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Commercial Law / Melbourne

Commercial Property Lawyers in Melbourne

Legal advice for buying, selling and developing commercial property in Melbourne, and for the disputes that come with it. Acquisitions and sales, due diligence, development, subdivision and owners corporations, and the duty and GST the deal structure decides. Commercial property, not residential. For retail and commercial leasing, our leasing team acts on that.

Commercial property in Victoria

Commercial property does not protect the buyer. We do.

Commercial property is one of the largest transactions a business makes, and one of the least forgiving. A commercial purchaser gets little of the statutory protection a home buyer takes for granted: usually no cooling-off, disclosure with limits, and a contract that binds the moment it is signed. What you did not check is what you bought.

That is the work. We read the property before you commit to it: the title and what is registered against it, the vendor's disclosure and what it leaves out, the planning controls, the leases and occupants, and the duty and GST that the structure quietly decides. Acquisition, sale, development or dispute, we act on the parts that carry the risk.

We act for buyers, sellers, developers and investors in commercial property across Melbourne and Victoria. For retail and commercial leasing, our leasing team acts on that.

Commercial law at Pentana Stanton

Buying property

Due diligence, the vendor statement, and the risk you would otherwise inherit.

Selling property

The section 32 statement done right, and terms that hold after settlement.

Development

Planning, permits, and the contracts a project runs on.

Subdivision & strata

Plans of subdivision and owners corporations.

Duty & GST

The land transfer duty and GST the structure decides.

Property disputes

Vendor disputes, off-the-plan, caveats and boundaries.

Before anything else

In commercial property, the deal is decided before you sign

There is a comfortable assumption people bring from buying a home: that if something is wrong, there is a way out. A cooling-off period, a safety net, a chance to reconsider. In commercial property, that assumption is wrong, and it is expensive.

A commercial or industrial purchase gets no cooling-off at all. The three-day cooling-off in the Sale of Land Act 1962 (Vic) does not apply to land used primarily for industrial or commercial purposes (section 31(1)(a)), and it does not apply where the buyer is a company or an estate agent (section 31(5)(d)). For most commercial buyers, both are true. The moment you sign, you are bound.

A home buyer gets a cooling-off period. A commercial buyer signs, and the deal is done.

You do get one real protection, and it is worth using properly. Before you sign, the vendor must give you a signed statement disclosing specified matters affecting the land, the section 32 statement (section 32). If it is false, or leaves out what it should have disclosed, or is never given, you can rescind before settlement (section 32K). But the section 32 statement is a floor, not the full picture. It does not tell you whether the property suits your plan for it, whether the planning controls allow what you intend, or what the duty and GST will cost. That is your due diligence, and there is no second chance to do it after you have signed.

No cooling-off

The safety net a home buyer relies on does not exist for a commercial or industrial purchase (section 31 of the Sale of Land Act). Once the contract is signed, walking away is a breach, not an option. The diligence has to happen first.

The vendor statement

Before you sign, the vendor must disclose specified matters in a section 32 statement, and you can rescind before settlement if it is false or incomplete (section 32K). It is a genuine protection, but it is a floor, not a full survey.

What it does not cover

Whether the property suits your plan, what the planning scheme allows, what the duty and GST cost, and what the leases and occupants really are. None of that is in the vendor statement. It is the diligence that decides the deal.

How we work

Before you sign, not after

i.

Understand what you are actually buying

The title and what is registered against it, the planning controls, the vendor's disclosure, any leases and occupants, and the building and environmental position. Commercial property hides its risks in the paperwork, and the paperwork is where we start.

ii.

Do the diligence before you are bound

Commercial property gives a buyer far less protection than a home purchase, and usually no cooling-off. The time to find a problem is before you sign, while it is still a negotiation, not after, when it is yours. We run the checks that match the property and your plan for it.

iii.

Structure it for duty and GST

Land transfer duty and GST can move the economics of a deal materially, and both are largely fixed once the contract is signed. We work the duty and GST position into the structure early, with your accountant where tax advice is involved.

Where the value is

Buying, selling, and building

Most of the value in a commercial property matter is added before the contract is signed.

For the buyer

Due diligence that matches your plan for the property, the vendor statement read for what it does not say, and a structure that keeps the duty and GST from surprising you at settlement.

Business sales

For the seller

A section 32 statement that discloses properly the first time, so the sale is not unwound before settlement, and terms that hold after it.

Contract disputes

For the developer

Planning and permits, subdivision and owners corporations, and the contracts that hold a project together from acquisition through to completion.

Commercial litigation
Speak with us

A plain read before you sign

Initial consultations are confidential and run by senior practitioners. In commercial property, the most valuable time to talk is before you sign, because after that there is usually no way back.

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When the property is leased

The income you are buying

Many commercial properties come with tenants, and the leases are part of what you are buying or selling. Whether the income is what it looks like, whether the leases transfer cleanly, and whether the property can be sold as a going concern for GST all turn on the leases.

The leasing itself, negotiating, drafting or disputing a commercial or retail lease under the Retail Leases Act 2003 (Vic), is run by our leasing team. See commercial leases.

When it turns

Property disputes

Commercial property disputes are rarely small: vendor disclosure that turns out to be wrong, off-the-plan contracts that do not deliver what was promised, boundary and easement fights, caveats lodged to hold a position, and owners-corporation disputes.

Misleading conduct in a sale can also be a claim under the Australian Consumer Law (section 18). Where a matter has to be run, the same team runs it. See contract disputes and commercial litigation.

What our clients say

Trusted on the matters that mattered most

After speaking to many law firms, I felt that getting legal help was not for me. But my view completely changed after speaking with Special Counsel Peter Wood. He was knowledgeable, generous, kind, and genuinely caring. Peter listened with compassion and made me feel supported during a difficult time.
Tasnim Mehjabin, Google review
Highly professional, compassionate staff with a high level of knowledge and competence. Reliable, reassuring and there when you need them. Highly recommend.
Gaynor Martyn, Google review
From the very first conversation, my lawyer put my mind at ease and assured me they would handle everything on my behalf. Once I engaged their services, the entire process became smooth and stress-free.
Dean Rule, Google review
Frequently asked

Questions before you buy

Generally no. The three-day cooling-off in the Sale of Land Act 1962 (Vic) does not apply to land used primarily for industrial or commercial purposes (section 31(1)(a)), and it does not apply where the buyer is a company or an estate agent (section 31(5)(d)). Most commercial purchases are caught by one or both. So once you sign, you are bound, which is why the due diligence has to be done before you sign, not after.
It is the vendor's disclosure statement, required by section 32 of the Sale of Land Act 1962 (Vic). Before you sign a contract to buy land, the vendor must give you a signed statement disclosing specified matters affecting the property, such as title particulars, planning information, outgoings and notices. If it is false, incomplete, or never given, you can generally rescind the contract before settlement (section 32K).
No. The section 32 statement is a floor, not a full picture. It discloses certain prescribed matters, but it does not tell you whether the property suits your plan for it, whether the planning scheme allows what you intend, what the duty and GST will cost, or what condition the building and any leases are really in. Those are your due diligence, and on a commercial purchase there is no cooling-off to fall back on if you skip them.
Often, but not always, and how it is structured matters. GST generally applies to a sale of commercial property, but the margin scheme can reduce it where the parties agree in writing (GST Act, Division 75), and a tenanted property sold as a going concern can be GST-free where the conditions are met (section 38-325). These are decided in the contract, so they need to be worked out before signing, with your accountant. Getting the GST treatment wrong is an expensive surprise at settlement.
Land transfer duty (often called stamp duty) is charged on the transfer of an interest in Victorian land under the Duties Act 2000 (Vic) (section 7), calculated on the dutiable value. There can also be landholder duty if you buy the property by acquiring the company or trust that owns it, rather than the land directly. The structure of the deal changes the duty, so it is worth advice before the contract, not after.
More than the price. At a minimum: the title and anything registered against it, the vendor's section 32 statement and its gaps, the planning scheme and any permits, the physical and environmental condition, any leases and the income they really produce, and the duty and GST. What you check before signing is your protection; what you miss becomes your problem the moment you sign.
Rarely, once you have signed. There is generally no cooling-off, so the main routes out are a genuine defect in the vendor's section 32 disclosure (which can allow rescission before settlement under section 32K), a condition in the contract that is not satisfied, or misleading conduct by the vendor. None of them is a substitute for doing the diligence before you sign. If you are already committed and something has gone wrong, get advice quickly, because timing matters.
More approvals and more law than a straight purchase. Development turns on the planning scheme and planning permits under the Planning and Environment Act 1987 (Vic); subdividing land and creating an owners corporation is governed by the Subdivision Act 1988 (Vic) and the Owners Corporations Act 2006 (Vic); and the project runs on a stack of contracts. We advise developers from acquisition through to the plan of subdivision and the owners-corporation set-up.
Before you sign, always. Because there is usually no cooling-off, the contract is the point of no return, and the value a lawyer adds, on the section 32 statement, the due diligence, the special conditions, and the duty and GST, is almost all added before it is signed. By settlement, the terms are fixed. The best time to call is when you are still looking, not when the contract is in front of you.

Last reviewed July 2026. Statutory references are current to the Sale of Land Act 1962 (Vic) version in force 1 July 2026, the Duties Act 2000 (Vic) version in force 24 June 2026, and the A New Tax System (Goods and Services Tax) Act 1999 (Cth) compilation in force 1 January 2026. This page is general information, not legal advice.

Speak with our commercial team

Before you sign, not after.

In commercial property, the contract is the point of no return, and there is usually no cooling-off. Arrange a consultation while you are still looking, and we will read the property, the vendor statement and the numbers before you are committed.