What Exactly Is The Role Of A Conveyancer?
You’ve found your perfect property or business and your offer has been accepted. Or you have decided to sell, and you want an experienced professional to handle the legal paperwork to ensure a smooth property conveyancing transaction.
It’s time for you to find a professional conveyancer with plenty of experience and sound knowledge of just what needs to be done!
A conveyancer is a licensed professional specializing in providing advice and information about the buying and selling of a property.
“Conveyancing is the legal transaction based process for purchasing and, or selling real estate property.”
The settlement process is an increasingly complex task including various financial and administrative duties, so you need the best conveyancer who understands your needs, helping you navigate the potential pitfalls.
Here’s our easy start guide to What Is Section 32 Statement?
While it’s not legally required to use a conveyancer, it’s strongly recommended to have a professional protect your interests whether buying or selling. For a reasonable fee you can have someone act on your behalf, leaving you stress free to focus on the more important aspects such as packing up!
Traditionally solicitors have undertaken this work, but these days you more often see Conveyancers undertaking this work. And often the associated fees are less.
It’s strongly recommended you engage a conveyancer for any of the following:
- Buying or selling a property
- Subdividing land
- Updating a title (i.e. registering a death)
- Registering, changing or removing an easement
Role Of A Conveyancer - We Look After Every Aspect
- Advising the buyer before the contract is signed about special conditions that are included and the effect of signing the contract
- Checking the contract and the vendor’s statement
- Conducting searches and making applications for certificates, and reporting to the buyer – the buyer is expected to examine the property
- Advising the buyer about finance and providing all the information that the lender requires about the title to the land
- Checking the mortgage documents and advising the buyer
- Preparing a statement of adjustments and settlement statement showing how the cheques are drawn and paid
- Arranging settlement on the buyer’s behalf
- Lodging a notice of acquisition of land at the State Registry Office
- Notifying the council and the water authority of the purchase
- Paying stamp duties and lodging documents for registration (unless the lender does so)
- The duties of a seller’s conveyancer include: preparing a vendor’s statement and special clauses to go into the contract
- Preparing a contract of sale
- Exchanging contracts with the buyer’s solicitor
- Checking the transfer, statement of adjustments and settlement statement
- Preparing the statutory declaration about the value of chattels in the sale
- Arranging for discharge of the seller’s mortgages and for a clear title
- Attending settlement on the seller’s behalf
- Notifying the council and the water authority of the sale.
Points To Consider
For most of us, that house or apartment, our home may be the most valuable asset we will ever own, especially in an increasingly expensive property market! We can spend weeks doing property inspections looking for that perfect house, investing a great deal of emotional energy the search for the dream home. Our minds get busy with imaging how we will renovate them, where the kids go to school, the landscaping possibilities and so much more.
Our homes mean so much more to us than bricks and mortar. They hold treasured memories, life changing experiences and so much more. Regardless whether you have carefully saved your hard earned money to buy your first home, or perhaps children are in the picture and you have decided a larger family home is needed, buying and selling property can be emotional and nerve-wracking.
By choosing a professional team of trusted experts, you can make the entire process a stress free experience. That’s not to say things don’t go wrong, sometimes they do. This is part and parcel of the experience.
The role of a conveyancer as a professional conveyancer ensures the valid title is transferred in a timely manner by putting into action all the necessary actions. Always employ a conveyancer you feel comfortable with and can trust.
Here’s our in depth guide to What Does A Conveyancer Do?
Benefit from the Experience of Others
Often people ask, how do we know we can trust this conveyancer or solicitor? It’s a very valid question to ask. You absolutely want the process to be smooth and hassle free! The best way is to ask around.
Ask family and friends. Recommendations and reviews from other sellers and purchasers can help you to decide who to use for your property conveyancing.
But what if you don’t know anyone who has had the experience a recent property transaction? There are 2 things you can do.
1) Talk to a few conveyancers or solicitors. When you find one who can capably answer all your questions, is friendly and happy to help you and is a member of professional associations, you will have found the right company.
2) Online reviews are an excellent way to learn about others experiences. People like to share their experience and can help you in finding a company that offers a friendly, high quality conveyancing service.
What Is Conveyancing?
When you transfer a property from one individual to another, the administrative process is known as conveyancing. Qualified experienced conveyancers or solicitors research the seller has a valid title. The valid title will be transferred to the purchaser on payment of the agreed price. They manage the transfer process whether it be directly from the seller or via the sellers bank.
Most importantly, the title transfer is carried out correctly. Only when the title transfer is correctly finalised, can the buyer who has paid for the property be 100% confident of having right of ownership. This right of ownership cannot be challenged in the future.
When Do You Need To Choose A conveyancer
Ideally, you should start thinking about choosing and appointing a conveyancer as soon as you decide to buy or sell a property. Why would you start the search for a conveyancer so early on?
It’s best to build your team earlier than later so you can use them as a handy resource to refer to in the selling process. They have a vast knowledge base backed by years of experience.
A point to take into account. Because most companies now offer fixed price conveyancing, it’s wise to make sure your conveyancer has been in the industry for a while and can display a proven track record with a broad knowledge base
Your conveyancer is there to look after and protect your interests. The closer you work together and create a relationship with them, the better your interests are served throughout the process.
It’s best to be well prepared and have all the necessary documents so when the transaction gets underway, there are no last minute scrambles for missing paperwork or hidden surprises.
By allocating time in advance for all the necessary paperwork to be drawn up, you can easily avoid last minute legal problems, plus keeping the cost of conveyancing down.
What Are The Benefits of an Online Service For You?
There’s no doubting we live in a busy connected world. Too busy to take time off to physically visit the property conveyancing office? We have you covered there and we understand completely!
You may prefer to use a property conveyancer who conducts their business online. By utilizing the convenience of current technology, you can definitely help to speed the process along. All communication can take place by Skype, Zoom and email.
You can track and keep an online record of the progress of your transaction via the Internet 24/7 which can be very reassuring if this is your first time. Often online conveyancing services tend to be more responsive to the needs of clients with immediate communication, plus communication is available 24 hours a day.
What Is The Cost of Conveyancing?
The associated costs of buying and selling a property can add up. There are financial advantages in keeping the cost of conveyancing down without compromising the quality of the service they receive. If you have a budget, you may choose to use a conveyancer that offers a fixed fee option so there are no hidden charges.
Things to Think About When Choosing A Legal Conveyancer
We’ve all heard the horror stories of unprofessional representatives not doing their conveyancing jobs properly. Deciding on a Legal Conveyancer who will competently help you every step of the way of your sale or purchase is hard. As a first time property buyer or seller, you don’t know what to expect from the maze of legal red tape! This is what we often hear from clients: How do we know which is the best offer/s from either coneyancers or solicitors? How do we know our property transaction will be done correctly?
At South East Conveyancing, we understand your concerns! Our experienced team is dedicated to delivering you value and highly competitive conveyancing fees. We know you don’t want to spend more money than you have to unnecessarily. In saying value, we mean what’s the best way of balancing costs with protection and what you are prepared to pay.
Our quotes aim to strike this satisfactory balance.
Some Things You Should Take Into Consideration
Insurance
As a legal conveyancing firm, SouthEastConveyancing.com.au are required to hold the requisite professional indemnity insurance. What this means for you: you are legally protected in every way and our work is covered, providing you with greater protection at every stage.
Trust Account
Depending on the transaction, the use of a trust account may, or may not be necessary. We hold a Statutory Trust Account for use by our clients. We are fully registered and audited. You can be confident your money is accounted for, giving you confidence and peace of mind our systems are robust and checked externally by third parties, to ensure requisite legal compliance.
Years Of Experience
We are pleased and proud to be able to say we offer the services of a team of highly experienced professionals with years of hands on experience. They have seen it all and there is nothing they have cannot handle competently. Our team are dedicated to the science of conveyancing and the most essential part for you, on time settlement of your property.
In an ever changing legal industry, we make it a point to keep up with the latest legislation and professional compliance.
Call us for a friendly chat today.
