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Commercial Conveyancing

At Price and Kelway we are experienced in this area and offer invaluable expertise to assist you through the process. Here’s some information on the process and how we can help:

1. Initial Consultation and Due Diligence: 

  • We can assist you in assessing the feasibility of the transaction for your intended purpose by carrying out early due diligence into the property which would include reviewing legal documents, property titles, leases, current planning permissions and other relevant factors to identify potential risks and liabilities. 

2. Contract Negotiation and Drafting: 

  • We can assist with negotiating the Heads of Terms which form the framework for the sale/purchase transaction.
  • We are skilled in the drafting and review of legal documents, including exclusivity agreements, option agreements, the purchase/sale agreement, leases, transfer deeds ensuring that the necessary provisions are made to reflect the intentions of the parties and to protect our client’s best interests.  

3. Title Investigation and Land Registry Searches:

  • We conduct detailed title investigations and land registry and other conveyancing searches to identify any encumbrances, liens, or restrictions affecting the property or constraints on your proposed use of the property. 

4. Financing Arrangements: 

  • Alongside your financial advisors, accountants and mortgage brokers, we assist with arranging financing for the purchase, including commercial loans, mortgages, or other financing options. 
  • We review financing agreements, loan terms, security arrangements, and collateral requirements to ensure compliance with legal and financial obligations. 

5. Regulatory Compliance: 

  • We can provide advice on regulatory requirements, such as planning permissions, licences and permits to ensure legal compliance and mitigate regulatory risks.  

6. Lease Review, Assignment and Preparation: 

  • If the property is leasehold or is subject to leases, we review existing lease agreements to understand tenant rights, obligations, and lease terms and to ensure that you are comfortable with your ability to comply with the same. 
  • We assist in negotiating lease assignments, subleases, or lease terminations as necessary to facilitate the property sale. 
  • If it is intended that a Lease will be created either on or after completion of the transaction, we draft suitable lease documents to reflect the intentions of the parties and negotiate the same to ensure that we mitigate the onerous terms for you. We advise on the applicability of the Landlord and Tenant Act 1954 and guide you through the process. We advise you on your obligations as Landlord and/or Tenant and can assist with the ongoing Landlord and Tenant relationship for the duration of the lease. 

7. Completion and Transfer of Ownership: 

  • We oversee completion of the transaction, ensuring that all legal formalities are completed, and the transaction is executed according to the terms of the purchase agreement in as streamline a fashion as possible. 
  • We facilitate the transfer of ownership or the creation of a tenancy, coordinate the exchange of funds, and ensure that the relevant tax return (Land Transaction Tax in Wales or Stamp Duty Land Tax in England) is submitted, and the property is properly registered with HM Land Registry. 

8. Post-Completion Matters: 

  • Following completion, solicitors assist clients in addressing post-completion matters, such as updating property records and notifying third parties, tenants, landlords or lenders.