Conveyancing

In Australia, conveyancers, settlement agents, or lawyers can perform property ownership transfers. As such, some are confused about when and which is needed for their conveyancing project.

A Conveyancer is a conveyancing specialist who typically must be licensed to conduct conveyancing on behalf of clients.

A Lawyer, on the other hand, is a property specialist who can do everything conveyancers do and more, like providing legal advice on the conveyance and related agreements as well as provide estate planning advice and protect you in additional ways.

When choosing between a conveyance or lawyer, keep in mind that property law is not the only area of law relevant to conveyancing. You may have tax questions or other legal issues that we can competently address, providing a more thorough, rewarding experience. 

The conveyancing process may involve several key steps to transfer the legal ownership of a property from the seller to the buyer. While the specifics may vary depending on the jurisdiction and individual circumstances, the general process can be summarised in ten basic steps.

1. Engagement of Legal Representation: The buyer and seller each engage their own legal representative (conveyancer or lawyer) to handle the conveyancing process on their behalf.
    
2. Contract Preparation and Review: The seller's legal representative prepares the contract of sale, which includes details such as the property's description, sale price, settlement date, and any special conditions. The buyer's legal representative reviews the contract to ensure that it accurately reflects the agreed-upon terms and conditions.
    
3. Pre-Purchase Due Diligence: The buyer's legal representative conducts due diligence on the property, which may include obtaining property searches, conducting inspections, and investigating any potential issues such as zoning restrictions, easements, or encumbrances.
    
4. Finance Approval: If the buyer requires financing to purchase the property, they apply for a home loan from a lender. The lender assesses the buyer's financial situation and the property's value to determine if the loan can be approved.
    
5. Exchange of Contracts: Once both parties are satisfied with the terms of the contract and all conditions have been met, the contracts are exchanged. This involves the buyer and seller signing identical copies of the contract, which are then swapped between their legal representatives. At this point, the transaction becomes legally binding, and the deposit (usually a percentage of the purchase price) is paid by the buyer.
    
6. Cooling-Off Period (if applicable): In some jurisdictions, buyers may have a cooling-off period after exchanging contracts during which they can withdraw from the sale without penalty. However, this period is typically short (e.g., 5-10 business days) and may not apply in certain circumstances, such as auctions or when the buyer waives their right to a cooling-off period.
    
7. Settlement Preparation: Both parties' legal representatives work to prepare for settlement, which involves finalising financial arrangements, transferring ownership of the property, and ensuring all necessary documentation is in order.
    
8. Final Inspection: Prior to settlement, the buyer usually conducts a final inspection of the property to ensure that it is in the same condition as when contracts were exchanged and that any agreed-upon repairs or inclusions have been completed satisfactorily.
    
9. Settlement: On the agreed settlement date, the buyer's legal representative arranges for the payment of the remaining purchase price, and the seller's legal representative facilitates the transfer of ownership of the property from the seller to the buyer. This process often occurs electronically through the use of a settlement agent or conveyancing platform.
    
10. Post-Settlement Procedures: After settlement, the buyer's legal representative registers the change of ownership with the relevant land registry or authority and ensures that any outstanding matters, such as payment of rates and taxes, are addressed.
     

Throughout the conveyancing process, both parties' legal representatives liaise with each other, as well as with real estate agents, lenders, and other relevant parties, to ensure that the transaction proceeds smoothly and in accordance with legal requirements. Effective communication, attention to detail, and adherence to deadlines are essential for a successful conveyancing transaction, and that's what you get when you engage our lawyers at Taylor Legal.

Call on (03) 5292 3637 to schedule a consultation and find out more on how we help ensure a smooth and legally sound property transaction.