Running a business requires business owners to be constantly aware of their legal obligations. Our commercial lawyers work with our clients to provide practical advice and assistance to proactively manage their business’ legal needs.
We have extensive experience with advising businesses throughout the entire process; from advising start-ups on how to set up a business to assisting multinational companies on their complex contractual disputes. Our commercial lawyers are also highly skilled in reviewing commercial contracts and drafting bespoke commercial agreements to suit our clients needs.
Commercial law services
- Advice for starting a business
- Advice for business management and administration
- Advice for NFP and charities
- Review of commercial agreements
- Drafting customised business agreements
- Guarantees and security documents
- Building, engineering, mining and construction documents
- Commercial negotiations
- Buying and selling a business
- Commercial disputes
Competition and Consumer Law
- Advice for warranty claims
- Advice for product liability
- Australian Consumer Law compliance
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5/5 average rating.
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I have been working with these guys for years now. With lots of hard work and timely communication, they made sure they delivered the best to me. Highly recommended.
We are so relieved as our business is now confident we have every employment agreement and document in place that we need to manage our large team of employees.
JJ Ryan Consulting
We had some gaps in our legals and we were confused with what was and wasn’t a priority. Before finding Legal Kitz and Business Kitz we were having issues finding access to quality, thorough and easy to navigate legal advice that was also affordable for a start up/small business budget. Legal Kitz provided fantastic and easy to understand legal support for our business. Both teams have been incredibly helpful and friendly. They are now our ‘go to’ for business and legal support.
Agreements created by high-quality solicitors. They are comprehensive so you don’t have to worry about it, or engage expensive lawyers which we have done in the past. I was amazed by the quality of the documents and they are very consistent as well. Companies our size wouldn’t normally have the chance to access services like these.
Why Legal Kitz Commercial Lawyers?
Our commercial lawyers have real-world business experience and deeply understand the potential legal pitfalls. This gives us the ability to help you navigate both legal issues and legal opportunities to get the best possible outcomes.
- Outstanding commercial experience
- Real clarity on costs
- Great communication with our clients
Highest quality commercial law services
We pride ourselves on providing the best, most comprehensive employment law and policy advisory service.
We help give businesses security so they can make better decisions and grow on their own terms.
Commercial & effective
As business owners ourselves we intrinsically understand the drivers and challenges of business.
Commercial Law Frequenly Asked Questions
How can I negotiate a commercial retail lease?
Negotiating a commercial retail lease can be tough when you don’t know what things you should be on the lookout for and how to get the best outcome for you and your business.
In Queensland, commercial retail leases are protected and governed by the Retail Shop Leases Act 1994 (Qld). Therefore, your landlord will be subject to additional obligations. For starters, retail lease legislation imposes obligations that landlords must provide tenants with a disclosure statement at least 7 days before entering into the lease. This disclosure statement is a summary of the commercial terms of the lease – failure to disclose certain information gives the tenant the right to terminate the lease.
Additionally, retail leasing premises receive extra protections concerning the unconscionable conduct of landlords. These legal protections can mean that negotiating is not necessary; however, in some circumstances, it may be required.
When it comes to negotiating, there are three approaches: hard, soft, and principled negotiation. We, along with many experts, recommend principled negotiation whereby you focus on the issue, are objective, and consider a variety of options before coming to an agreement.
For the most part, commercial retail leases are for a fixed period of time with an option to renew. In order to receive a favorable outcome for your lease, you need to understand the following:
- The starting rent
- The amount the rent increases or decreases (if any) over the term of the lease
- The actual term of the lease (i.e, 3 years or 5)
- Whether the landlord be willing to sign your personal guarantee
- Whether the landlord is aware of their obligations and necessary compliance with relevant legislation
The starting rent should be lower than the market value. As a landlord, the idea is for you to work your way up from there – ideally receiving rent increases every year or two along with a fair increase in market value. The term of the lease is important, and you want it to be as short as possible with renewal options.
By following these tips, you can ensure that you receive a favorable commercial retail lease that works for your business. If you need help with negotiating your commercial retail lease, you should seek legal advice. Legal Kitz commercial lawyers can provide you with assistance and advice that is tailored to your situation.
Who pays for commercial lease agreements?
The obligations for the parties in terms of payment will be outlined in your commercial lease agreement. As a standard guide, typically you will need to pay a leasing deposit and a commercial bond. Unlike commercial retail leases, most costs are covered by the tenant. This includes the costs of lease preparation, lease registration, and any other costs outlined within the commercial lease agreement.
How can I negotiate a commercial lease agreement?
Commercial leases are understood to be “free for all” under the law in that they are not governed or regulated by any specific legislation. Therefore, commercial lease agreements require careful negotiations on the part of the tenant to ensure that the lease agreement is not onerous or biased.
Before signing your commercial lease agreement, you have the opportunity to negotiate to reach an agreement that meets your business needs. During lease negotiations, there may be various parties involved, including the lessee, the lessor, the letting agent, the managing agent, and the lessee and lessor’s solicitors.
When negotiating, various terms can be negotiated. These include:
- Landlord’s lease preparation or mortgagee consent expenses
- Protection from competition
- Security of tenure
- Permitted use
- Affordable rent
- The outgoings payable and relevant due dates
- Clauses that will not interfere with the day-to-day running of the business
- The ability to operate a profitable business
The decision to negotiate a commercial lease agreement can seem daunting at times, especially when you have little experience with contracts or negotiating. When negotiating, make sure to be focused on problem-solving, and also be willing to compromise, yield, and even take some time to think; that’s how you ensure the best outcome for your business! If you are seeking further advice, Legal Kitz commercial lawyers can provide you with the assistance that is tailored to your situation.
What is a commercial agreement?
A commercial agreement is a legally binding contract between businesses, companies, entities etc. Usually, these agreements are reviewed by solicitors prior to signing to ensure that the parties’ best interests have been considered and implemented. Common examples of commercial agreements include employment contracts, share agreements, loan agreements, partnership agreements, and more.
Although each commercial agreement is unique and tailored to the particular relationship between the parties, there are common terms and conditions that are implemented to ensure that their interests are protected. These include warranties, indemnities, termination, jurisdiction, and damages.
If you are concerned about your commercial agreement, you should seek legal advice. Legal Kitz can provide you with advice that is tailored to your matter.
Does a commercial lease agreement need to be notarized?
Generally, a commercial lease agreement does not need to be notarized. As a commercial lease agreement is a contract it is binding at law. A contract is binding at law if there is:
- An offer of terms and conditions accepted by the other party
- An intention to create a legal relationship
- Certainty of the essential terms, and
- An exchange of values between the parties (this is also referred to as ‘consideration’)
However, disputes usually arise when one party claims that the contract is invalid. Parties may argue that it was not them who signed the contract, that the person who signed the contract did not have authority to sign on their behalf, or even that they were intoxicated at the time of signing.
In these circumstances, having a notary or even a witness can be beneficial. A notary or witness can help avoid unnecessary disputes as they can provide an additional layer of security to your interests and can affirm that parties to the contract were willing and able.
If you’re concerned about whether your commercial lease agreement may need to be notarized or have a witness, contact Legal Kitz commercial lawyers to help determine what’s best for you and your business.
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