three major concerns for businesses regarding workplace laws, new business ventures, and managing debt and creditors in these uncertain times.

Abiding by Workplace Laws

Several businesses have been forced to stand down most of their staff or shut down their workplace entirely for the sake of public health and safety. But this has made workplace laws surrounding employer and employee rights confusing to say the least.

For eligible employers that have qualified for the JobKeeper Payment Scheme but are unsure about your entitlements and obligations as an employer, the Fair Work Commission has released a guide on managing disputes.

However, if you’re a business that doesn’t qualify for the government subsidy, and you’ve been facing complex decisions such as:

• Standing down employees without pay;
• Reducing staffing costs;
• Making redundancies;
• Issuing new employment contracts; and
• Subsidising leave payments;

Then you need to exercise caution before you make any final decisions. Enforcing hasty business decisions in order to protect your business now could be the subject of litigation down the line. It’s essential to seek professional, legal advice to ensure your business operations are lawful and protecting everyone’s best interests.

Starting New Business Ventures

While it’s important to remain optimistic during hard times, now might not be an ideal time to start a new business venture or purchase a franchise. Why? There can be several drawbacks with starting your own business under ordinary circumstances including:

• High start-up costs;
• Long hours;
• High stress & responsibility;
• Unsteady revenue; and
• Great financial risk.

Not to mention the current disruptions to supply chains across Australia and the world, as well as an unpredictable economy. So instead you should consider getting all your potential business plans in order first before locking anything in. This can help you position yourself for the best possible chance of success. If you need general business advice on commercial leases (for property or equipment), franchise agreements, or contractor & employment agreements, one of the most efficient ways to assure you’re covering the necessities is by consulting an expert in business and employment law.  

Managing Debt & Creditors

Whether you’re a sole trader or small business, if you’re struggling at the moment with debt amid the chaos of COVID-19, then you’re certainly not alone. While resolving debt can be one of the most stressful aspects to deal with in life, there are several ways you can manage and reduce debt over time by:

•  Assessing your budgets – Take a closer look at your business’s budgets and see where your money is going to establish how you can put it to better use.
•  Reworking & cutting down on costs – After you’ve identified your income versus your daily, monthly and annual costs, you can start to rework your budget and see where you can cut down on costs.
•  Negotiating with creditors – Speak with creditors directly to fashion a mutually beneficial repayment agreement through a formal extension, renewal or changing an existing agreement.
•  Prioritising your debt – Identify what you can afford to pay now, what you can pay later and where you need to meet in the middle.
•  Contacting your bank – Talk to your bank about applying for financial hardship and what you might need to outline your business’s current financial situation.

There are also some online government resources to help you handle business debt including the Australian Securities & Investments Commission (ASIC) and Support for Businesses in Australia.

At Le Brun & Associates, we can offer referrals to accountants and financial advisors alongside our Business & Employment services. As experts in business and employment law, we can offer advice and support on a range of workplace legal matters including employee leave and entitlements, business loans, debt recovery and lots more.

If you’re a business owner or an employee who is in need of urgent legal advice as a result of COVID-19, we offer a FREE one-hour initial consultation (normally only the first 30 minutes free). Contact us today.

Coronavirus update – a letter from our Principals

To our Valued Clients,

Like you, we’re watching all the coronavirus (COVID-19) developments with increasing concern. Things are changing rapidly and daily, but our priority remains the health and wellbeing of our staff and clients during these uncertain and challenging times. This includes the continuation and resolution of any legal proceedings and matters.

We have taken all the necessary safety precautions and, for now, our offices will remain open. Here’s everything we’re doing to ensure we can continue to support our valued staff, clients and the community in response to COVID-19:

· Feeling unwell? If you’re experiencing flu-like symptoms, have travelled or come into contact with someone who travelled to high-risk areas, or have come into contact with someone who has tested positive please stay home and call your GP.

· Personal hygiene: We’ve stepped up our cleaning processes, and are wiping down all surfaces and doorknobs regularly. We ask our clients and staff to thoroughly wash their hands or use hand sanitiser before and after each visit. We have soap and water and hand sanitiser available in each office.

·  Social distancing: You’re still welcome to book a face-to-face meeting with us. Some of our team is now working from home, with essential staff members permitted to be in the office as per social distancing requirements of 1.5m between individuals.

· Virtual consultations: If you are in isolation, experiencing flu-like symptoms or feel unsafe to attend our office in person we can still provide advice, consultations, witness interviews and group sessions via telephone and Facetime.

· Online court: Although courts have closed and all in-person hearings and trials have been suspended, an online court system has been set up to deal with urgent matters. Therefore, we may still be able to attend court appearance and proceedings. We can also attend ‘e-court’ on your behalf if you’d prefer.

·  Financial assistance: If you have lost your job or income as a result of COVID_19 and are concerned that you may no longer be able to pay for your legal fees, speak with our compassionate expert team on what options are available to you.

Need COVID-19 related legal advice?

The continued spread of COVID-19 is also having a serious impact on our economy and our hearts break as we watch many local businesses struggle and jobs being lost as a result.

As experts in business and employment law, we can offer advice and support on a range of workplace legal matters including work, health and safety (WHS), employee leave and entitlements, debt recovery, business loans and lots more.

If you’re a business owner or an employee who is in need of urgent legal advice as a result of COVID-19, we offer a FREE one-hour initial consultation (normally only the first 30 minutes free).

We’ll continue to monitor the situation and let you know if anything changes. In the meantime, feel free to contact us with any concerns or questions regarding your matter on (03) 9741 6000.

We are here and will continue to serve our local communities in Werribee, Hawthorn and Moonee Ponds.

Helen LeBrun & Andrew Sutton

Rental Repairs: Knowing Your Tenant Rights

The rental world can be complex, especially when it comes to the tenant and landlord relationship. One of the most common disputes between tenants and landlords is repairs. Both sides have rules and regulations to help achieve a fair outcome when it comes to upkeep and maintenance, although they aren’t always straight-forward to manage!

Landlords are responsible for all urgent and non-urgent
repairs unless a tenant has caused damage, then the tenant
is liable for repairing damages.

If you’ve recently become a tenant, it’s best to understand your rights and responsibilities and the correct process of putting forward a repair claim.

Who is Responsible for Repairs?

This is a common question that can often be confusing for both tenants and landlords. According to Residential Tenancies Act 1997, Landlords are responsible for all manners of urgent and non-urgent repairs. It is the landlord’s responsibility to fix and pay for general wear and tear repairs, along with any damage caused by natural disasters, for instance, a roof that has been damaged by a fallen tree.

However, tenants are responsible for any accidental or malicious damage done to the property during the time of the lease, which the landlord is in their right to ask you to pay for. Accidental damage could be as little as a red wine stain on a carpet whereas malicious damage could be nails hammered into a wall without the landlord’s permission. Any damage you cause needs to be reported to the property manager or landlord immediately.

Non-Urgent Repairs

Non-urgent repairs are considered things like a broken appliance that comes with the property or something that is not working to its full potential such as a dishwasher but does not classify as ‘urgent.’

To arrange non-urgent repairs, notify the landlord or real estate agent in writing, advising them what needs to be repaired. It is best to do this in writing to keep everything documented for your records in case a dispute escalates. The landlord then has a responsibility to address and fix non-urgent repairs within 14 days of being notified.

Urgent Repairs

Urgent repairs are classified as any fault or damage in the property that make the place unsafe or insecure such as a burst pipe, electrical fault or gas leak. These repairs must be addressed and fixed immediately by the landlord. Again, it is necessary to notify your landlord or real estate agent about urgent repairs in writing.

If urgent repairs are not taken care of in a timely manner or you cannot get hold of your landlord, you can arrange for the repairs to be carried out yourself for up to $1800. In this scenario, it’s very important you keep all of your receipts and records so you have no issues with your landlord reimbursing you. After you have made repair arrangements, your landlord has 14 days to pay from the date they received notice.

If you cannot afford the repairs out of your own pocket, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that enforces the landlord to carry out the repairs.

In no circumstances should you withhold rent from your landlord or use your rent money to carry out repairs. If you get 14 days behind in your rent, the landlord can serve you with a 14 day Notice to Vacate.

If you’re having trouble with your landlord, you should always first try to negotiate an agreement. If informal negotiations fail, it’s best to seek professional legal advice to discuss your options if you need to take further action.

At Le Brun & Associates we aim for fair outcomes through mediation and negotiation before a dispute escalates to litigation. If you need advice or more information on your tenant rights or a rental dispute, we can discuss your needs during a free 30 minute consultation. Contact us here to find out more.