Eckermann Conveyancers

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 it’s then that the clock starts ticking.

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.

If you’re looking to develop a property by subdividing, it’s important to understand the implications of different types of subdivisions so that you can make an informed decision for your site.

Whether you’re 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.

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.

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 – conveyancers with the backup of a specialist law firm.

Property sale transactions of any kind are a minefield of legal documents and paperwork which can be complex, time-consuming, and sometimes overwhelming – this isn’t something you do every day so we wouldn’t 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.

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.

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.

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.