The right buyer
on the contract.

When a super fund, trust or company buys property, the name on the contract and the way it is signed matter. We work with your accountant and lender so the purchase is set up correctly before anything is signed.

Client reviews

Property law clients,
in their own words.

Is this you?

When people come to us about SMSF, trust and company purchases.

Each of these is a good reason to call, and none of them is too early.

  • Your self-managed super fund is buying a property with a loan.
  • Your accountant has recommended buying through a trust or company.
  • You signed in your own name and now need the fund or trust to buy.
  • The lender has asked for a bare trust and nobody has explained it.

How we help

Getting the buyer right at signing avoids paying for it twice.

Super funds, trusts and companies each have rules about how they can buy, borrow and hold property. A contract signed in the wrong name, or before the right structure is in place, can mean extra duty, a fund in breach of the super laws, or a loan that cannot proceed.

We read the contract with your structure in mind, coordinate with your accountant, financial adviser and lender, and prepare the documents a borrowing super fund needs, including the bare trust.

What we do

  • Advice on the correct buyer and how the contract should be signed
  • Nominations and changes of buyer, where they can be done safely
  • Bare trust and custodian arrangements for super fund borrowing
  • Duty and foreign purchaser checks for trusts and companies
  • Coordination with your accountant, adviser and lender
  • Conveyancing and electronic settlement

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs
  1. Day 1: send the contract

    Email the contract and section 32, or the link from the agent, and tell us the auction or signing date.

  2. Within 24 hours: the red flags, in writing

    What the contract commits you to, what to negotiate before you sign, and what would make us tell you to walk away.

  3. Before you sign: a fixed fee in writing

    One quote for the whole conveyance, so you know the cost before you are committed to anything.

  4. From then on: one lawyer, no chasing

    The lawyer who reviewed your contract runs the file to settlement. You are told the settlement figures before the day, not after.

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

  • Can I sign now and change the buyer to my fund later?

    Sometimes, but it can cost duty twice or breach the super rules. Talk to us before you sign. Usually the contract can be set up correctly from the start.

  • Do you work with my accountant?

    Yes, and we prefer to. Structure and tax decisions are better made together, before the contract is signed.

  • What does it cost?

    Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.

Tell us what is going on. We will tell you where you stand.

A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.