Do you need a Heads of Agreement?

Yes! If you’re negotiating with a landlord about a commercial lease, a Heads of Agreement can document what you plan to formally agree to in the lease, including the obligations of both parties.

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Is a Heads of Agreement binding?

Usually, a Heads of Agreement for a commercial lease is an informal document and is not binding. The purpose of this type of agreement is to outline the proposed terms of a lease. However, if the agreement meets the criteria to be considered a contract, then it may be binding.

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Frequently Asked Questions

To avoid any uncertainty, you should clearly state what your intentions are in using a Heads of Agreement. We can draft your agreement in a way that protects your business while making sure any negotiations you agreed to are likely to be honoured in the lease.

Every situation is different, which is why you need expert advice from a commercial lawyer. We’re small business specialists, so you know you’re in safe hands with us.

We’ll consider your unique situation and let you know if we think this is right for your business.

Our head office is at Inspire Cowork – a coworking space in Sydney – but we also support flexible work for our team. Our lawyers can work from anywhere.

We use technology to come to you, wherever you’re located around Australia. Many of our clients work from home or at coworking spaces, just like us.

We communicate with our clients via phone, email and Zoom – whatever works best for you. There’s no need to meet face to face, but if you’re ever in the area you’re welcome to drop in!

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