Eckermann Conveyancers
Buying or selling property is exciting but it can also be stressful. Eckermanns conveyancing services have been helping South Australians with their real estate transactions and other property conveyancing needs for more than 45 years.
Conveyancing for Selling a Property
Learn moreSelling your home? Your choice of aย conveyancer for selling a house, land, or property is an important one.
First Home Buyers Guide 2024
Learn moreBeing a first home buyer can be a stressful time and there is a lot to think about, especially since itโs not something you do every day, so itโs perfectly understandable that you will require pre contract advice and hand holding. You can rely on our efficient service all the time.
Mandarin Conveyancer in South Australia
Learn more็ฉไธไนฐๅๆฏไบบ็ไธญ็ไธไธช้ๅคงๅณๅฎ, ไธบไบ็กฎไฟๆจๅจๆญค่ฟ็จไธญๆๅฐ่ชไฟกๅ่ชๅจ๏ผ่ฏท่็ณปๆใ ๅฅนๆฏไธไฝไผ่ฏดๆฎ้่ฏๅ่ฑ่ฏญ็ๆณจๅ่ฟๆทๅธ๏ผๅฅนๅฐไธๆจไธ่ตท่ฎจ่ฎบ่ฟๆท่ฟ็จ็ๆฏไธชๆญฅ้ชค๏ผไปฅ็กฎไฟๆจไธไผ้่ฟไปปไฝไบๆ ๏ผ่ฎฉๆจๆๅฐๅนธ็ฆๅ่ฝปๆพๅนถไธ็กฎไฟ่ฟๆท่ฟ็จๆฏ็ฎๅไธๆ ๅๅ็
Residential Land Subdivision
Learn moreAs Adelaideโs largest conveyancing firm, we deal with thousands of clients every year, including developers, investors, homeowners and land divisions. There is no job too big or small for our conveyancing solicitor.
How to Transfer a Property
Learn moreIf you wish to transfer property as part of a marriage or defacto relationship, whether as a result of a new relationship or the dissolution of an existing one, your Conveyancer can prepare the necessary documentation.
What is a Caveat on Property?
Learn moreIn real estate, a caveat warns prospective purchasers or mortgagees, who propose to deal in the land, that a third person (normally the person lodging the caveat at Land Services SA) has some right or interest in the land.
Eckermann Select Service – Connections & more
Learn moreWe understand that you have a lot on your mind when you are buying a property. At Eckermanns we are constantly finding new ways to simplify the process for you and to make life easier, thatโs why we have created Eckermann Select Service.
Changing Your Title Deed Details
Learn moreA Certificate of Title is the official record of land ownership in South Australia. Youโll sometimes hear it referred to as a โtitle deed.โ If any details relating to the parties registered on a house or land title change, or have altered in any way, your conveyancer can arrange to update the registration details on the title to the land on your behalf.ย
We can liaise with your lender if required and prepare all the necessary documents needed for changing your title details.
Donโt wait for the property settlement process to engage your conveyancer SA
In our opinion, itโs never too early to engage a conveyancer. At every step, from dealing with your real estate agents to complex legal documents, Eckermann Conveyancers can help simplify the process.
Eckermann Assist
After hours Conveyancing support service
What is Conveyancing?
Conveyancing is the legal process of transferring ownership of property from one person or entity to another. It involves a series of steps that are necessary to ensure that the transaction is legally valid and binding.
The conveyancing transaction process begins with the signing of the Contract of Sale between the buyer and seller. The contract outlines the terms and conditions of the sale, including the purchase price, any conditions attached to the sale, and the expected completion or settlement date.
The conveyancing services then involves a number of searches and checks to ensure that the property being sold is free from any legal encumbrances or issues. This may include searches for planning and building regulations, environmental issues, and other potential liabilities.
Once all the necessary checks and searches have been completed, the conveyancer will prepare the final documents for the conveyancing transaction, including the Memorandum of Transfer itself and any mortgage documents. The Memorandum of Transfer is the legal document lodged with Land Services SA that transfers ownership of the property from the seller to the buyer.
Finally, on the settlement date, the buyerโs conveyancer will transfer the purchase funds to the sellerโs conveyancer, and the Memorandum of Transfer will be registered with the Land Services SA, completing the residential conveyancing transaction.
What is the conveyancing process?
The property conveyancing service is the legal process of property transfers from one party to another. It involves a number of steps that must be completed to ensure that the transaction is legally valid and binding. In Adelaide, conveyancers are generally members of the Australian Institute of Conveyancers (SA).
The conveyancing process typically begins with the signing of a contract between the buyer and seller. The contract outlines the terms and conditions of the sale, including the purchase price, any conditions attached to the sale, and the expected settlement date.
Next, the conveyancer for the buyer will conduct various searches and checks on the property, such as land title searches, council searches, and water rates searches, to ensure that there are no legal issues or encumbrances that could affect the sale.
Once all the necessary checks have been completed, the conveyancer for the buyer will prepare the legal documents required for the transaction, such as the Memorandum of Transfer which has to be lodged with Land Services in Adelaide, and ensure that they are signed and executed correctly.
On the settlement date, the conveyancer for the buyer will transfer the purchase funds to the conveyancer for the seller, and the transfer deed will be signed and registered with Land Services SA, completing the process.
The conveyancing process is designed to ensure that the property transaction is legally valid and binding, and that the interests of both the buyer and seller are protected throughout the process.
What are the fees of a conveyancer?
The fees charged by a conveyancer in South Australia can vary depending on the complexity of the transaction and the conveyancerโs level of experience and service. However, there are several standard fees that are typically charged.
The conveyancerโs professional fee is one of the primary fees charged for their services. This fee will vary depending on the conveyancer and the complexity of the transaction, but it typically ranges from $800 to $2,000.
In addition to their professional fee, there are several other fees that may be charged by a conveyancer. These fees may include search fees, registration fees, and settlement fees and generally speaking these will not vary between conveyancers. Search fees are charged for conducting searches on the property, such as land title searches, council searches, and water rates searches. Registration fees are charged by the government for registering the transfer of ownership with Land Services SA.
Generally speaking, the total fee charged by a licensed conveyancer in Adelaide will depend on a variety of factors, including the complexity of the transaction, the conveyancerโs level of experience, and the specific services required. It is important to discuss all fees upfront with your conveyancer before engaging their services to avoid any surprises later.
What does a conveyancer do?
Conveyancers are licensed professionals who specialise in the legal transfer of property ownership. They act as an intermediary between the buyer and seller to ensure that the transaction is legally valid and binding.
The conveyancerโs main responsibilities include conducting searches and checks on the property to identify any legal issues that may affect the sale, such as outstanding mortgages, caveats, or other encumbrances. They will also review the terms of the sale agreement and advise the client on any legal implications.
Once all the necessary checks have been completed, the conveyancer will prepare legal documents, such as the Memorandum of Transfer, and ensure that they are signed and executed correctly. They will also handle the exchange of funds between the buyer and seller, including the payment of stamp duty and other fees such as council and water rates.
Throughout the process, conveyancers will communicate regularly with the client to keep them informed of progress and to address any concerns or questions they may have. They will also liaise with other professionals involved in the transaction, such as mortgage lenders, mortgage brokers, surveyors, and real estate agents, to ensure that everything runs smoothly.
Concluding, the role of conveyancers is to provide expert advice and guidance to clients throughout the property buying or selling process, to ensure that the transaction is completed in a timely and efficient manner, and that their clientsโ interests are protected at all times.
When should I engage a Property conveyancer?
It is recommended you engage your Adelaide conveyancer as early as possible in the property buying or selling process. This is because the conveyancing process can be complex, and there are several legal and financial considerations to take into account. Engaging a conveyancer at the outset can help to avoid any potential issues later on in the process.
If you are buying a property, it is advisable to engage your Adelaide conveyancer as soon as you have made an offer on a property and it has been accepted. This will give your conveyancer enough time to conduct searches and checks on the property to ensure that there are no legal issues that could affect the sale. They will also be able to review the terms of the sale agreement and advise you on any potential legal implications.
If you are selling a property, it is advisable to engage a conveyancer as soon as possible after you have decided to put your property on the market. This will give your conveyancer enough time to prepare the necessary legal documents, such as the contract of sale, and to conduct any searches and checks on the property that may be required. They may also assist you in the preparation of the Form 1 document which is the disclosure document that all sellers must provide to buyers in South Australia.
Overall, it is best to engage a conveyancer as early as possible in the property buying or selling process to ensure that everything runs smoothly and to avoid any potential issues or delays later on.
Why choose Eckermanns as your conveyancing partner?
Choosing the right property conveyancer is crucial to ensure a stress-free and legally sound property transfer. It’s essential to assess their experience in the industry, expertise in property law, and commitment to delivering exceptional customer service. Eckermann Conveyancers is a premier conveyancing firm with over 45 years of experience in South Australia. Our experienced team of Adelaide conveyancers brings an unmatched level of expertise and dedication to delivering top-tier, cost-effective conveyancing services. We are committed to providing excellent client service, ensuring each conveyancing client receives a tailored, high-quality experience.
Eckermann Conveyancers specialize in a comprehensive suite of property conveyancing services, including residential and commercial conveyancing, land divisions, strata and community title management, and more. With ten strategically located offices across South Australia, we guarantee affordable prices without compromising on the quality or efficiency of our services. We have earned a strong reputation for our reliable, professional, and efficient service, with meticulous attention to detail and personalised service approach.
In addition to traditional conveyancing services, Eckermann Conveyancers also provide legal services, Form 1 documentation, and after-hours inquiry service for agents and clients, complemented by a service level guarantee. This holistic approach positions us as a comprehensive solution for all your property law needs, from the initial consultation to the final settlement.
How can we support you?
Eckermanns Conveyancer in Adelaide is well-placed to support and work with you regardless of your location throughout Adelaide and across South Australia, including Adelaide,ย Gawler,ย Gilles Plains,ย Glenelg,ย Mount Baker,ย Mount Gambier,ย Mclaren Vale,ย Tanundaย andย Victor Harbor.ย We have the appropriate technology infrastructure, cyber security and systems, including video conferencing and remote access capabilities, to work with our clients anywhere in the world. You can contact us at any one of our offices for further information on our services. If you havenโt bought a property in South Australia before, check out our First Home Buyers information.
Remember you can access Eckermann Assist after hours and over the weekend if you have a question outside office hours. While we are the largest conveyancing firm in South Australia, we ensure that our conveyancing service remains personal by having a dedicated Client Partner look after you during your transaction from beginning to end.
Ready to take the next step, or just want to hear more from one of our expert Adelaide property conveyancers or solicitors? Complete the form, and someone from our conveyancing services team will be in touch.
Frequently asked questions | Conveyancing
I have signed and contract to buy a house and Iโve been sent a Form 1. What do I do next?
You should have your Form 1 examined by a Registered Conveyancer. Upon receipt of the Form 1 and following the signing of the private contracts, your two-day cooling off period begins. It is important that the Form 1 is reviewed to ensure that there is nothing within the legal information provided that will cause you concern as the purchaser. And if there is, you need to understand the implications.
If you appoint Eckermann Conveyancers to conduct your conveyancing, we will review your Contract of Sale and Form 1 for you at no charge. Remember to get in touch as soon as you have both documents in hand because itโs then that the clock starts ticking.
How long does the conveyancing process take?
The length of the conveyancing process in South Australia can vary depending on a variety of factors, including the complexity of the transaction, the efficiency of the conveyancers involved, and any potential legal or financial issues that may arise during the process.
Typically, the conveyancing process can take anywhere from 6-12 weeks to complete. This timeframe includes the time required for searches and checks to be conducted on the property, the preparation of legal documents, and the exchange of funds between the prospective home buyer and seller.
However, the process can sometimes take longer if there are any unexpected legal or financial issues that arise, such as disputes over property boundaries or outstanding debts on the property. In these cases, the conveyancers may need to take additional time to resolve the issues before the transaction can be completed.
Overall, it is important to allow enough time for the conveyancing process when buying or selling a property in South Australia, to ensure that everything runs smoothly and to avoid any potential delays or issues. Engaging an experienced and efficient conveyancer can also help to speed up the process and ensure that the transaction is completed as quickly and efficiently as possible.
I want to subdivide my property. Can Eckermann Conveyancers help me?
If youโre looking to develop a property by subdividing, itโs important to understand the implications of different types of subdivisions so that you can make an informed decision for your site.
Whether youโre a developer, investor or a homeowner, our specialist Land and Community Division team is experienced in undertaking complex divisional-related conveyancing work in Adelaide and throughout South Australia, including land, community and community strata divisions, amalgamations, and easement transactions and will work closely with you through the entire division process to ensure you plan appropriately and navigate any potential issues effectively.
What is a Form 3 and can Eckermanns prepare a Form 3 for me?
Once you have signed a contract to purchase a property, you will be served a Form 1 or Vendor Disclosure statement. This document provides important legal information about your property.
The cooling-off period for your purchase expires at the end of the second clear business day after:
- the contract was made if the purchaser received the Form 1 prior to making the contract, or
- the Form 1 has been served on the purchaser if the purchaser received the Form 1 after making the contract. By law, a Form 1 must be served on a purchaser of real property in South Australia.
Sometimes a purchaser may choose to waive their cooling off rights. To do so requires the preparation of a Form 3 is required and the Form 3 must be certified by a legal practitioner. Eckermann Lawyers is experienced in the preparation of Form 3s and in explaining clearly to clients, the implications of waiving their cooling off rights.
Is it better to use a conveyancer or a solicitor for conveyancing?
Both conveyancers and solicitors can provide assistance with conveyancing, and the choice of which to use will depend on your individual needs and preferences.
Conveyancers are licensed professionals who specialize in property settlement and are specifically trained in the conveyancing process. They typically offer a more specialized and cost-effective service for property transactions. Conveyancers are often able to provide faster and more streamlined services, as they focus solely on property transactions and do not handle other legal matters.
Solicitors, on the other hand, are lawyers who are qualified to provide legal advice on a wide range of legal matters, that may include property transactions. They can provide more comprehensive legal services, including advice on complex legal issues that may arise during a property transaction. Solicitors may be better equipped to handle more complex property transactions, such as commercial property transactions or properties with unique legal issues.
Overall, the choice between a conveyancer and a solicitor will depend on your individual circumstances and the complexity of your property transaction. If you are buying or selling a straightforward residential property, a conveyancer may be the most appropriate choice. However, if you have more complex legal issues or are dealing with a commercial property transaction, you may benefit from the additional expertise and services provided by a solicitor. Using Eckermanns provides you with the best of both worlds โ conveyancers with the backup of a specialist law firm.
Can I do my own conveyancing?
Property sale transactions of any kind are a minefield of legal documents and paperwork which can be complex, time-consuming, and sometimes overwhelming – this isnโt something you do every day so we wouldnโt recommend doing it yourself.
At Eckermanns we strive to provide the best conveyancing services to our clients regardless of which side of the transaction they are on. We do it every day of the working week. You can be assured that we will walk you through each step with a full and clear explanation and make this as stress-free an experience as possible.
Can I buy or sell a house without a conveyancer?
In most cases, it is possible to buy or sell a house without a conveyancer, but it is not recommended. Conveyancing is a complex legal process that involves a variety of legal and financial considerations and attempting to navigate the settlement process without professional assistance can be risky and potentially costly
Engaging a conveyancer is particularly important when buying or selling a property, as they can help to ensure that the transaction is legally valid and binding, and that your interests are protected. They can also provide advice on any potential financial or legal issues that may arise during the transaction and help to resolve these issues before they become a problem.
In addition to their professional expertise, conveyancers also have access to a range of resources and tools, such as property searches and legal documents, that are essential to completing a property transaction.
Overall, while it is possible to buy or sell a house without a conveyancer, it is not recommended. Engaging a conveyancer can help to ensure that the transaction is completed smoothly and efficiently and can provide you with peace of mind knowing that your interests are protected throughout the process.
Can the vendor and the purchaser use the same conveyancer?
In most cases, it is not recommended for a vendor and purchaser to use the same conveyancer, as this can create a potential conflict of interest. A conveyancer’s primary responsibility is to their client, and they are required to act in their client’s best interests at all times. If a conveyancer is representing both the vendor and the purchaser, they may not be able to provide impartial advice to both parties.
However, in some situations, such as a family transfer or where both parties are known to each other and agree to the arrangement, it may be possible for a vendor and purchaser to use the same conveyancer. In these cases, the conveyancer must disclose the potential conflict of interest to both parties and obtain their informed consent.
So, while it is possible for a vendor and purchaser to use the same conveyancer in certain situations, it is generally not recommended. Engaging separate conveyancers ensures that each party has an advocate who is acting solely in their best interests and can provide impartial advice throughout the transaction.
What is e-conveyancing?
E-conveyancing is the process of conducting property conveyancing transactions electronically. It involves the use of digital technology to transfer documents including the property title and other legal documents between parties involved in a property sale or purchase. At the moment the main platform providers operating in Australia are PEXA and Sympli.
The main aim of e-conveyancing is to simplify and streamline the process of property conveyancing work by reducing the need for manual paperwork and increasing the efficiency of communication between parties. E-conveyancing platforms enable real-time access to relevant property information, including land titles, mortgage details, and other legal documents.
E-conveyancing is currently being implemented in several countries around the world, not just Australia. It is used also in New Zealand, and Singapore. It offers several benefits, including faster processing times, reduced errors and costs, improved security, and increased transparency in property transactions. E-conveyancing was mandated in South Australia in August 2020, driven largely by the global pandemic which saw the closure of face to face settlement operations.
