What is Conveyancing And What Does a Conveyancer do?
So after all the looking at houses, talking to real estate agents, getting advice from strangers, you finally found ‘the one’, the dream home. And now comes the formal stuff – the legal part of the process, where you actually buy or sell the property.
It is wise for both parties – the buyer and the seller – to engage a conveyancer to navigate this process, as it needs a bit of a legal eagle to decipher the jargon. You don’t legally have to engage a conveyance, but knowing the ins and outs of property agreements can be quite hard for the layman.
Both buyers and sellers will be asked by the real estate agent to provide contact details of your conveyancer for the sales and purchase agreement, so it is best to do your homework upfront and have one already chosen.
What is conveyancing?
Conveyancing is the process of transferring ownership of a legal title of land (property) from one person or entity to another.
A typical conveyancing transaction consists of three stages:
What is a conveyancer?
A conveyancer is a licensed and qualified professional whose job it is to provide advice and information about the sale of a property, prepare the documentation and conduct the settlement process.
Conveyancers don’t necessarily have to be lawyers but solicitors often undertake this work.
The most common reasons you would engage a conveyancer is when you are:
buying or selling a property
updating a title (i.e. registering a death)
registering, changing or removing an easement
What a conveyancer does
For the buyer – a conveyancer will:
Prepare, clarify and lodge legal documents – e.g. contract of sale, memorandum of transfer
Research the property and its certificate of title – check for easements, type of title and any other information that needs addressing
Put the deposit money in a trust account
Calculate the adjustment of rates and taxes
Settle the property – act on your behalf, advise you when the property is settled, contact your bank or financial institution on when final payments are being made
Represent your interest with a vendor or their agent
For the seller – a conveyance will:
Complete and ensure the legal documents are all sorted
Represent you and respond to requests from the buyer – for example, request to extend dates, title questions, etc
How to find a conveyancer?
As with most professions, not all conveyancers are equal. Just as you would interview prospective real estate agents to sell your house, you should also go through the same process with conveyancers.
As we all know, the best referral is through people you know, so ask around and see if any of your friends and family have used a good conveyancer. If you have no joy here, look online, ask your real estate agent or other professionals you trust, like an accountant or lawyer.
Once you have your list of prospective conveyancers, give them a call and ask a few questions (see below) to find one you’re comfortable with, and one that meets your purchasing or selling needs. Some conveyancers specialise in different types of real estate, for example, apartments, cross leases, subdivisions and so on.
When you have found a conveyancer, do a background check to ensure they are legally allowed to carry out the work and have no complaints against them.
Questions to ask?
Are you a member of the Australian Institute of Conveyancers?
What types of property do you mainly specialise in?
What will it cost – what are your fees and charges? What fees, etc, will I have to pay at settlement? Are there any hidden costs?
How will you communicate with me and how often?
On settlement day, what time frames are we looking at? (This is important if you are arranging movers and other parties