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RETAIL LEASING LAWYER SYDNEY

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Get the right advice to navigate the complex rules of retail leasing and ensure your business interests are protected.

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We have been recognized for outstanding client service and excellence in conveyancing law, earning awards year after year up to and including 2025.

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30+ years of dedicated experience in property transactions ensure your conveyancing process will be smooth and stress-free.

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The Ins and Outs of Retail Leasing

Are you considering leasing a retail property? Are you looking to get into a retail business? Are you confused by the process, obligations and responsibilities that will fall on your shoulders? When you decide to lease a retail property, you are signing yourself up for both a responsibility and a commitment. Yes, the rewards are considerable if the business you are choosing to run from that property is profitable and successful however, if your business falls short then the financial consequences could be substantial.

Retail Lease Lawyer
In a nutshell...

Commercial leasing lawyers have extensive experience with these types of documents and the law firm will normally advertise themselves as an expert in the area.

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Who do I speak to about leasing a retail or commercial property?

Commercial leasing lawyers are your pivotal first stop when thinking about leasing a retail or commercial property. Retail leases, commercial leases, and any other type of lease document should be thoroughly vetted to ensure there are no ambiguous clauses, oppressive clauses or catch clauses within. For example, it is always important to consider the terms of the exit clause. If your business fails or you need to shut it down, are you able to get out of the lease or are you locked in for a period of time? Potentially, if you are locked in for three years and your business closes after one year, you will be responsible for leasing the building for an additional two years without any income being brought in from the business. Similarly, you should also consider any fees or additional expenses which need to be paid if you want to exit your lease early.

Where do I look for more information about what is expected of me?

The Retail Leases Act is the legislation you will look to for more information regarding your obligations and responsibilities as a lessee. You will also be able to see the corresponding obligations and responsibilities of the lessor. This will help you understand the ways in which you can and cannot be treated by your lessor and when you can tell if they have overstepped their bounds. It is crucial however that you consider your options carefully before taking any issues further and seek legal advice before opening a door you cannot close.
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Just because you have received a traffic fine or charged with a major offence does not mean that you are guilty. At Jameson Law our expert traffic lawyers know and understand the ins and outs of the Road Transport Act and associated Crimes Act legislation. This puts them in a unique position to ensure your prospects for a successful defence are as high as possible.

What should I be looking for in a lease agreement?

Australian lease agreements should protect the interests of both parties. Lease disputes are most commonly found to arise in leases which favour one party to the contract and ignore or undermine the rights of the other party. For example, rent review is an incredibly important aspect of any lease agreement but it should look at protecting the interests of both the lessee and the lessor. The clause should include an option for rent increase after a period of time but perhaps to balance the interests of a long standing lessee it should include an option to lock in the rent price for a specified period of time.

For small businesses particularly, the price of rent can make or break them so to speak given it is often one of the businesses most substantial expenses. If you are looking at leasing a space within a shopping mall, the competition can be high due to location and this can affect the rate at which rent increases.

What are my options for negotiating my lease?

Before you sign your lease, you have the option of engaging in lease negotiation. This may be done by way of dispute resolution as it is a cost effective way of discussing leasing matters. Dispute resolution is a form of mediation which usually involves both parties to the negotiation and their lawyers. It is a forum whereby each party puts forward their proposed terms of the lease with the intention of meeting somewhere in the middle of what both parties want. The most critical aspect of negotiation is to decide what terms are non-negotiable and which ones have room for negotiation. This way, you are aware of which part of your proposal has room for movement. 

Engaging legal services to help you with this process will not only show that you are taking the situation seriously, but it will help you understand your obligations as a retail tenant.

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Case Study

Savannah wants to become a small business owner and open a hand made card shop in the Sydney CBD. She has managed to find a space to lease and has spoken with the lessor about the terms of the lease. This morning, the lessor sent through a lease agreement for Savannah to consider but she is confused by the requirement for her to provide disclosure statements. She has come to you for advice.

Savannah is required to provide disclosure statements to the lessor as a means of proving that she can afford to lease the premises. The lessor needs to be able to see that Savannah has capacity to not only lease the premises but also to continue to lease the premises in the event her business takes some time to get off the ground.

Case Study

Robert is looking at leasing a space in a Sydney shopping centre. If his business takes off after the first year, he may be interested in renting an additional premises in a NSW shopping centre. Robert eventual goal is to transform his small phone repair and maintenance business into a Pty ltd company. He has come to you for advice on what potential leasing issues he may run into. Robert has big dreams for his business. He is looking to expand his business quickly and move into multiple locations. Robert needs to be careful that his business plan allows for him to maintain his rental obligations under the lease. He needs to also ensure that he has budgeted for the fit-outs costs of each of his locations when he is agreeing to the lease term of three years.

Commercial leasing in a retail shop setting creates tenancy obligations and responsibilities that should never be taken lightly. Seeking advice from a commercial lawyer and conveyancing firm will help you create an air tight lease agreement which serves your interests.

Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our conveyancing lawyers for legal advice tailored to your specific legal matter.

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At Jameson Law, we are experts in Retail Leasing. Speak to one of our commercial leasing lawyers today about your business goals and commercial interests!

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What our Clients Say

Latest News and Resources on Conveyancing Law

FAQs

Frequently Asked Questions.

No. We are a law firm, not conveyancers. This provides our clients with further guarantees and insurances; as well as enables us to represent you in court should there be any mishaps. As a law firm we undertake a mandatory cover via LawCover. This along with other statutory warranties covers us for up to $2 million dollars per claim.

Yes! Our dedicated property team has over 40 years dealing with complex strata disputes and reports. So we know exactly what we are looking for in determining a healthy the strata structure and corp, and decipher what the report entails and advise you accordingly.

Our property law team has over 40 years of experience in property law, conveyancing and environmental law. They work daily on residential and commercial property purchases and sales as well as commercial leases.

  • a title search
  • certificate fees charged by authorities with responsibility for water, electricity, roads, schools etc.
  • registering the mortgage
  • registering the transfer.

Conveyancing costs, other than legal fees and disbursements, may include:

  • building and pest inspections
  • survey report
  • establishment of mortgage
  • home building insurance
  • valuation fees
  • strata report
  • mortgage insurance
  • stamp duty and mortgage duty
  • levies, if the property is in a strata or community scheme
  • council and water rates.

Whilst there are no hidden service charges or costs per se, it is important to understand what is included in the scope of work you are paying for. For example, our property lawyers specify the number of contract reviews included in our scope of works under the ‘Scope of Works’ section of the Costs Agreement. You will also need to seek a qualified financial advisor or tax agent in relation to any tax or financial advice.

Phone and email communications. You will receive an initial letter with written advice on the contract; then we will be in contact frequently to obtain instructions and advise you on the other party’s responses. We will then touch base during settlement to ensure you are ready to settle and stay in touch frequently up to and during settlement. We will then advise on outcome of settlement and update on any delays etc.

We take an upfront payment to cover contract reviews with the balance of our fees and all disbursements taken upon settlement from the settlement monies.

Pretty much. We take an upfront payment to cover contract reviews with the balance of our fees and all disbursements taken upon settlement from the settlement monies.

The number of included contract reviews will vary depending on the complexity of the contracts provided e.g. those with apartments/townhouses and associated strata reports will have less reviews included. All our reviews are accompanied by thorough written advice and a consultation to ensure you understand exactly what you are getting into. This is the biggest purchase of your life, and we are here to ensure it doesn’t turn into a nightmare!

Usually they are much more expensive due to the added value and advice they are able to bring to the table and ensure your conveyance is successful. Having said this, at Jameson Law our conveyancing rates are fixed and very competitive. This is only made possible due to the efficient structure of our dedicated conveyancing team and the effective legal and business processes we follow. Contact us today for a competitive fixed price quote.

The difference between a conveyancing lawyer and a conveyancer is in the name; that is the former is a lawyer while a conveyancer is not.

While a licensed conveyancer specialises in the process of property transfer, they are not property lawyers and are not otherwise familiar with Australian property law or other legal matters or legal issues that may arise. In other words, conveyancers are able to assist you with your conveyancing needs and conveyancing transactions only. Beyond that, you will require a property lawyer to assist with any legal issues relating to property law.

Conveyancing lawyers are those that practice conveyancing. They act in the same capacity as a conveyancer when simply assisting a client with a property transaction, however, they are able to also provide legal advice regarding other property law matters or legal issues that arise.

Our Michael Najem is a senior solicitor with over 25 years of experience in Property Law and Environmental Law. He is also a lecturer in Conveyancing at the University of Sydney and Environmental Law at Notre Dame University. Our team consists of only lawyers who spend most of their time/experience conveyancing or working on property disputes.

We provide a fixed fee for our professional fees + disbursements. Disbursements can range anywhere from $150 to approx $1000.

Additional professional fees will only come into play if you want us to review contracts for more than 3 properties or where there are additional complexities eg non-standard contracts or lengthy strata reports etc.

Settlement by default is 6 weeks. We can negotiate varying timeframes on your instructions. An upfront payment is required for contract reviews, with the balance taken upon settlement.

We pride ourselves on excellent communication. Iniitaly you will receive writtent advice on your contract as well as advice regarding property purchases / sales. We will be in contact frequently to obtain instructions and advise you on the other party’s responses up until the contract has been executed.
Once it is time to settle, generally 6 weeks, we will be in touch with you to ensure you are ready to settle. We will advise you of the pre-settlement inspection date, and guide you through the pre-settlement process – assisting and advising on any grivances or concerns you have with the state of the property. Once all issues are resolved, will advise on final settlement date, and keep you updated with any progress. You will then receive a congratulations message from the team 🙂

You will only be required to cover our costs incurred. This is generally only the contract review costs which is stipulated in your costs agreement.

As part of the contract review, we confirm the measurements as dictated by the contract. This is the measurement that should make the basis of your offer, and not rely on any marketing by real estate agents etc.

We will provide advice on any structures on the property that are not certified/approved by council as well as any other concerns and caveats that are found as a result of the nominal conveyancing searches.

We will organise the inspection with the vendor and provide guidance on what to look out for. We will then convey any concerns you have to the other party and resolve any disputes.

Yes. It is always important to advise us upfront if you require an adjusted settlement date so that we can ensure it is stipulated in the contract prior to execution. If the contract is executed and you change your mind about the settlement date, there are often financial implications. We normally negotiate better rates to ensure that if there are any delays or changes requested by you at a later stage in the settlement period, then the financial implication is more tolerable.

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