Conveyancers

Why You Need a Conveyancer?

You need a conveyancer to manage the legal and financial aspects of buying or selling property, ensuring the transfer of ownership is handled correctly and legally, and to mitigate financial risks. They prepare and review contracts, conduct property and title searches, and coordinate the settlement process, which can save you time and prevent costly errors. 

 

Key responsibilities of a conveyancer

  • Handle legal paperwork: They prepare, review, and lodge all necessary legal documents, which can be complex and time-sensitive.
  • Conduct searches and due diligence: A conveyancer performs title and property searches to identify potential issues like easements, restrictions, or outstanding rates and taxes.
  • Mitigate risk: By performing thorough checks, they help you avoid future problems and financial liabilities associated with a property.
  • Coordinate settlement: They act as a point of contact to coordinate the settlement time with banks, agents, and the other party, ensuring a smooth transfer of funds and keys.
  • Manage financial adjustments: They handle financial adjustments, such as prorating council rates and water rates, to ensure financial fairness between the buyer and seller.
  • Provide expert advice: They can explain legal jargon, advise on contract terms, and help you understand your obligations and rights, which can be especially helpful for first-time buyers.
  • Ensure a clear title: They verify that the property title is clear of any claims, caveats, or covenants before the sale is finalized.
  • Handle post-settlement notifications: After settlement, they will ensure the new title is registered in your name and notify the relevant authorities, like the local council. 

 

What Does a Conveyancer Do?

A conveyancer is a trained and accredited professional who provides advice and information related to the transfer of property ownership and assists both buyers and sellers through the process. They organise appropriate documentation required for settlement, communicate with lenders, and provide advice where possible.

Solicitors can also act as conveyancers. Indeed, some states (Queensland and the ACT) demand all conveyancing work is overseen or completed by solicitors who have comprehensive legal training. Thus, they can provide advice on a wider variety of topics and might be better suited to manage the legalities of complicated property transactions. Generally, a solicitor will charge more than a conveyancer to do the same conveyancing work.

 

It’s recommended you use a conveyancer (or solicitor) when:

  • Buying or selling land

  • Updating a title (e.g. if someone on the title passes away​​​​​​)

  • Subdividing land

  • Registering, changing, or removing an easement (a right to use the land)

 

After hiring a conveyancer, they can help:

  • Check the property for any issues that might infringe on regulations or affect a buyer (such as unapproved structures or easements)

  • Prepare and examine the contract of sale

  • Advise and manage the deposit payment, stamp duty, and other property ownership transfer costs

  • Organise a land survey to ensure the boundaries of the property are accurately represented

 

Prior to hiring a conveyancer, you can check out the Australian Institute of Conveyancers, the peak body representing registered, licensed, and practising conveyancers in Australia, to see if your conveyancer is a part of the database. If you’re looking to buy or sell property in Queensland or the ACT, you might want to check out the Queensland Law Society or the ACT Law Society instead.

 

It’s also worth noting, a conveyancer is legally required to have professional indemnity insurance when they work. This protects the conveyancer if they were to make a mistake or omission that could result in their customer taking legal action against them.