What is Conveyancing? Here's The Process Made Simple

Conveyancing lawyers or conveyancing solicitors are a vital part of the property transaction process, yet there is some confusion, as many buyers don’t really understand just what is involved, or what they do. Lets niche it down in simple terms so you know exactly what is conveyancing and what to expect from your conveyancing works.

You’ve finally found your dream home after what feels like 100’s of inspections. It’s is within your budget, the location is perfect, the property  ticks all your boxes, plus it’s close to your children’s school, comes with a beautifully landscaped backyard, and more…. You’ve made the offer, decided to sell, so what’s the next step? Choosing the best conveyancing solicitor.

Simply put the  purpose of property conveyancing is to transfer the legal title, or ownership of land and any improvements on that land, from one owner to another whether it be a from a person or entity.

When Do Your Property Conveyancing Services Start?

Your conveyance will generally start from the date / time you enter into your Contract. The conveyance process will continue through to settlement of the purchase or sale.

Here’s our guide to What Is A section 32 Statement.

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  • Jodie Gahan Avatar

    Deb and Ella were so friendly and their service was affordable and efficient. They were both very prompt with their communication and responsive. So convenient having everything looked after and... read more

    Jodie Gahan 19/08/2019
    Mick Gunn Avatar

    Ella was incredibly helpful with our home buying process, and she went to great lengths to ensure we received the keys on the day of settlement. Really happy with our experience!

    Mick Gunn 27/06/2019
  • Claire Noel Avatar

    Really pleased with our conveyancing settlement process. It was fast and easy. Thanks guys:)

    Claire Noel 20/06/2019
    Sonya Matthews Avatar

    Every interaction has been awesome. The costs were upfront, phone calls returned in a timely manner and we really appreciate the fantastic service provided. The consistent quality of advice needed... read more

    Sonya Matthews 12/06/2019
  • Kelli Warner Avatar

    The whole process from start to finish was very easy and it turned out to be a quick settlement as it was a tight turnaround . They were so professional... read more

    Kelli Warner 12/06/2019
    Lucy Walter Avatar

    Thanks for handling the transfer of our Pakenham property. We are now happily in our new home and everything went exceptionally smoothly. You gave us confidence every step of the... read more

    Lucy Walter 21/05/2019
  • Chriss Smith Avatar

    This is the 5th time we have used their services in buying and selling our properties. They make the conveyancing process smooth and stress free which is much appreciated.

    Chriss Smith 21/05/2019

Next comes the vital paperwork, and time for you to find an experienced conveyancing solicitor. The process of settlement is a complicated task including various administrative and financial duties. Sure you can tackle this yourself, but why not save yourself the stress and possible potential costly mistakes, especially if this is a business conveyancing contract.

When you choose  the right property conveyancing solicitor to help you, they will advise and help you navigate any potential pitfalls. As we mentioned, you can tackle your property conveyance yourself, it’s not legally required to use an conveyance professional.

However for a reasonable fee you can have someone act on your best interests so you spend time to focus on the fun parts, making plans, packing and moving.

what is conveyancing and how much are conveyancing fees?

What is Conveyancing? Here's The Process Made Simple

What happens when searches turn up unexpected issue? Unexpected issues can become complicated and the legal paperwork can become complex. This is why we strongly recommend you choose an experienced professional with a proven record to capably conduct your conveyancing works

As you can imagine transferring any property to a new owner means a lot of work. Generally conveyancing services will consist of 3 stages:

  1. Pre-contract
  2. Pre-completion
  3. Post-completion

Your conveyancing lawyer will typically do everything necessary to ensure you are fully prepared for key dates during the conveyancing works process.

Your conveyancer also is in regular contact with the other sides lawyers negotiating the crucial nitty gritty issues.

Yes, you can save a few hundred dollars doing it yourself by spending hours filling out all the forms to save on conveyancing costs.

But, can you be certain you are confident all the i’s are dotted and t’s crossed? Afterall, you aren’t an expert and probably don’t fully understand what is conveyancing and the vital nuances.

In the worst case scenario of DIY conveyancing, if something happens to go wrong, you may run the risk of losing the property, forfeiting your 10% deposit. We did say in the worst case scenario….

When you hire the expertise of a licensed conveyancer, if they make a mistake, their professional indemnity insurance covers you.Your conveyancing costs won’t skyrocket and break the budget.

What Is A Licensed Conveyancing Solicitor?

Conveyancers are licensed conveyancing solicitors or lawyers, or licensed conveyance professionals specialising in providing expert advice and information regarding the sale of a property. The property may be a home, apartment, strata title unit, farm vacant block of land or commercial business.

It’s easy to find conveyancing lawyers. Start by searching Google for “conveyancers near me” which will bring up all the closest conveyancing professionals closest to you. Sometimes they will offer fixed price conveyancing. Usually they can give you a very close quote which will dependent on what property searches reveal.

Conveyancers don’t need to be solicitors. They have as much knowledge and expertise.

It’s recommended you choose to hire a conveyancing lawyer when you:

  • Buy or sell a property
  • Register, change or remove an easement
  • Subdivide land
  • Update a title - for example registering a death

What Does A Conveyancing Solicitor Do?

What is conveyancing? A  conveyancer oversees the entire  settlement process from start to finish.

On the surface it may appear easy, but behind the scenes the conveyance works take a lot of time. Most sellers and home buyers don’t realise the full amount of detailed documentation and work required in legally transferring a property to the new owner.

If you don’t know how to navigate the process it could take you precious weeks to find and lodge the required legal documents. Of course you have to understand the legalese too.

Let’s take a closer look at what a specialist in conveyancing services does for each party.

From the buyer’s side a conveyancing solicitor does the following:

  • Prepares, clarifies and lodges legal documents at the required time frames. These documents are the contract of sale and memorandum of transfer for example
  • Conveyance works include researching the property and its current certificate of title – the type of title, checking for easements, and any other pertinent information that must be addressed
  • Deposit the deposit monies into a trust account
  • Carefully calculate the adjustment of taxes and rates
  • Settle the property – acting on your behalf, advising when the property is to be settled, contacting your financial institution or bank for when the time final payments are to be made
  • Your conveyancer will represent your interests with the vendor and /or their agent

From the seller’s side, a conveyancing solicitor does the following:

Conveyancing is the exciting final step towards buying your new home, block of land, farm or commercial business venture

  • Peruse and complete legal documents
  • Represent your interests during in dealings with the buyer. They may ask to extend dates, ask title questions  should they feel more information is required in your interests.
online conveyancing house conveyancing

How Do I Find An Expert Conveyancing Lawyer?

We strongly recommend you sit down and talk to at least 3 to 5 conveyancers before choosing one to protect your interests during the settlement process.

Start by asking your family and friends if they can recommend a good conveyancing lawyer. Most people have bought and sold a property, or know someone who has, and word of mouth is an excellent way to find the right person. Next you can do an online search using the search term “conveyancer near me”, as well as asking for recommendations from your accountant, real estate agent or lawyer.

Once you have narrowed down your list of prospective conveyance professionals, take a few minutes to give them a call, have a friendly chat and ask a few questions. Ideally you hire a house conveyancer you feel comfortable with, one that meets your needs. You’ll also find some conveyancers will only specialise in different types of property real estate which may help to narrow your search. 

Once you decide you’ve found a conveyancing lawyer you feel confident with, run a basic security check on the business. This way you can quite easily check they are properly licensed to carry out the work. Plus, it’s wise to check their history in Google search and read customer reviews and see if complaints have been made against them.

As we mentioned, licensed conveyancing solicitors can often offer fixed price conveyancing, providing the conveyance searches don’t find any issues. Conveyancing fees will vary depending on the type of property transfer  for example a home, farm or commercial business. It’s also best not to go with the cheapest option. You may not get the best conveyancing service you need for your needs!

Here are some sample questions to ask:

  • Are you a member of the Australian Institute of Conveyancers?
  • Are you a member of PEXA?
  • Do you offer electronic settlements?
  • Do you offer online conveyancing?
  • Can I track my settlement online via the PEXA Key?
  • What types of conveyancing do you specialise in?
  • How much are conveyancing fees? Are disbursements extra? Does that include GST?
  • How much will the house conveyancing works cost? How long will it take? What are your fees and charges? What other, if any costs may be involved?
  • How will you communicate with me, by phone and or email. How often?
  • How will settlement day work, what's the process and time frames? I need to organise movers, final cleaning services and other parties)
  • Do you offer business conveyancing?
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