Buying a commercial property is often one of the biggest financial decisions a business owner or investor will make. Whether it’s an office, retail shop, or industrial site, each transaction carries its own risks and opportunities. Having the right legal advice ensures you buy with confidence and protect your investment from costly surprises.
At Thornton + King, our experienced commercial property lawyers and commercial property conveyancers guide clients through every stage of commercial property buying in Sydney and across NSW — from due diligence and contract negotiation to settlement and registration.
How to Buy Commercial Real Estate — the Right Way
Understanding how to buy commercial real estate involves more than just agreeing on a price. It requires a clear understanding of the property’s title, zoning, lease terms, and compliance obligations.
Our commercial real estate lawyers help you:
Review and negotiate the contract for sale – we make sure the terms are fair, reflect your intentions, and protect your position.
Conduct thorough due diligence – checking leases, planning and zoning restrictions, contamination risks, and building compliance issues.
Advise on the ownership structure – whether to buy in your personal name, a company, trust, or self-managed super fund (in consultation with your accountant).
Handle financing and securities – liaising with your lender to ensure loan documents, guarantees, and settlement conditions are properly managed.
Manage tax implications – advising on GST, capital gains, and stamp duty considerations.
Oversee settlement – coordinating with banks, the vendor’s solicitor, and the PEXA workspace to ensure everything proceeds smoothly.
Why You Need a Commercial Property Lawyer
Commercial property transactions are rarely “off the shelf”. They often involve existing leases, complex titles, and specific local council regulations that can affect the property’s value or use.
A skilled commercial property lawyer or commercial real estate solicitor can identify hidden risks, clarify your legal rights, and make sure the deal works for you — not against you. We translate the legal jargon into clear, actionable advice so you can make informed business decisions.
Common Issues When Buying a Commercial Property
When you’re buying a commercial property, some of the most common issues include:
Tenancy and lease arrangements – Are existing tenants reliable? Do lease terms favour you as the new owner?
Zoning and permitted use – Can the property lawfully be used for your intended purpose?
Building and safety compliance – Are there outstanding fire safety or building upgrade requirements?
Environmental and contamination concerns – Particularly relevant for industrial properties or older sites.
Outgoings and maintenance – Understanding how these are shared between landlord and tenant.
Tax and GST – Determining if the sale is treated as a “going concern” or subject to GST.
We identify these issues early, provide practical solutions, and protect you from inheriting someone else’s problem.
Why Choose Thornton + King
Specialist expertise – Our team includes accredited specialist property lawyers experienced in all aspects of commercial property buying.
Practical, real-world advice – We understand that your purchase is an investment decision, not just a legal transaction.
Transparent fixed fees – We offer clear, upfront pricing for most transactions so there are no surprises.
End-to-end service – From first review to settlement, your file is managed by a team of specialist commercial real estate lawyers and commercial property conveyancers.
Sydney-based, NSW-wide reach – We act for buyers all across New South Wales.
Frequently Asked Questions
How is buying commercial property different from residential property?
Commercial property purchases often involve leases, GST, and more complex due diligence. Unlike residential conveyancing, each commercial deal is individually negotiated and tailored to the parties’ needs.
Can I buy commercial property through my SMSF?
Yes — many investors do, but strict superannuation rules apply. It’s important to speak to your accountant or financial adviser to ensure compliance before proceeding.
Do I need a commercial real estate lawyer or a conveyancer?
Commercial property transactions are far more complex than residential conveyancing. It’s essential that your matter is handled by an experienced commercial real estate lawyer to ensure your interests are properly protected.
What are the main steps in buying commercial property?
Typical stages include due diligence, contract negotiation, exchange, finance approval, and settlement. Each stage involves specific legal and commercial checks that we’ll manage for you.
What is the usual settlement timeframe?
Most commercial contracts provide for 6-12 weeks between exchange and settlement, though timing can vary depending on finance and lease arrangements.
Speak to a Commercial Real Estate Lawyer
If you’re considering buying a commercial property or want to understand how to buy commercial real estate safely, we’re here to help.
Contact Thornton + King today to speak with an experienced commercial property lawyer or commercial real estate solicitor. We’ll guide you through the process, protect your interests, and make sure your transaction is completed smoothly and strategically.
