i need a solicitor (1 Viewer)

[doe]

hi

im after a solicitor who specialises in commercial property, preferably around mascot or the inner west. where can i find one? is there a directory somewhere? (ive checked the yellow pages).

anyone want to guess what they charge? i need some contracts looked over.

in particular, i need to know if theres any implied penalties for breaking a lease. if i buy a property with a sitting tennant and am unhappy with the terms of the lease, and theres no explicit coverage in the contract or lease with regards to breaking the lease, can i cancel it and ask the tennant to sign a new one? obviously if i change it they would have the right to not accept the new conditions and move out, yeah?

also, why dont legal documents use commas? they have entire paragraphs that are one sentence without any punctuation, except for the full stop at the end. what is with that?

thankee

 

[doe]

another thing, would this be contract, conveyancing or property law?

 

[doe]

ok, i used the law society search thingy and found one, hooray! of the five results, four were named paul. how do i know if they're any good?

id still be interested in any comments you legal boffins would have on the issue. ill tell you what the guy says.

 

[samuelblayden]

Why Do You Need One

 

[doe]

i need some contracts looked over.

in particular, i need to know if theres any implied penalties for breaking a lease.

 

[MoonlightSonata]

if i buy a property with a sitting tennant and am unhappy with the terms of the lease, and theres no explicit coverage in the contract or lease with regards to breaking the lease, can i cancel it and ask the tennant to sign a new one? obviously if i change it they would have the right to not accept the new conditions and move out, yeah?

Leases can be tricky. It is a weird area of the law where contract and property law fuses, and a lot depends on the terms of the lease and how it is assigned when the property is transferred.

In short, you would be bound by the lease, as there will be privity of estate between you and whoever the tenant is once you purchase the property. Generally, for fixed term leases, you can't just terminate the lease agreement without risking being sued.

How long is the lease agreement for? You could wait for it to end, but note that some lease agreements give the tenant an option to renew the lease (though these options are strictly construed and a trivial breach may result in this option not being exercisable). You could always ask them nicely if they would like to terminate the agreement and sign a new one.

But you'd best talk to a solicitor about this, as they deal with all the standard forms, know all the procedures and conveyancing information (it can be quite technical and require speciality courses in conveyancing that go beyond mere property law principles).

 

[doe]

hey thanks. the lease was initially for 5 years, with an option for another 5 years. the inital 5 years is up and the option has been exercised, but doesnt take effect till a few months after the sale. in the conditions, the rent was meant to rise a certain portion each year, but this hasn't happened, either by agreement or more likely due to the incompetence of the management. there is another condition i dont think has been fufilled, based on the information presented by the selling agent (whos competence i seriously question, due a number of factors).

im quite happy with the tennant, and the terms relating to rent and annual increases, however, other aspects of the lease are not in line with fairly common industry practises. its these terms that will determine if the property is commercially viable or not, so its kinda important to me. im waiting for a solicitor to return my call, ill let you know how it goes. thanks for your reply.

 

[hfis]

also, why dont legal documents use commas? they have entire paragraphs that are one sentence without any punctuation, except for the full stop at the end. what is with that?

We do it to make ourselves feel superior to everyone else. A legal document is not a legal document unless at least 50% of it is composed of run-on sentences and/or outdated archaic language. You think those latin phrases actually mean something? Hah, yeah right.

 

[doe]

yeah, i thought it was just to create more work for lawyers

anyway, im going to pay some guy $500 to read it and tell me what it says. i reckon he'll spend an hour or so reading it and an hour or so in a meeting with me, good work if you can get it

 

[santaslayer]

yeah, i thought it was just to create more work for lawyers

anyway, im going to pay some guy $500 to read it and tell me what it says. i reckon he'll spend an hour or so reading it and an hour or so in a meeting with me, good work if you can get it

Shit man. $500!

That document better be around 10000000000000 pages.