Sure, there are kits available that take you through the conveyancing process — just as there are DIY will and testament kits. However, the conveyancing process is complicated due to a number of state and local laws and regulations that govern conveyancing in Australia. If you make a mistake or something is missing from sales contract, it has the potential to seriously hamper or even delay the sale, costing you time and money as you seek to rectify the issue as quickly as possible. Often any potential savings simply aren’t worth the risk.
Both a conveyancer and a conveyancing solicitor are qualified, licensed professionals capable of providing the same conveyancing services. However, unlike a conveyancer, conveyancing solicitors have a law degree so usually also practice other areas of the law. Therefore in complex real estate cases, it may be better to hire a conveyancing solicitor. However, for the majority of real estate sales, vendors choose to hire a conveyancer.
Your conveyancer will look after most of the legal aspects of the sale, which includes preparing the contract of sale and transferring the title, as well as many other things too, such as:
When buying:
When selling:
Many people think you only need to hire a conveyancer when you’re buying, however it’s a good idea to also use a conveyancer when you’re selling — and the sooner, the better. Ideally you should look to appoint a conveyancer soon after you have appointed a sales agent, as you’ll need them to draw up the contract of sale.
The process for finding a conveyancer is not dissimilar to the one for finding the right real estate agent. Do your research, ask around with friends, family and neighbours to see who they used and who they recommend. You can also ask your sales agent, who may know of some well-regarded conveyancers in your local area.
It’s a good idea to speak with a couple of conveyancers rather than hiring the first one you call. Some conveyancers specialise in different areas of real estate — for instance, apartments, cross leases, subdivisions, and so on — so it’s a good idea to ask them a few questions before hiring them. Make sure you also find out the following:
You conveyancer plays a key role in what happens on settlement day and, especially, how smoothly it runs. Settlement is the very final — yet crucial — stage in the sales process, in which a sales agent has very little involvement. I can’t stress enough just how important it is that you hire a conveyancer you feel comfortable with, and with whom you can place your trust.
Find out more about what a conveyancer does and the costs involved, or for more information generally about selling property in Australia, subscribe to receive access to our free guide called, Selling Your Property: What You Really Need to Know. Alternatively, for more property news, insights and analysis, continue reading our blog.
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