How Rostron Carlyle Lawyers can help you protect your home with Property Law

Posted by on May 9, 2017 in Home Improvement |

Property law is the area of law that governs the various forms of ownership and tenancy in real property, says Wikipedia. Property laws fall into the common law legal systems and cover all aspects of ownership of personal property (movable possessions) and real property (e.g. ownership of land). Since there are loops, holes and intricacies involved in property acquisition, it is always essential to hire a professional property lawyer to help protect your home either when buying one or when you consider selling it. They will assist you to navigate these loopholes easily and efficiently. 


Whether it’s a small home or a big home on substantial acreage, you will most probably require a mortgage to pay for the huge purchase. With the many papers involved during the transaction, you will need the services of a property lawyer to explain to you the terms of the papers you are required to sign and to help you file the necessary paper works that you will need in future if you plan to sell or refinance your home.

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Dealing with vague terms.

At times when selling a home, there are various problems that may arise. For instance, you may sign a broken agreement which does not fully cover the required legal terms. Without this legal agreement, you being the seller become liable to pay a brokerage fee with or without the completion of the sale. Having a property lawyer, on the other hand, will assist you to understand the effect of multiple listings that will be available for you in case the agreement allows you as the seller to negotiate.

In case you are the buyer, he will help you negotiate your rights when the seller withdraws the contract to sell the property.


Formulating the purchase agreement.

The purchase agreement is the most crucial document when you need to sell your home. A lawyer is useful in breaking down to you the terms covered and making additions and changes to the agreement. He will address issues such as; the legal action that will be taken in case the home you want to purchase is inspected and found to contain asbestos or ascertaining if the changes made to the agreement by the seller (in case any) were lawful or not.

australian law plaque

Homestead exemption.

This is a legal exemption that is meant to protect a specific amount of an individual’s home value from bankruptcy and creditors. In case you owe a certain credit company or individual a large amount of cash and they plan to use a lawsuit to push you to sell your home so as to settle their credit, a good Queensland Law Society property lawyer will help you to qualify for the exemption which will mean that you creditors will only get the residue amount after you have pocketed your mortgage and the exemption amount. 


Using your “low-risk” spouse’s name for your home title.

This is among the several loops in property law that can help you protect your home. For instance if your partner has a low-risk lifestyle, then the Law Firm Rostron Carlyle Lawyers will help you secure the legal documents and guide you on the procedure of changing you home ownership name to that of your “low-risk” partner so as to protect your home from your creditors since by doing so the property only exists as a separate property for you with minimal exposure to risk. 

a judge's gavel and mallet

Property land disputes.

At times you may have bought a home that had no fencing around it or any neighbours around. Only for a strange to appear one day claiming that he is the legal owner of the property. When such boundary disputes arise then apart from having a land surveyor checking the property records, you will also need a professional property lawyer to defend you in court to ensure you don’t lose your home.


Getting assistance when it comes to issues concerning property laws can be beneficial to you in a variety of ways. If you find yourself needing such assistance then consult lawyers from Rostron Carlyle law firm.


The Rostron Carlyle law firm is a prominent legal firm in Australia which has the best professional lawyers dedicated to offering the best legal services when it comes to commercial and property transactions. Additionally, we also cover disputes or issues concerning criminal, migration and building and construction laws among much more. Our team of qualified and experienced lawyers will offer you quality services for the value of your home. To learn more about Rostron Carlyle, visit our website at Rostron Carlyle Lawyers on LinkedIn, and learn more about our services.