Real Estate Services

For Real Estate agencies, navigating the complexity of real estate law and practice requires a specialist. Whether you want to acquire a new rent roll, need assistance during negotiations or have been contacted by NSW Fair Trading, an insightful strategy is critical.

Ensuring that you have a dedicated real estate legal team in place can make the difference between smooth transactions and costly legal battles. We partner with your real estate agency, and have experience in all facets of running an agency. Our law firm specialises in an array of real estate services to support your agency.

What we do

Our expertise spans across the acquisition and disposal of rent rolls, the drafting of shareholder agreements, and managing commission claims. We are also proficient at handling NSW Fair Trading investigations and addressing trust account fraud. When it comes to franchise reviews and disputes, our comprehensive advice can steer you clear of pitfalls.

Furthermore, we provide guidance on restraints and the best practices for corporate structures. Our assistance extends to dealing with residential tenancy disputes, providing astute advice, as well as offering training and compliance services. We’re here to support your agency’s secure growth every step of the way.

How Baybridge can help with real estate

How can Baybridge help me?

Our Real Estate legal expertise and services include the following:

Why choose Baybridge?

A trusted partner for your real estate agency: At Baybridge, we specialise in partnering with real estate agencies, providing essential support for various business transactions. Whether you're buying or selling property management businesses (rent rolls), undergoing corporate restructuring, or planning for succession, our expertise in real estate services ensures that you have a reliable and knowledgeable partner by your side.

Comprehensive range of services: We offer a wide range of services tailored to meet the specific needs of real estate agencies. Our services encompass all aspects of business transactions, including negotiations with agents and stakeholders, legal due diligence, contract drafting and review, and compliance matters. Whatever your requirements may be, we have the experience and expertise to assist you throughout the process.

Commitment to quality and success: At Baybridge, we are committed to delivering high-quality services and achieving the best possible outcomes for our clients. We understand the importance of each transaction and its impact on your agency's growth and reputation. Our goal is to provide reliable support, mitigate risks, and help you navigate the complex landscape of real estate business transactions, enabling you to achieve your desired objectives.

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Purchase of Rent Rolls

We understand that selling a property management portfolio can be difficult and time-consuming. Understanding the unique intricacies of acquiring a significant asset ensures that the process goes as smoothly as possible; we work with you to guide you through each step. We manage the process from assisting with negotiating the agreement, drafting the purchase contract, and managing the settlement process. Our involvement ensures you are in safe hands, allowing you to focus on managing and growing your business, as well as your new portfolio of clients.

Succession Planning

Real Estate Agencies are unlike any other business, and planning the next stage for your agency requires careful analysis and consideration. Although sometimes emotional, succession planning is a vital part of business planning. We are here to guide and support you through this transition with advice on the best succession plan for you and your team. Once the right plan is in place, we assist with Shareholder Agreements, Buy Back Agreements, and other contracts you may need.

Frequently Asked Questions

Here are answers to some of the questions we hear most often. If you’ve got a question that isn’t covered, hit us up and we’ll be happy to help.
A thorough due diligence should be undertaken to ascertain the best way for you to sell or buy. Will it be a share sale or an asset sale? Will it be a going concern or GST applicable? Take into account the size, location and ratio of owners to properties. Important key terms such as the multiple, retention and restraint provisions should be agreed upon early in the negotiations.
We recommend engaging a valuer to value the rent roll as having a formal valuation prepared will be required by the banks. However, as a general principle, multipliers are used to determine the value of a rent roll. The agreed multiple will depend on a range of factors which include but are not limited to:

  • The annualised income of the rent roll;
  • Whether properties are primarily owned by single or multi-property owners (a higher proportion of numerous property owners increases the risk of churn);
  • The geographic spread of the properties;
  • Whether the properties are predominantly commercial or residential (commercial usually attracts a lower multiple);
  • Average weekly rent and management fee;
  • Percentage of overdue lease renewals, rent increases and routine inspections;
  • Ratio of fixed v periodic lease agreements.
In most employment agreements within the real estate industry, there will be a term restricting the agent from competing with your business for a pre-determined period within a specific radius. Restraints are enforceable but it will depend on the individual agents circumstance to determine what action, if any, an agency can take against a leaving employee.
The short answer is yes. However, there are many tests applicable to a contractual relationship to ensure both parties are compliant. We can draft an independent contractors agreement tailored to your specific agency, ensuring the parties are compliant.
Yes. Our Real Estate Partners are qualified Class 1 Real Estate Agents and have many years’ experiences in property management. They can attend at your office and run some training to assist your property managers in understanding the Residential Tenancies Act and their obligations.
Arguably yes, provided your agency agreement is fully compliant with the Property and Stock Agents Act 2002 (NSW) and the Property and Stock Agents Regulation 2022 (NSW). We can review your agency agreement and advise you on prospects of success, with a detailed plan on commission recovery.

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