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Why you should use management rights experts

You would not go to a general practitioner for brain surgery.

It is for the same reason you should not go to your local lawyer for a management rights matter.

Some people play them down as being simple but they are not.  There are a myriad of things that lawyers who don’t practice regularly in management rights simply will not know how to handle.

When investigating a management rights purchase or sale, you will no doubt repeatedly hear that you should (or must) use an industry expert. As you would expect us to, we cannot recommend this strongly enough. Some people disregard this and use their usual lawyer, accountant or their local bank.

More often than not, these are the clients that we end up assisting after things have taken a turn for the worse. Management rights is a very specialised area.

Using someone who does not know what they are doing to assist you will be an experience fraught with frustration (through your advisor not knowing what is going on and not being able to assist you) and financial danger, which is usually the result of bad advice.

Many people call themselves experts. It is easy to advertise that. If they do, don’t be afraid to ask for testimonials from other management rights clients. Ask them how many management rights transactions they are currently working on, or how many management rights clients they have advised over the last few months. Investigate how committed they are to the management rights industry. Ask the other industry professionals you are working with how often they have dealt with your advisors.

Hynes Legal are management rights experts. We live and breathe management rights.

We will have answers to all of your management rights questions – quite possibly before you know you need to ask them. Others don’t.

We are not the cheapest but nor are we the most expensive. What we provide is real value for money.

Testament to that is the fact that we normally have 50 or more management rights transactions on foot.  Many of those are new clients but a lot of those are repeat clients.  They know what we are like to deal with and quite often signed contracts hit our desk before we have even given a quote – that is how much our client’s trust us.   

Ask our experts

 

James Horwood

Senior Associate

Expertise

James is a Senior Associate in our aged care and retirement living team.

He has over nine years’ experience in property, aged care & retirement living, body corporate and commercial law. James has experience in advising a broad range of clients including not-for-profit organisations, bodies corporate, individuals, partnerships as well as listed and non-listed corporations.

James is regularly involved with transactional work as well as advising on regulatory and revenue issues, and preparing contracts and other compliance documents required by clients for the set-up of new and continuing ventures.

Areas of practice

  • Commercial property, leasing and development
  • Aged care and retirement living
  • Body corporate law
  • Business and commercial law
  • Revenue law

Qualifications

  • Bachelor of Laws (Hons), University of Queensland
  • Admitted as a solicitor in the Supreme Court of Queensland

Recent Projects

  • Acting in the acquisition and set up of a $22 million ‘vertical living’ retirement village including negotiation and preparation of contracts, advising on and set up of interim management arrangements, advising on financial model and structure, conducting legal due diligence, advising on village regulatory compliance, preparation of residence contracts and conveyance of assets.
  • Advising on an innovative ‘greenfields’ site for a new mixed-use aged care and retirement village precinct in inner city Brisbane, including preparation of resident agreements, application to register the scheme and development advice.
  • Acting in the $9 million acquisition of two mixed- use aged care and retirement village facilities including preparation of contracts, conducting legal due diligence, advising on issues with aged care places, applications for retirement village schemes, transfer duty exemption applications and conveyance of assets.
  • Acting in the acquisition of various retirement villages including negotiation and preparation of contracts, conducting legal due diligence, advising on village regulatory compliance and conveyance of assets.
  • Acting in the acquisition of various manufactured homes park including preparation of contracts, conducting legal due diligence, liaising with council on compliance issues, advising on manufactured home parks regulatory compliance and conveyance of assets.
  • Preparing submissions to the Queensland Office of State Revenue that were successful in achieving a refund of $220,000 in transfer duty that was previously paid by a not-for-profit client.
  • Advising on partnership arrangements and preparing agreements for various partnerships ranging from simple ones to complex set-ups involving multiple partners.

Professional Memberships

Queensland Law Society