Property Law

Our Property Law Services

The following services may be available depending on your circumstances. Scope is subject to assessment and acceptance of instructions.

Sydney Property Lawyers: Contracts, Conveyancing and Property Disputes

Herald Legal assists clients with residential and commercial property transactions in Sydney and New South Wales. Contract terms, title information, finance arrangements, special conditions and settlement deadlines can all affect the risks of buying or selling property.

What should buyers consider before signing?

Consider obtaining legal review of the contract and its attachments before signing or bidding at auction. Relevant questions may concern title, restrictions, special conditions and deadlines. Whether a cooling-off period applies and the consequences of withdrawal depend on the particular transaction and applicable rules.

What should sellers prepare?

Sellers should identify contractual disclosure requirements, title and mortgage matters, settlement timing and any issues that may affect completion. Delays, notices and defaults need assessment against the contract and the applicable law.

Can the firm assist with property disputes?

Retail and commercial leases, co-ownership matters and property-contract disputes may require a review of the agreements, records and relevant legislation. See our Sydney litigation services and business law page.

For bilingual property-law enquiries contact Herald Legal or call (02) 9283 8098. General information only; advice depends on the circumstances.

NSW Property Law Guide — William Gang Wang | Herald Legal

Herald Legal (Wang Lawyers Pty Ltd), led by principal solicitor William Gang Wang, assists clients with property transactions and disputes in English and Chinese. This guide focuses on New South Wales property law. Enquiries from across Australia are welcome, but local requirements and representation arrangements must be assessed for each jurisdiction.

1. What should a lawyer review before a buyer signs?

Review the title, contract special conditions, planning and use restrictions, easements, mortgages and other interests, settlement deadlines and default provisions. For strata apartments, examine strata records, special levies, maintenance and potential building defects. Advertising and verbal assurances should not replace contractual and title checks.

2. Is there a cooling-off period for NSW residential property?

Many NSW residential property contracts negotiated by private treaty attract a statutory five-business-day cooling-off period, subject to exceptions including auction-related transactions and other prescribed circumstances. A cooling-off period may be waived or shortened in accordance with the law. A buyer who rescinds during the cooling-off period generally forfeits 0.25% of the purchase price. The precise rules and deadlines require individual assessment.

3. What additional risks arise in off-the-plan purchases?

Consider completion timing, sunset clauses, variations in area or design, developer disclosure, settlement notices and financing risk. Contractual and statutory remedies may arise where the completed property differs from the original disclosure; the relevant facts and documents must be reviewed.

4. What should be checked before settlement?

Confirm financing, mortgage discharge, transfer documentation, adjustments for rates and other outgoings, applicable transfer duty or taxes, and electronic settlement requirements. Transactions may be completed using PEXA or another approved process depending on the circumstances.

5. What if a buyer or seller fails to settle on time?

The contract governs completion dates, default interest and notice requirements. A Notice to Complete may be available in some circumstances, but validity, reasonable time and the right to terminate are fact-sensitive. Incorrect notices or premature termination can expose a party to significant liability.

6. How are commercial and retail lease disputes handled?

Review the lease, rent and outgoings, default notices, security, repairs, term and renewal options. Qualifying retail shop leases may also be governed by the Retail Leases Act 1994 (NSW). The correct forum and procedural requirements depend on the nature of the lease and dispute.

7. What about co-ownership, title and easement disputes?

Disputes can concern sale or division of jointly owned land, title registration, rights of way, easements and performance of property contracts. Available remedies depend on title documents, ownership structure, agreements and the jurisdiction of the relevant court or tribunal.

8. Can foreign buyers purchase Australian residential property?

Foreign investment approvals, federal restrictions and state tax rules may apply, and the requirements can change. Eligibility depends on the buyer's status, the type of property and current law. Do not assume a particular visa automatically permits every type of residential property purchase.

What documents help with a property-law consultation?

Bring the contract and attachments, title information, property address, financing and settlement correspondence, leases and relevant communications. For disputes, organise payment records, photographs, inspection reports and a timeline. Do not share confidential documents in public reviews.

Principal solicitor: William Gang Wang. Contact: Property law enquiries or call (02) 9283 8098.

Official references: Conveyancing Act 1919 (NSW) · NSW Government property guidance · Retail Leases Act 1994 (NSW).

General information only, not legal advice. Rules and taxes vary by jurisdiction and may change.