The world of conveyancing can be a perplexing place, filled with legal jargon and so much documentation! If you’ve ever wondered to yourself, ‘what does a conveyancer actually do?’, we’re here to help clarify it for you.
By definition, conveyancing is the process of transferring the ownership of property from one person to another, but really there is so much more to it.
In broad terms, a conveyancer is a licensed and qualified professional who can:
- Provide information and advice about the sale or purchase of property
- Prepare legal documentation for property transactions
- Represent either the vendor or the buyer during the settlement process.
While you aren’t legally obliged to use the services of a conveyancer, because of the complex legal nature of the work involved it is highly recommended that you do when planning to buy or sell property, subdivide land, register, change or remove an easement or when updating details on a certificate of title.
In any of the situations above, you must fully understand all the relevant legislation and regulations that apply, as well as any other specific requirements from other agencies like local councils. Getting your head around all of that when you don’t have a legal background can be difficult, so that’s where we here at Eastern Conveyancing are here to protect you!
As your conveyancer, we can advise you on:
- Types of title and forms of ownership
- Your cooling-off rights
- Circumstances in which a party can avoid settlement
- Available grants, concessions and rebates
- Fees and charges, including rates & taxes to be adjusted
- Change of ownership notifications
- Your legal obligations including your insurance responsibilities
- The meaning of any encumbrances or caveats
- Understanding special conditions or “subject to?” clauses
- Preparing special conditions.
When it comes down to the nitty gritty and you’re ready to proceed with either your commercial or residential transaction, we will:
- Prepare and clarify legal documents – e.g. sale, memorandum of transfer
- Conduct research about the property and its certificate of title – e.g. checking for easements, type of title
- Represent you in preparing for and during settlement
- Place and hold deposit money in a trust account
- Calculate the adjustment of rates and taxes when buying or selling property
- Liaise with the vendor or buyer’s conveyancer over settlement arrangements
- Contact you to advise when settlement or subdivision is complete
- Contact your financial institution, if applicable, regarding how and when the final payments are to be made and received
- Submit applications to Revenue SA for any grants you may be eligible for e.g. First Home Owners Grant
- Negotiate offers on your behalf with a vendor or their agent (note this is a non-standard service)
- Lodge all necessary documents with the relevant agencies.
We know it can sound very complicated, and making a mistake when buying or selling a property can lead to serious situations and potential financial disaster. Don’t risk it by doing it yourself. Leave it to the professionals, like us here at Eastern Conveyancing, to protect you and take care of your interests!
If you have any more questions about conveyancing please contact us at firstname.lastname@example.org or on (08) 7226 8033.