INSIDE COMMERCIAL PROPERTY: The legal edge in commercial property, no. 67

In this episode of Inside Commercial Property, Phil Tarrant is joined by Sam Saad, managing director at Rethink Property Lawyers, for a detailed exploration of the legal frameworks that underpin successful commercial property transactions. This conversation breaks down the essential legal safeguards investors must establish before committing capital, from contract conditions and heads of agreement, through to lease analysis, outgoings, title searches and statutory compliance.

Drawing on real transaction examples, Sam illustrates how specialist commercial property legal advice strengthens investor protection, prevents hidden risks from slipping through due diligence, and stops costly surprises emerging after settlement. This episode underscores the tangible value of tight clauses, accurate documentation and comprehensive legal reviews – all of which materially influence risk exposure, valuation and long-term cash flow.

Listeners will gain practical guidance on:

• Why commercial investors must engage a specialist property lawyer rather than relying solely on a conveyancer.
• How to structure heads of agreement and due diligence clauses to maximise flexibility and reduce exposure.
• The line between legal due diligence and commercial due diligence – and the distinct roles of a lawyer versus a buyer's agent.
• Key lease mechanics that influence returns: outgoings, make-good provisions, incentives, options, retail leasing legislation and cost allocation.
• The critical searches required before purchasing (title, PPSR, environmental, planning, notices, asbestos, cladding, flooding, and more).
• How to avoid common pitfalls with security deposits, bank guarantees and settlement handover to ensure legal protections hold up when needed.

From interpreting complex lease packs to identifying gaps in recoverable outgoings and strengthening contract conditions, Sam explains how rigorous legal due diligence can protect hundreds of thousands of dollars over the life of a commercial asset.

This is essential listening for any investor seeking to acquire commercial property with full clarity, robust protections and the right legal structures in place long before settlement.