Retirement Living – Elder Law
As the retirement industry struggles to keep up with fulfilling the demands of Australia’s increasing ageing population, so too do the laws safeguarding our elderly. In this rapidly changing landscape, Property and Legal is at the forefront of providing clear and expert advice on industry regulations and residential rights. Our aim is to provide a purpose-built service in this important sector for all Australians.
Principal David Pyne has been actively involved in the retirement village industry for well over a decade, acting for a number of different scheme operators in many jurisdictions across Australia. He has experience in acquisitions and disposals of villages, structuring and registering villages in many states, drafting of lease loan documentation, disclosure documentation and related care service agreements. Since 2007 he has managed and supervised a team acting for scheme operators with all of their sales and exit documentation and settlements amassing over 1000 transactions.
Whether acting for operators or residents, we understand that these transactions often occur at a very stressful time in people’s lives and affect not just the resident, but their families also. Our transaction experience gives us an understanding into what is important for both residents and operators alike – positioning us uniquely to negotiate on either behalf to achieve realistic and fair terms. It’s why we draft our documents and advices in simple language and work to ensure the process is as smooth and stress free as possible.
How can we help you
Retirement village documents differ vastly from what most people are familiar with in standard conveyancing. So even if you have bought and sold homes or investment properties on numerous occasions, you will likely be ill-equipped to manage your entry or exit terms into your retirement village contract.
Our team provide expert advice on prospective residence contracts and disclosure documentation, and assist with the buying and selling of RV residency rights. We appreciate that each village is different and all residents have different needs and circumstances.
We can also assist you with the following:
- Referring you to other specialists who can help in regards to care funding/services or other financial considerations;
- The coordinated sale of your existing home if this is needed to fund your unit purchase;
- Preparing a will and powers of attorney;
- Administering estates, including steps involved in the exit / sale of your retirement village unit.
Currently, most state governments are considering significant changes to the legislation governing retirement villages. Property and Legal can assist in ensuring that disclosure and lease loan documentation is compliant and systems of sales and exits are best practice.
We have been at the cutting edge of the evolution of retirement living and the introduction of different care models being introduced into villages. Our team has significant experience preparing all relevant documentation for settlement of new sales and exits for scheme operators across Australia.