Heads of Agreement – key terms and considerations

A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or...

Options to renew in commercial leases – don’t get caught out!

An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both...

Self Managed Super Funds – Buying Property

Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to...

Buying a business – some handy hints!

So you have found a business and you have your heart set on buying it. Or maybe you work for a business that looks like it is being sold. Congratulations that’s great news! However, before you rush off to hand over the purchase price or greet the new owner of the...

The risks in referring to unattached documents in an agreement

It is not unheard of for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of action the...

Traps to avoid in Commercial Leases

Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease. Some commercial leases are classified as ‘retail’...