What does a conveyancer do?
Conveyancers draw up and review legal documents, including the title transfer, to ensure the terms are fair for the parties involved. There’s a long list of tasks that conveyancers complete to ensure homes are transferred legally and satisfactorily:
• They prepare and review the contract of sale to ensure it’s correct and fair for both parties.
• They prepare the ‘Statement of Adjustments’ which details the final balance payable to the seller on the day of settlement. This is the document that considers adjustments for expenses such as council rates, water rates and owners corporation charges.
• They search for any legal issues with the title. This includes the state of the existing mortgage and if the property has any easements, covenants or caveats. Easements (legal instruments that allow organisations or individuals a legal right to access your land) can cause major issues if not disclosed to the buyer, as they can affect the value of the property.
• A conveyancer is a legal representative, so they’ll also make sure the transaction meets legal requirements and regulations. A conveyancer provides the required legal documents to relevant government agencies to transfer property ownership.
• Conveyancers provide professional legal advice throughout the process, to a client’s fair treatment. They also provide protection via their Professional Indemnity Insurance, based on any advice they may give.
In Victoria, a conveyancer representing the seller is responsible for their client’s section 32 vendor statement, which informs the buyer of any information about the property’s title required by law.
Who does a conveyancer represent?
Conveyancers represent buyers and sellers. In some instances, the buyer and seller of a property may choose to use a mutual conveyancer. However, to avoid conflicts of interest, it’s more common for the parties to hire separate conveyancers. Conveyancers also liaise with relevant parties to ensure everyone is on the same page.
What’s the conveyancing process?
There are generally three stages of the conveyancing process:
1. Contract preparation: The conveyancer drafts the contract of sale.
2. Contract exchange: The buyer and seller exchange contracts, and the conveyancer works to resolve any discrepancies, disagreements, or conflicts.
3. Post completion: The conveyancer manages the title transfer and coordinates payments at settlement.
Do I need a conveyancer?
Conveyancers vary in price, but if you’re wondering whether you can afford a conveyancer, perhaps you should instead be asking yourself whether you can afford not to use one. You can use a conveyancing guide to do the process yourself, but navigating the property transfer process alone can leave you vulnerable to risks, especially if there are underlying issues with the property and agreement, or if the buyer’s finances aren’t in a stable condition.
Every Australian state and territory has different laws, forms, regulations, and taxes associated with purchasing property, so a conveyancer or solicitor can help the whole process run smoothly.
Please note that both conveyancers and solicitors are qualified to handle the transfer of property ownership, and in most states, you can choose to use either (be sure to check the solicitor / conveyancer rules relating to your specific state).
While you aren’t required legally to hire a conveyancer, they can help safeguard your financial future.
Conveyancers, buyer’s agents, financial advisors, and mortgage brokers have a responsibility to ensure that your home-buying, home-selling and/or wealth-building journey is as stress-free, secure and simple as possible. We cannot understate the importance of having an experienced financial services team in your corner when buying or selling a home.
