Real Estate
Our versatile and highly experienced real estate lawyers provide timely, practical and commercially focused advice across all types of real estate transactions, including, but not limited to, the sale and acquisition of residential, commercial, retail and industrial properties, and the development, leasing and financing of real estate. Our clients include reputable multinational corporations, developers, financial institutions and government agencies.
Professionals
Kenneth Hong
Partner
Reiko Reynolds
Special Counsel
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View MoreCorporate and Commercial Disputes,Real Estate Acquisitions and Disposals,Real Estate Disputes
05 April 2022
Considering buying off-the-plan? Purchasers beware.
H & H Lawyers successfully defends a vendor developer against claims brought by the purchaser of an off-the-plan property in the Supreme Court of NSW. While the benefits of buying an off-the-plan property are often highlighted to a purchaser, the decision in Xu v Lindsay Bennelong Developments Pty Limited & Ors [2020] NSWSC 1692 confirmed the importance of having any terms that are “non-negotiable” for the purchaser to be clearly expressed in writing in the contract for sale of land. Facts In this case, the plaintiff was a purchaser of an off-the-plan property.
Real Estate Leasing
23 October 2018
Retail lease ②
Q: In order to start a cafe, I decided to rent a store. What should I keep in mind when entering into a lease contract? (A man in his 30s, working at a restaurant) A: For this case, we will focus on the law in relation to retail lease and explain the NSW "Retail Lease Act".
Real Estate Development
03 October 2018
Defects in Strata Building
There have been many reports of defects in new apartments in the Sydney region. To address these issues, the Strata Schemes Management Act 2015 Part 11 provides new obligations that property developers must follow. Under the new law, property developers are required to pay NSW Fair Trading a deposit, equal to 2% of the value of the contract exchanged with the Construction Company.
Real Estate Leasing
03 October 2018
Retail lease ①
Q: I want to lease out a store in order to open a cafe. What should I keep in mind when entering into a lease contract? (Male in his 30s working at a restaurant) A: The most important thing when running a café is leasing a store.
Real Estate Leasing
01 July 2017
Retail Lease Update 2017
1. Minimum Term (Section 16) 2. Registration of Retail Lease (Section 16) 3.
Real Estate Tax
01 July 2017
Changes Foreign Resident Capital Gains Withholding from 1 July 2017
When a foreign resident sells Australian property over $750,000.00, the purchaser is now required to withhold 12.5% of the purchase price (or cost base) and pay that amount to the Australian Taxation Office (ATO) prior to completion, unless a clearance certificate has been obtained by the vendor from the ATO. On 22 June 2017, the Treasury Laws Amendments (Foreign Residents Capital Gains Withholding Payments) Bill 2017 came into effect which reduced the threshold and increased the rate of the foreign residents capital gains tax withholding. The effect of the legislation is that for any contracts entered into after 1 July 2017: EXAMPLE: If you entered into a contract to buy a property from a foreign resident for $850,000 and you are not provided with a clearance certificate from the ATO by the vendor before settlement, you will now be required to withhold $106,250 from the purchase and remit that sum to the ATO.