Commercial Conveyancing
Buy or Sell Commercial Property with Confidence and Legal Clarity
Buying or selling commercial property involves complex legal obligations, financial considerations, and strict compliance requirements. From contract preparation and due diligence to final settlement, every detail matters.
At Garg Lawyers, our experienced conveyancing lawyers ensure your commercial transaction is handled strategically, efficiently, and with your best interests protected at every stage. We make the process clear, compliant, and commercially sound.
Legal Support When You’re Buying Commercial Property
Purchasing commercial property is a significant investment. Our lawyers guide you through the entire process, ensuring you understand your rights, obligations, and potential risks before you commit. We conduct detailed due diligence and manage every legal requirement to protect your investment from exchange through to settlement.
- Reviewing and negotiating the Contract of Sale
- Conducting comprehensive due diligence (title, zoning, planning controls, encumbrances)
- Reviewing existing leases and tenancy agreements
- Advising on GST, going concern exemptions, and stamp duty implications
- Liaising with lenders and coordinating settlement
Buyer’s FAQs
Can I pull out of a commercial contract if I change my mind?
Unlike commercial property, there is generally no cooling-off period in commercial transactions. Once the contract is signed and exchanged, the buyer is legally committed. This is why we include a Due Diligence condition, allowing a defined period to investigate the property before the contract becomes unconditional.
What is “Permitted Use” and why does it matter?
Every commercial property has a council-approved use, such as Retail, Industrial, or Medical. A building may look suitable for your business but may not be lawfully approved for that purpose. We review the zoning or planning certificate to ensure your intended use complies with council requirements.
Do I have to pay GST on top of the purchase price?
Commercial property is generally subject to 10 percent GST. However, this can often be structured as a “Going Concern” if the property is tenanted at settlement and both parties are GST-registered. We ensure the ATO requirements are properly drafted into the contract to avoid unexpected GST liability.
What happens to the tenant when I buy the building?
In most cases, the lease runs with the land, meaning the buyer becomes the new landlord at settlement. We conduct a detailed lease review to identify key clauses, including rights of first refusal and the transfer of bank guarantees or security deposits.
What extra costs should I budget for?
In addition to the purchase price, buyers must budget for transfer duty, which varies by state. There will also be settlement adjustments, including council rates, water, and land tax apportioned between buyer and seller.
Selling Commercial Conveyancing
Legal Guidance When You’re Selling Commercial Property
When selling commercial property, precision and preparation are key. Our lawyers ensure your contract is properly drafted, your legal obligations are met, and the transaction proceeds efficiently. We manage negotiations and settlement requirements to help you achieve a smooth and timely sale.
Our Services Include:
- Preparing the Contract of Sale and special conditions
- Ensuring compliance with disclosure obligations
- Reviewing lease documentation for tenanted properties
- Advising on GST treatment and tax considerations
- Managing settlement and coordinating with all parties involved
Seller’s FAQs
What do I legally have to tell the buyer?
Sellers have a duty of disclosure regarding title encumbrances, such as easements, unregistered leases, and certain zoning restrictions. Failure to disclose material facts or mandatory prescribed documents may entitle the buyer to terminate the contract. We assist with preparing a compliant Disclosure Statement.
How do I receive funds on settlement day?
Commercial settlements are conducted electronically through Property Exchange Australia. On settlement, funds are transferred digitally, the title is updated instantly, and any registered mortgage is discharged automatically.
Who pays rates and land tax when I sell?
Outgoings are adjusted at settlement. The seller is responsible up to the settlement date and the buyer thereafter. In commercial transactions, land tax is often adjusted on a single holding basis to ensure fairness.
Can the buyer use my GST Margin Scheme?
If the sale is not treated as a Going Concern, the Margin Scheme may reduce GST payable by calculating it on the profit margin rather than the full sale price. This must be agreed in writing before the contract is executed.
How long does a commercial sale usually take?
Commercial transactions typically take 60 to 90 days due to due diligence requirements, valuations, and council searches. We can include “time is of the essence” clauses where appropriate.
Why Choose Garg Lawyers for Commercial Conveyancing
Commercial property transactions often involve higher values, complex lease structures, and detailed contractual terms. Without proper legal advice, you may be exposed to financial risk, compliance issues, or costly disputes.
Smart Contracts. Strong Legal Protection.
Our lawyers ensure your contract is legally sound, commercially practical, and aligned with your business objectives.
- Personalised legal support
- Reliable, on-time settlements
- Experienced Australian property lawyers
- Clear communication and regular updates
- Professional conveyancing tailored to your property’s unique requirements.
Always speak to a conveyancing lawyer before signing a Commercial Contract of Sale.
Our testimonial
I had an excellent experience with Garg Lawyers. Their team handled my Commercial Conveyancing smoothly and kept me informed at every step. The process was stress-free, professional, and completed on time.
Michael 
Fantastic service from Garg Lawyers! The team made my residential property transfer easy and stress-free. Their residential conveyancing knowledge and professional guidance truly stand out. Highly recommended for all property legal services.
Rajesh
Garg Lawyers delivered exceptional service with clear communication and expert legal advice. Their professionalism in handling title transfers ensured a seamless experience from start to finish.
Emily
Talk to a Conveyancing Lawyer Today
Whether you’re buying a commercial investment or selling business premises, Garg Lawyers is here to guide you through the legal process with clarity, strategy, and confidence.
