Residential and Commercial Conveyancing: Their Differences

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Whether your property is residential or commercial, you need to be familiar with the legal process of conveyancing and the services provided by property conveyancing professionals. However, the conveyancing process for a commercial property differs from that of a residential property. 

Primary Differences between the Two Types of Property

If you’re an Australian thinking about investing in property, it’s worth considering commercial real estate. Commercial properties are regularly valued based on their potential future income and cash flow, which means they can offer investors a wider variety of opportunities and a potentially higher return than residential property. The heightened risks of commercial investment also require a greater level of due diligence, so you’ll have to be prepared to do your homework before jumping into the market.

When one compares a rental property with a commercial investment, the process of purchasing the commercial asset can often be more complex. The physical structure includes many unique aspects, which require more diligent research and a more considerable initial investment. A commercial property ensures diversification and all-around exposure to the economy.

Residential Conveyancing

A residential conveyancing attorney can help you deliver all the information required to make a sale. If the property is covered by a body corporate, you must give all necessary information about the body corporate. You must also provide information about smoke alarms, electricity safety switches, and other similar systems if the property has any of these.  Buyers who do not receive the disclosures required by law before they settle a contract are entitled to withdraw from the contract and receive compensation from you, the seller.

If you want to buy an apartment in Queensland, you have five days to change your mind. This is a cooling-off regulation for selling residential property. It is crucial that you still speak to a lawyer because they will make the contract more suitable for you by ensuring that you can get your money back in the event that the residential property is actually not worth what they are selling it to you for. 

Commercial Conveyancing

The conveyancing of commercial property generally takes longer than that of residential property because the seller needs to ensure that the buyer is aware of all restrictions on the property. The seller is also responsible for pending zoning changes, land taxes, and property availability. 

The sale of commercial property is a complex process that takes into account a wide variety of concerns to be able to transfer the title to a willing buyer. These issues include adverse claims, outstanding taxes, and other issues that delay the transfer.

When buying commercial property in Queensland, the buyer is responsible for conducting a title search and property investigation. However, it is also vital for the seller to do their own assessment. Otherwise, liability for non-compliance may be imposed against the seller should any issues arise.


Property conveyancing is the process of transferring land ownership from the seller to the buyer. There are numerous procedures and steps to follow when purchasing either residential or commercial property. It is definitely a complex subject, and there are many aspects you need to know about before making a commitment. 

There are very specific laws and regulations you have to follow. This is why it is essential to hire a conveyancing lawyer to handle these complex procedures properly. Hopefully, the article above will help you understand what you should do and avoid when buying property.

If you need the best conveyancing in the Redlands area, trust Bickell and Mackenzie. We are a well-known family-owned law firm specialising in conveyancing, wills and estates administration, and more. Contact the team.

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