Independent legal advice with buying property in an SMSF
- Jenny Fentino
- Nov 4
- 1 min read
We recently spoke with Jared Zac from Dott & Crossit, a leading law firm that specialises in SMSF and property transactions. His message was clear: get SMSF independent legal advice (ILA) before signing anything.
When you buy property inside your SMSF, every decision must meet strict superannuation laws. That means contracts, loan structures, and trustee obligations need to be handled precisely. Many lenders also require ILA before approving and disbursing loan proceeds.
According to Jared, many buyers don’t realise that the SMSF trustee is a separate legal entity. Without the right structure, you risk breaching super rules or creating tax complications that are expensive to fix later.
Working with an experienced SMSF conveyancer or solicitors ensures your loan and contract align with super law and your fund’s trust deed. It also protects you from conflicts of interest, particularly if related parties are involved in the purchase. Jared explained that a good lawyer doesn’t just tick boxes, they help you understand the risks and make confident, compliant decisions.
At Flexdoc, we work alongside trusted professionals like Dott & Crossit to make the SMSF lending process smooth and transparent. The right legal advice is not an expense; it’s an investment in peace of mind.
Interested in purchasing property in your SMSF? Our expert team can help guide you through the lending process. Click here to start.
Dont forget, this information is for education purposes only, please read our SMSF disclaimer.