Commercial property
Commercial conveyancing lawyers in Queensland
Offices, retail, industrial and tenanted investments. No cooling-off period, real GST consequences and leases you inherit — commercial property rewards getting the contract right before you sign it.
Commercial conveyancing is not residential conveyancing with a bigger number on it. The protections a home buyer takes for granted — a statutory cooling-off period, a standard REIQ contract everyone has seen a hundred times, a seller disclosure regime — either do not apply or apply differently. What you get instead is a negotiated contract, tenants whose leases you take over, and a GST position that can move the economics of the deal.
Michael Klein has acted on commercial property and business transactions for more than twenty years, including as managing partner of a Moreton Bay firm. That work sits alongside a long litigation background, which is a useful thing in a commercial contract review: he has seen which clauses get argued about later.
How a commercial matter runs
Step 1
Before you sign
The most valuable hour in a commercial deal. We read the contract, check the GST clause, confirm the permitted use, and tell you what the special conditions actually do. There is no cooling-off period on commercial property, so this is the only point at which changes are free.
Step 2
Due diligence
Searches, leases, outgoings, planning, building compliance, contamination and body corporate records where relevant. We report on what we find in plain English, with a clear view on what matters and what does not.
Step 3
Conditions and negotiation
Finance, due diligence and lease-review conditions have to be managed to their dates. We deal with the other side's solicitor, negotiate amendments and price adjustments where the searches justify them, and keep your broker in the loop.
Step 4
Settlement
Adjustments for rates, water, land tax and outgoings, apportionment of rent and bonds, transfer of bank guarantees, notices to tenants, and electronic settlement. We confirm the outcome the same day.
Property we act on
- Offices and professional suites
- Retail shops and shopping centre tenancies
- Industrial sheds and warehouses
- Commercial and industrial strata units
- Medical and allied health premises
- Childcare, hospitality and licensed premises
- Development sites and vacant commercial land
- Freehold sold together with a business
The three that cost the most
- GST. A contract silent on GST, or one that assumes going-concern treatment without meeting the conditions, can leave a buyer funding an unbudgeted 10% or a seller wearing it out of the price.
- The leases. You buy the tenants as they are — including the rent review mechanism, the outgoings recovery, the make-good obligations and any option already exercised. A yield calculated off the rent roll means nothing if the leases do not support it.
- Permitted use. A property being used a certain way is not proof that the use is lawfully approved. Confirm the approval before you commit, particularly for food, childcare, health and industrial uses.
Buying the business too?
Where the freehold and the business change hands together, the two contracts have to work with each other — settlement dates, the going-concern position and the restraint all need to line up.
Who you will work with
Michael Klein
Legal Practice Director
Admitted 2003. Based in Redcliffe, Moreton Bay.
Read Michael's profile
Commercial conveyancing FAQs
What is commercial conveyancing?
It is the legal work involved in buying or selling commercial property — offices, retail shops, warehouses, industrial sheds, medical suites and commercial units. The mechanics look similar to a house sale, but the risk sits in different places: GST treatment, existing tenants and leases, permitted use under the planning scheme, outgoings, and environmental and contamination issues.
How is it different from residential conveyancing?
Three things mainly. First, there is no statutory cooling-off period for commercial property in Queensland, so the contract binds you from signature. Second, GST applies and how the contract handles it — margin scheme, going concern, or plus GST — can move the price by tens of thousands. Third, if the property is tenanted you are buying the leases as well as the land, and those leases need to be read before you sign, not after.
Is GST payable on a commercial property sale?
Usually yes, unless the sale qualifies as a going concern. A sale of a tenanted commercial property can be GST-free as the supply of a going concern where the parties agree in writing before settlement, the buyer is registered for GST, and everything necessary for continued operation is supplied. The clause has to be in the contract and the conditions genuinely met — you cannot fix it afterwards. Get it addressed before you sign, and take your accountant's advice alongside ours.
Do I get a cooling-off period on commercial property?
No. The statutory cooling-off period under the Property Occupations Act applies to residential property, not commercial. Once you sign a commercial contract you are bound, subject only to the conditions written into it. That is precisely why the contract review has to happen before signing.
What due diligence should a commercial buyer do?
Title and encumbrance searches, the leases and any guarantees or bank guarantees, the outgoings history and recovery provisions, council rates and water, planning and permitted use, building certification and any fire safety or disability compliance issues, contaminated land and environmental management register searches, and the plant and equipment or fit-out being included. For a strata unit, add the body corporate records, sinking fund and any levies or litigation on foot.
What does commercial conveyancing cost?
We quote a fixed fee once we have seen the contract or the terms of the deal, so you know the figure before you engage us. Commercial matters vary too much for a single advertised price — a vacant industrial shed and a multi-tenanted retail strip are different jobs. Call 0488 340 853 and we will scope it on the phone.
Can you act on commercial leases as well?
Yes. We prepare and review commercial and retail shop leases, deal with the Retail Shop Leases Act disclosure requirements, negotiate assignments on business sales, and act on lease renewals and option exercises.
Send us the contract
Tell us briefly what the property is and where the deal is up to, and we will come back with a fixed fee and the issues we would want to look at first. Offices at 40 Theresa Street, Golden Beach and 15 Fortune Street, Scarborough QLD 4020.
Reviews from clients
Meg Drewe · Google review
★★★★★I can’t recommend Erin highly enough. Although things ultimately didn’t proceed, Erin went so far above and beyond to help me, and I’m genuinely so grateful for the time, care and knowledge she gave me. She was incredibly kind, patient and supportive, and always took the time to explain everything and answer my questions. Her guidance made such a difference during what was a stressful and uncertain time for me. It’s so lovely to come across a small local firm that genuinely cares about their clients and goes the extra mile to help. Erin is not only incredibly knowledgeable, but truly cares about the people she helps. I wouldn’t hesitate to recommend her to anyone.
Lesley Bourke · Google review
★★★★★Erin was an absolute standout on the Sunshine Coast in assisting with our mutual sellers’ sale of their home. As a Solicitor, and we deal with many, her professionalism, attention to detail, knowledge, and clear communication were exceptional throughout the entire process. Erin was a pleasure to work alongside and made the legal side of the transaction seamless and straightforward for everyone involved. Her prompt communication and proactive approach were greatly appreciated, and it was clear that she genuinely cared about achieving the best outcome for our mutual clients. I would have no hesitation in recommending Erin to anyone looking for an outstanding Solicitor in the sale of their home. She is a true professional and an absolute asset to her clients.
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Commercial contract in front of you?
Call us, or send an enquiry and we'll come back to you with a fixed fee and clear next steps.