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Laws and regulations applicable to real estate lawyers

The statutes, rules, regulations, and regulations associated with real estate are essential information for real estate lawyers. An aspiring customer should be able to get a full range of services from these attorneys. Any title search certificate or leave and licence agreement might be brought to their attention. A developer would want to learn more about their duties under a contract with the customer or check whether a delay is acceptable.

Real estate lawyers in Sydney must know how to write contracts like any other lawyers. Customers expect them to be well-versed in legalese and contract drafting techniques. If you’re leasing the property from someone else, you’ll need a real estate lawyer in Sydney to assist you in forming the relevant agreements and providing you with advice.

There are several rules and regulations about real estate law, including the Real Estate (Regulation and Development Act), Transfer of Property Act, Contracts Act, etc. Real estate attorneys deal with these laws on a day-to-day basis.

Regulation and Development of Real Estate

Recently, RERA was established with the implementation of The Real Estate (Regulation and Development) Act, 2016 [RERDA]. This law protects first-time homebuyers while encouraging more people to participate in the real estate investing market. As an adjudicatory authority, the RERA works as a regulator of the real estate sector and a judicial body for fast dispute resolution. The Regulatory Authority requires all builders and developers, regardless of whether they intend to sell the property or not, to register their new and current projects under RERDA. RERA is required by law to resolve a complaint within 60 days of receiving it. Civil and high court cases cannot be filed in a state where RERA is in force.

The Transfer of Property Act

Sydney’s Transfer of Property Act, which controls the transfer of property, categories both immobile and movable goods. Transferring property to a single individual is possible in some situations, but it may also be done to a business or a group of people.

This legislation governs and regulates the transfer of property between parties. Thus a real estate lawyer must have a complete understanding of it.



Acting under an Agreement

Contract law in Sydney is an area where all lawyers should be well-versed and have plenty of hands-on experience. Contracts and agreements must be written by real estate lawyers in Sydney. They frequently create agreements such as memorandums of understanding, leases, and leave-and-Licensing contracts. That is why they must be well-versed in the subject matter.

Legislation to protect consumers

If there were a dispute between the seller and buyer of a property before the implementation of RERA, the attorneys would typically take their clients to the consumer courts. Real estate attorneys need to know how to file a complaint with the appropriate authorities.

Rules and Regulations of the State

States like Sydney have their own set of rules and regulations, governing processes, stamp duty, registration, etc. Additionally, real estate attorneys in Sydney must be conversant with the Sydney Regional and Town Planning Act, Standardised Building By-Law and other controlling regulations. The WBHIRA departs from RERA in two significant ways. The RERA defines a garage as one with a roof and walls on three sides. However, the general definition differs from the RERA’s definition of a garage. Lawyers in real estate law must be familiar with and proficient in the many state statutes, rules, regulations, and ordinances that govern the industry.

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