Purchasing a property is one of the most significant financial decisions you’ll make — but it doesn’t have to be overwhelming. At McCarthy Durie Lawyers, our experienced property lawyers and conveyancers are here to guide you through every stage of the process.

We take the complexity out of property transactions and help you avoid costly issues, ensuring that what you’ve worked so hard to achieve is protected.

When you engage us for your property purchase, we will:

• Keep you fully informed at each stage of the transaction

• Ensure your legal rights are protected throughout

• Conduct thorough property searches and provide clear advice on any associated risks

• Manage the entire legal process — including preparing documents, calculating financial adjustments, and attending settlement on your behalf

If you're buying and selling at the same time, we can also coordinate both transactions to make your transition from one property to the next as smooth and stress-free as possible.

We understand that every property sale has its own unique motivations — whether it’s upsizing, downsizing, relocating, or investing elsewhere. By taking the time to understand your goals, we can tailor our service to meet your needs and reduce the stress often associated with selling.

With our experienced property lawyers and conveyancers on your side, we’ll ensure your sale runs smoothly from start to finish.

When assisting with the sale of your property, we will:

• Keep you fully informed at each stage of the transaction

• Identify and advise on any issues that may affect your property

• Protect your legal rights throughout the process

• Conduct any necessary property searches and clearly explain any associated risks

• Manage the legal process — including drafting and reviewing documents, calculating financial adjustments, and attending settlement on your behalf

If you're selling one property to buy another, we can also coordinate both transactions to help you move from one property to the next with confidence and ease.

We understand the unique legal and compliance challenges that come with buying or selling property through a Self-Managed Superannuation Fund (SMSF). While SMSF property transactions offer many advantages, they must be carefully structured to comply with strict superannuation and tax laws.

Our experienced property lawyers and conveyancers are well-versed in the complexities of SMSF transactions. We regularly assist individuals, financial advisors, mortgage brokers, and accountants with SMSF property matters — and are often called upon where other conveyancing firms lack the specialised knowledge this area demands.

Why SMSF Conveyancing Requires Expert Guidance

SMSF property transactions are closely monitored by the ATO and state revenue offices. Failure to comply with legal and regulatory obligations can result in serious taxation penalties and compliance breaches. These transactions often involve:

• Complex structuring (e.g., Bare or Nominee Trusts)

• Limited Recourse Borrowing Arrangements (LRBAs)

• Strict rules around property eligibility and timing of documentation

• Additional legal steps for settlement, registration, and post-loan title amendments

Our team works closely with your financial advisor, broker or accountant to deliver a streamlined, compliant transaction.

Our SMSF Conveyancing Services Include:

Buying or Selling Property via an SMSF

Whether commercial or residential, the property must satisfy the sole purpose test and single acquirable asset rule to qualify under SMSF investment rules. We ensure:

• The correct purchasing structure (typically through a bare trust) is in place

• All documentation is prepared and executed in the correct order

• Contract conditions are tailored to protect the SMSF’s interests

For SMSF sales, we manage the process from contract drafting to settlement, ensuring sale proceeds are properly distributed and recorded in compliance with fund rules.

Off-the-Plan Contracts

SMSFs cannot purchase vacant land for future development. An off-the-plan purchase can only proceed if the contract is for a completed asset (e.g. unit, townhouse, or house) under a single agreement. We assess eligibility and help you navigate lender and compliance requirements.

Funding Arrangements & Solicitor’s Certificates

SMSF borrowings must occur through a Limited Recourse Borrowing Arrangement (LRBA), not via personal lending. These arrangements carry ongoing obligations for compliance. We:

• Review your loan, mortgage, and guarantee documents

• Provide legal advice required to obtain a Solicitor’s Certificate

• Help you understand your obligations under the LRBA

Establishing Bare or Nominee Trusts

Establishing a bare trust correctly is essential to avoid double stamp duty and ensure legal compliance. We draft and execute trust documentation before contracts are signed, ensuring compliance with both federal and state laws.

Title Transfers & Amendments

When your SMSF loan is paid out, the property title must be transferred from the bare trustee to the SMSF. We handle:

• Preparation of required certifications and statutory declarations

• Lodgement and registration of title amendments

• Compliance with transfer duty requirements

Give your sales the best chance of settling by recommending McCarthy Durie Lawyers.

Our experienced property law team is committed to ensuring smooth, timely settlements – protecting your clients’ interests and your commission.

We work closely with real estate agents to resolve potential issues before they derail a sale. Whether you're dealing with complex conditions or tight settlement timeframes, our team is here to help.

We can assist with:

• Drafting and reviewing special conditions

• Managing building and pest inspection issues

• Negotiating and adjusting settlement dates

• Addressing contract disputes or variations

• Navigating any other legal hurdles that could delay or jeopardise settlement

Partner with McCarthy Durie Lawyers – trusted by agents across Brisbane and SEQ for reliable, proactive legal support in property transactions.

For more information call: 07 3370 5100

Fax contracts to: 07 3245 3948

Or Email: contracts@mdl.com.au