Legal Consulting

Pinnacle Sales & Management recognises that, in all property related matters, it is imperative that its clients have readily available access to competent legal advice at competitive rates. Pinnacle Sales & Management is able to offer such access to its clients through its associated legal practice which has over 30 years’ experience and provides assistance in all of the following:
  • Commercial & Retail Leasing
  • Commercial & Residential Property Transactions
  • Building & Construction Law
  • Business Services

Commercial & Retail Leasing

  • Letters of Offer
  • Retail, Commercial and Industrial leases
  • Fit-out /Incentive agreements
  • Assignments and subleases
  • Renewals and Extensions
  • Notices to Remedy Breach
  • Outgoings
  • Promotions/Competitions
  • Redevelopment and relocation
  • Surrenders
  • Default/Termination
  • QCAT and other courts appearances
  • Disputes and compensation claims
  • Due Diligence
  • Management of tenancies
  • Retail legislation compliance
  • Leaseback / purpose built buildings

Commercial & Residential Property Transactions

  • Acquisitions and sales of retail shopping centres
  • Acquisitions and sales of commercial and industrial properties
  • Acquisition of properties for development purposes
  • Due Diligence
  • Ownership Structures
  • Titling Issues
  • Community Title Schemes
  • Community Title Scheme sales and purchases (including “off the plan” sales and purchases)
  • Joint Ventures
  • Land Sales Act disclosures and exemptions
  • Tenders and expressions of interest
  • Subdivisions and Easements
  • Heads of Agreement
  • Option Agreements
  • Guarantees and Indemnities
  • Residential sales and purchases

Building & Construction Law

  • Residential and commercial building contracts
  • The Domestic Building Contracts Act
  • claims by subcontractors
  • Claims under the Building Construction Industry Payments Act and the Subcontractors Charges Act
  • Building disputes and complaints to the Building Services Authority
  • Encroachment and prescriptive rights issues
  • Debt Recovery (including statutory demands) for Builders, Subcontractors and Labour Hire contractors
  • Insolvency issues relating to Builders and Subcontractors
  • Labour Hire
  • Terms of trade and credit terms for Builders, Subcontractors and Labour Hire companies

Business Services

  • Establishing structures such as companies, trusts, self-managed superannuation funds (SMF’s) and partnerships
  • Business sales and acquisitions
  • Shareholder and Unitholder Agreements
  • Partnership Agreements
  • Sale and purchase of shares and units
  • Directors Duties
  • Borrowings by SMF’s
  • Asset Protection
  • Trading entities vs Asset holding entities
  • Shareholders and Unitholders Loans
  • Security for Shareholders and Unitholders loans
  • Trading terms
  • Credit terms
  • Personal Property Securities
  • Debt Recovery
  • Insolvency
  • Commercial Contracts such as distributorship agreements and franchise agreements
  • Business Succession

Retail & Commercial

At Pinnacle Sales & Management we appreciate that Retail & Commercial property transactions require particular focus and dedication. We are confident in our ability to deliver excellent results to our clients.

We believe in the importance of building lasting professional relationships with our clients and recognize that Retail & Commercial property requires constant customized support.

Our commercial and retail property team has intimate knowledge of market trends and conditions and are able to advise on all areas and in all types of commercial and retail property.

We offer a complete range of commercial property services including buying, selling, leasing and management.

Whether you are a landlord, tenant, investor or owner our commercial property team is one you can trust and is able to assist with all your commercial property needs.

Sales

Pinnacle Sales & Management sell all types of commercial and industrial property including:

  • Offices
  • Industrial Warehouses and workshops
  • Showrooms
  • Retail Shops

Properties such as this can be sold as leased investments or with vacant possession.

We pride ourselves on offering an exceptional sales service to our clients throughout the commercial sale or acquisition process.

Please contact one of our team members to discussion your commercial property requirements.

Management

Pinnacle Sales & Management believes strategic and comprehensive commercial asset management can have a significant positive impact on your investment.

Effectively managing commercial, industrial and retail property requires a manager who is dedicated to their clients and is driven by a desire to continually achieve optimal performance of the client’s asset.

Our main management goals are to:

  • Increase the value of our clients’ assets and portfolios;
  • shift the stresses and responsibilities that come with being an owner of a commercial investment from the owner to a dedicated property manager.

We achieve these goals by:

  • insisting on the need for well-structured and strategic lease agreements which will ensure that your investment not only retains value but has growth;
  • consulting with you in relation to your investment goals and developing a management plan that aligns with these needs;
  • thorough building maintenance and service inspections to ensure steady capital appreciation as well as tenant satisfaction;
  • effective communication between all parties to the transactions
  • We not only liaise with the Lessors and Lessees, but we work closely with our clients lawyers and accountants to ensure we achieve the best possible management outcome and as a result reduce additional work for our landlords
  • Having a thorough understanding of all legislative requirements concerning leasing of commercial property
  • Concise final reporting & evaluations
  • Having thorough understanding of local market trends and property values
  • Innovative marketing campaigns
  • Dealing with your tenant in an expert manner regarding queries and problems that inevitably arise from time to time with the property and/or tenancy

Leasing

Pinnacle Sales & Management delivers successful and comprehensive leasing solutions which meet the objectives of our clients.

Effectively leasing commercial, industrial and retail property requires a leasing agent who is dedicated to their clients and is driven by a desire to continually achieve optimal performance of the client’s asset.

Pinnacle Sales & Management believes that the key to successful commercial property leasing is two fold:

  1. Nurturing ongoing relationships with our landlords and having an intimate understanding of their businesses; and
  2. Good tenant selection resulting in stable tenancies to achieve maximum return on our clients’ investments. We are dedicated to the search for new, suitable, long term tenants.

Our leasing team has a thorough understanding of local market trends and property values and will assist you in your leasing needs by:

  • Consulting with you to understand your investment goals and developing a marketing strategy that aligns with these needs
  • Liaising with your managers, lawyers and accountants so far as may be necessary in relation to all leasing transactions
  • Leasing your commercial property quickly
  • Achieving maximum rent for your property
  • Guide you through the complex leasing process
  • Effectively advertise & market your property
  • Reduce vacancy rates

Please contact one of our team members to discuss your commercial lease requirements.

Our Body Corporate Services

Pinnacle Sales & Management assists developers and architects in strata titled developments in the establishment and setting up of body corporates.

There are strict and complex legal requirements when establishing a body corporate in a new development or sub-dividing an existing building.

It is important that the process is handled by an experienced person who has the expertise to deal with the technical elements of the law to ensure that the scheme is established to comply with Queensland’s body corporate legislation.

Our key services in this area are as follows:

Start-up stage:

  • Advice regarding structuring and titling options
  • Liaise with various consultants regarding your project
  • Prepare Administration and Sinking fund budget estimates
  • Calculation of lot entitlements for both Contribution and Interest Schedules
  • Preparation of Community Management Statements and/or Building Management Statements including by-laws
  • Initial maintenance contracts and supplier agreements (where appropriate)
  • Advice relating to on-site management (where applicable)

Following Registration:

  • Arrange appropriate insurances including, but not limited to, common property and building insurances
  • Calling and holding the first Extraordinary General Meeting
  • Establishment of body corporate records and bank accounts
  • Advice relating to on-site management (where applicable)
  • Liaising with advisers as necessary including your lawyer
  • Account record keeping
  • Dispute Resolution Management
  • Arrangements for hand over to a body corporate committee (where applicable) or continued management of the Scheme.

Establishment

Pinnacle Sales & Management specialises in the Establishment of New Body Corporate Community Titles Schemes in Queensland. If you are a developer with a new development and are required to establish a body corporate we are able to assist you with all your needs. It is imperative that you obtain good advice on all Body Corporate related matters. There are certain legislative requirements that must be adhered to and the result of non-compliance with these requirements can have a large detrimental impact on a developer and the development from both a resale and on-going management perspective. we have access to builders, town planners, surveyors and legal professionals who are all able to assist you in your project. We are also able to advise you of bylaws or motions that may be required to ensure that the establishment and sales of your project without any dealy.

Establishment Costs

As you are no doubt aware there are set up costs that you as the original developer will incur in the process of establishing the Body Corporate.

These typically include the following:

  • Payment of the first year Body Corporate insurance premium
  • Obtaining an Insurance Building Replacement Report
  • Obtaining a Sinking Fund Forecast Report
  • Providing to the Body Corporate all “as built” architectural, building and landscaping plans, certificates of inspection, and all relevant construction documentation

Our Services:

  • Advice regarding structuring and titling options
  • Liaise with various consultants regarding your project
  • Prepare Administration and Sinking fund budget estimates
  • Preparation of Community Management Statements and/or Building Management Statements including by-laws
  • Calculation of lot entitlements for both Contribution and Interest Schedules
  • Establishment of the Body Corporate and convening the first general meetings
  • Preparation of all necessary rolls, books of account and records
  • Body Corporate management accounts
  • Arranging appropriate Body Corporate insurance
  • Initial maintenance contracts and supplier agreements (where appropriate)

Administration & Management

Pinnacle Sales & Management provides on going Body Corporate Management services to developers and owners for all types of properties in Queensland including residential, industrial and commercial.

Our Body Corporate Management team has the experience and knowledge to run all size developments and to ensure that the Body Corporate is at all times compliant with the provisions of the Body Corporate and Community Management Act (Qld) 1997 and relevant regulations.

We believe in the importance of strong partnerships and work alongside our clients to assist them in achieving their goals and objectives.

Our administrative and management services include:

  • Arrange appropriate insurances including, but not limited to, common property and building insurances
  • Calling and holding the first Extraordinary General Meeting
  • Establishment of body corporate records and bank accounts
  • Advice relating to on-site management (where applicable)
  • Liaising with advisers as necessary including your lawyer
  • Account record keeping * Dispute Resolution Management
  • Preparing monthly financial statements; statements of account; draft budgets; notices regarding bulk charging for utilities; and notices levying the administrative fund, sinking fund, air conditioning and other contributions * payment of accounts
  • Preparing and lodging tax returns/BAS
  • Submitting insurance claims
  • Safeguarding and supervising the use of the common seal
  • Attending hearings

Information & Links

Please browse the sites below for useful information and resources. Pinnacle Sales & Management cannot guarantee the accuracy of the information provided in these sites.

QLD

General

Selling

If you are considering selling, Pinnacle Sales & Management can assist you with everything you need to achieve your desired outcome.

We recognise that each property is unique with individual characteristics and that each Seller is different. We abhor the ‘one size fits all’ approach to real estate marketing and pride ourselves on offering tailored strategic marketing strategies to our clients to maximise the return on the sale of their property.

It is our aim that by the time a prospective buyer views the property that they are armed with all the relevant information to assist them in making a swift but informed decision to buy.

Our sales team values the importance of trust and honestly in our relationships with our clients and you can be assured that we will always act in your best interests.

Selling Tips

Getting your property ready for sale in the right way can be the difference between achieving an ‘ok’ price to achieving a great price. Pinnacle Sales & Management can assist you by providing a number of selling tips in order to achieve a great price for the sale of your property.

Presentation Selling Tips

Presentation of your property is a critical factor in achieving the highest possible price. The following is a list of attributes that will turn buyers away:

  • Animal odours in the house (Tip: a good carpet clean should remove a lot of these odours)
  • Evidence of damp or moisture in the walls
  • Cigarette or strong food odours
  • Doors, windows or gates that stick (Tip: lubricate hinges to get rid of any squeaks)
  • Cracked glass (Tip: all cracked glass should be removed)
  • Too much furniture or personal belongings cluttering the space (Tip: de-clutter the entire house by moving awkward pieces of furniture, toys and other belongings
  • Stained carpet (Tip: a good carpet clean should assist in removing stains)

If your property has any of the above attributes we would suggest that you consider obtaining quotes to rectify the items. Often the cost of rectification of these items will be small and will not be time consuming.

We can put you in contact with relevant tradespeople and / or a property stylist if you require further assistance in this regard.

If the subject property is vacant at the time of sale, it would be our recommendation to furnish the property for the duration of the sale campaign if at all possible. Statistically a property that is furnished at the time of viewing will attract a higher market price.

Timing

You should consider recent sales in your area when considering what price you are prepared to accept for your home. We will of course assist you in this regard also by presenting you with a detailed property appraisal.

An accurately priced property should usually sell within 2 – 6 weeks. Time should be allowed prior to this to prepare the property for sale and effectively market the property.

Method of Sale 

When it comes to selling your property, there are three popular methods to choose from:

  • Private Treaty (Sale)
  • Public Auction
  • Public Tender

Each has its own advantages and we can assist you in making an informed decision in your choosing the most appropriate method of sale.  We will do this by:

  • Analysing your property
  • Considering your individual requirements
  • Current market conditions

Auctions: 

  • Build energy and excitement within a defined period of time (usually 4 weeks)
  • Nominated inspection times
  • Buyers bid on auction day
  • Even 2 motivated buyers at auction can drive the price high when they enter into a ‘bidding war’
  • Suitable where there is at least one qualified buyer in the market place

Private Sale 

  • Suits sellers who are flexible with inspection times and do not want intensity of the auction campaign
  • Property is sold when a buyer offers to pay the seller’s desired price

Sale Process

If you are not selling your property at public auction you will need to have an idea of a selling price for your property in order that you will be able to negotiate with prospective purchasers.

Please note that sales that have been ‘passed in’ at auction may also result in further negotiations in certain situations.

The following information can be used by you as a general guide to the selling process.

Price

Usually when a buyer is ready to present an offer to purchase your property they will contact us to discuss the matter.

In our experience, most buyers and sellers want to achieve outcomes that are mutually beneficial. This is where negotiation comes into play and this is where our staff are professionally trained to use skills and techniques to achieve good results for all parties involved.

  1. A great starting point for successful negotiations is to start with a fair price and a fair offer. Experience tells us that significantly over pricing your home will turn away genuine buyers. Similarly, a buyer who makes an offer that is lower than the listed asking price will almost always push away the sellers. The asking and offering prices should largely be based on recent comparable sales in the same area.
  2. Consider the other parties’ motivations. Ascertaining what is of most importance to the person with whom you are negotiating can assist you in assessing how far to push negotiations. For example, a seller who stands firm on his or her sale price may be willing to make certain repairs to the property is requested. Or, a buyer who has to move into a property urgently might be willing to contribute towards transaction costs or will more than likely forgo certain repairs.
  3. Compromise. There will ultimately be some level of compromise on one or both party’s behalf. It is rare that the buyer and seller both get everything that they want from their negotiations. Keep you main focus and ultimate goal in mind during negotiations.

 

The Contract of Sale

Once the terms of the deal have been agreed a Contract of Sale will be prepared.

In addition to the standard terms, the Contract of Sale will document all matters relating to the transaction including, but not limited to, price, deposit, date of settlement, the inclusions and exclusions and other special conditions such as ‘subject to finance’ or ‘subject to the sale of another property’.

Once agreement has been reached, it is normal for the agent to take a deposit.

Please note that there are strict legislative requirements with respect to the preparation and presentation of the Contract of Sale and these vary from state to state.

Following execution of the Contract of Sale to settlement

It is likely that the buyer and the seller will both engage a solicitor or conveyancer to handle the transaction following execution of the contract to the date of settlement.

The solicitors will liaise with one another in relation to important dates and special conditions and will prepare the matter for settlement. If lenders are involved the solicitors will also liaise with them to make the appropriate arrangements for settlement.

Your solicitor will attend settlement and, if you have a financier, they will also attend settlement. At settlement, the balance purchase price will be paid by the buyer to the seller (after adjustments for items such as rates, water and body corporate levies) in return for documents allowing title to pass and for the property to be registered in the buyer’s name.

Please note that there are strict legislative requirements with respect to the preparation and presentation of the Contract of Sale and these vary from state to state.

Buying

Pinnacle Sales & Management can provide you with comprehensive information and professional advice regarding the properties we have for sale with us.

Simply give us a call to discuss your buying options today. Alternatively, you may register your buying needs here and we can contact you when suitable properties that match your search criteria become available.

Buying Tips

  1. Prepare a short list of the areas that you prefer to live in, keeping in mind affordability and your other requirements, eg. public transport, shopping centres, etc.
  2. Speak with your financier or home loan specialist to arrange the best loan to suit your needs and to determine your buying power. We can assist you in locating a broker or financier.
  3. Research recent sales in your preferred areas to obtain a feel for the market. Attend auctions and open for inspections in these areas.
  4. Register your needs with Pinnacle Sales & Management in order that we may contact you when suitable properties that match your search criteria become available.
  5. When you do find a property that you like, ask your selling agent to send a copy of the sale contract to your solicitor.
  6. We recommend you arrange a building and pest inspection on the property you prose to purchase. This report should reveal any defects and/or pest concerns associated with the property.
  7. If you are intending to bid at auction, we would suggest that you read the relevant Office of Fair Trading here.

Your solicitor will assist you with the conveyancing process and will advise you of relevant matters such as searches and preparation for settlement. We are happy to answer any questions you may have regarding the conveyancing process also.

Buying Process

Congratulations! If you are reading this you have made a successful bid at auction or have had an offer accepted on a home and have executed the relevant contracts.

Insurance

In most cases the property will now be at your risk and it is therefore very important that you arrange appropriate insurance cover immediately. When you are choosing insurance you should carefully compare policies and conduct research. Ideally insurance cover research would have been done prior to the execution of the contract however this is not always practical for buyers as the market can move quickly.

Buying process

You will most likely engage a solicitor or conveyancer to handle the transaction following execution of the contract to the date of settlement.

Your solicitor will liaise with the seller’s solicitor and your financier (if applicable) in relation to important dates and special conditions and will make appropriate arrangements for settlement.

You should discuss various search options with your solicitor and find out from your bank exactly what is required in order to effect settlement on the settlement date.

You should conduct a pre-settlement inspection of the property to ascertain that the property is in the same state that it was when you previously inspected it and that no damage has occurred, and that all inclusions listed in the contract are still present.

Your solicitor will attend settlement and, if you have a financier, they will also attend settlement. At settlement, the balance purchase price will be paid by you to the seller (after adjustments for items such as rates, water and body corporate levies) in return for documents allowing title to pass and for the property to be registered in the your name.

Home Moving Checklist

6 – 8 weeks weeks prior to moving you should :

  • Obtain moving supplies eg boxes, sticky tape, permanent markers, scissors, a Stanley knife, newspaper, blankets, plastic storage bins, moving pads, rope and boxes.
  • Have a garage sale or donate to charity any unwanted items.

2 weeks prior to moving you should:

  • Make removalist arrangements. You should always choose a reputable removalist company. If you want to move yourself arrange a hire vehicle for the appropriate day. It is always a good idea to obtain a few quotes and compare prices. We can assist you will referrals if you need.
  • contact your telephone and internet provider, electricity, pay tv, waste removal services, cleaning, security and water companies to set up a specific date when services will be discontinued.
  • arrange start dates for the above services at your new property.
  • If you are moving a long distance from where you currently reside, it is a good idea to contact people such as doctors, dentists, lawyers and accountants to request the transfer of your records.
  • Check on your insurance coverage

On moving day you should:

  • Have tools handy for dissembling furniture.
  • Move valuables (such as jewellery, legal documents, family photos and collectables) yourself – don’t send them with the moving company.
  • Make sure you have a complete home inventory of all possessions.
  • Give every room a once over. Don’t forget to check the backyard, attic, garage and wardrobes.

Our Property Management Service

Pinnacle Sales & Management offers a management service to its landlords and tenants that is both personal and professional. We have invested in our property management division to be able to provide our clients with efficient and proven management systems and up to date technology.

Click here for our property listings.

For Landlords

We achieve advantageous results for our clients by committing our best to everything we do and by providing an exceptional level of care and commitment.

We recognize that our clients are property investors who often understand market forces and how they impact on both rental return as well as capital growth. We always look to achieve a balance between income and capital growth.

Appointing a property manager who can work with you to increase the value of your investment is a decision which is as important as the one you made when you purchased the property.

We are here to:

  •  increase the value of your investment or property portfolio
  •  strengthen your investment’s long term capital growth
  •  provide a professional & personal approach to property management
  •  understand market forces and how they may impact your investment
  • understand investment strategies
  • relieve you of any stress or worry which may arise as a result of having an investment property

We do this by:

  • Having a thorough understanding and accurately applying all relevant legislation including Residential Tenancies and Rooming Accommodation Act, Privacy Act, Trade Practices Act, Anti-Discrimination Act (please note there are severe penalties for Landlords which may result from non-compliance with these pieces of legislation which is why it is imperative to have people handling your property who have an understanding of the Acts and Regulations).
  • Effective marketing of your property
  • Conducting thorough exit and entry condition reports together with pictures
  • Conducting regular property inspections and reporting to you on the results of same with a full report and pictures
  • Effecting accurate property appraisals
  • Ensuring careful tenant selection
  • Regular communication keeping you informed on all aspects of your investment
  • Arranging and overseeing all maintenance ensuring only reliable and reputable contractors are used at a competitive price
  • Excess water charging to tenants (where applicable)
  • Proving you with an on-line portal which allows you to access your tenant ledger and statements 24/7
  • Payment of property related expenses on your behalf (if requested)
  • Providing you with yearly financial statements
  • Offering funds disbursement and reports on a bi-monthly or monthly basis
  • Attending to matters such as lease renewal, renegotiation and rent reviews
  • Having a strict rent arrears policy in place
  • Issuing of regular newsletters addressing various issues such as market conditions, local area development and key legislation changes.
  • Ongoing training for all of our staff members

For a full range of our service offerings and fee schedule, please contact us here and we will forward you a copy of our Property Owner’s Handbook.

How do you change Property Management service providers?

Transferring the management of your property is simple. All you need to do is complete our Transfer Form and we will take care of the rest.

Download Transfer of Property Management Form.

Contact us for your
Landlord Information Pack
Landlord’s
Online Portal

For Tenants

At Pinnacle Sales and Management we pride ourselves on exceptional customer service and recognise the importance of cultivating strong relationships with our tenants. I am text block. Click edit button to change this text.

Making an Application

You may make an application by downloading, completing and returning the Tenant Application Form together with all supporting documentation to our office either in person or by post, facsimile or email.

Prior to making your application please take the time to read the tenant information pack, the Form 17A – Pocket Guide for Tenants & the Form 18a General Tenancy Agreement.

Please note that the Form 18a General Tenancy Agreement is a generic form and special conditions may vary from property to property depending on the landlord’s instructions.

Application Process

Once we receive a fully completed application with all supporting documentation we will endeavour to process your application and provide you with a response within 48 hours. You will be contacted whether your application is successful or not. Unsuccessful applications will be destroyed in order to protect your privacy. Successful applications will remain on file.

We accept applications in person, by facsimile and by email. Please note that all applications are subject to Landlord’s approval.

Applications are not processed on weekends.

Successful Applicants

Once the application is approved an appointment will be made for you to attend at our offices. Please allow one (1) hour for this appointment. Appointments are not conducted on weekends.

At this appointment you will:

  • Pay 2 weeks’ rent and bond being 4 weeks’ rent. This payment can be made by way of bank cheque/money order or direct deposit. If you would like to pay this amount by direct deposit you must to so prior to attending your appointment. OUR OFFICE DOES NOT ACCEPT BOND TRANSFERS.
  • Be given relevant documentation to read
  • Execute all relevant paperwork
  • Have a discussion about body corporate rules (if applicable)
  • Be told how, where and when to pay rent.

Following this appointment you may make arrangements to connect services to the property.

Keys

Keys to the property are not able to be handed over until all moneys are paid in full, the lease is fully signed by all parties and the lease has started.

Maintenance Requests

Pinnacle Sales & Management requires all general maintenance requests to be in writing. For your convenience please see below a Maintenance Request Form which you will need to complete and return to us by email and/or facsimile to enable us to arrange the appropriate maintenance.

For all emergency repairs please refer to your tenant handbook. Should you require a further copy of the handbook, please click here.

Notice to Vacate

Should you wish to vacate your rental property, pursuant to the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) you are required to submit a Notice of Intention to leave (Form 13).

Please download, complete and return the Form 13 Notice of
Intention to Leave.

Please note the time frames below in relation to notice periods.

Grounds General tenancy

Unremedied breach
Non-compliance with tribunal order
Non-liveability
Compulsory acquisition
Intention to sell
Without grounds—periodic
Without grounds—fixed

Note: Can only be ended before the end of the fixed term if both parties agree.

7 days
7 days
The day it is given
2 weeks
2 weeks
2 weeks
14 days