Buying or selling property is exciting but it can also be stressful. Eckermann conveyancing services have been helping South Australians with their real estate transactions and other property conveyancing needs for more than 45 years.
Don’t wait for the property settlement process to engage your conveyancer
In our opinion, it’s 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.
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 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 process 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 buyer’s conveyancer will transfer the purchase funds to the seller’s conveyancer, and the Memorandum of Transfer will be registered with the Land Services SA, completing the conveyancing process.
What is the conveyancing process?
The conveyancing process is the legal process of transferring ownership of a property 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 conveyancer’s level of experience and service. However, there are several standard fees that are typically charged.
The conveyancer’s 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 conveyancer in Adelaide will depend on a variety of factors, including the complexity of the transaction, the conveyancer’s 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 conveyancer’s 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 legal 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 clients’ interests are protected at all times.
When should I engage a 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?
When choosing a conveyancer, it is important to consider their level of experience and expertise in the field, as well as their reputation and customer service. Eckermanns is a well-established conveyancing firm that has been operating in South Australia for over 45 years. They have a large team of very experienced conveyancers who are dedicated to providing high-quality services to their clients. They strive to provide excellence in customer service and assure conveyancing clients that they will receive a bespoke service.
Eckermann Conveyancers offers a range of conveyancing services, including residential and commercial property transactions, strata title and community title, as well as land divisions and other related services. They have ten offices located throughout South Australia. Eckermann Conveyancers have earned a strong reputation for providing reliable and efficient services, and their team of conveyancers are known for their attention to detail and personalised approach.
In addition to their conveyancing services, Eckermanns also offer a range of other services, including legal services and Form 1 documentation. In addition, they provide an after-hours enquiry service for agents and clients as well as a service level guarantee. This comprehensive approach to property services makes them a one-stop-shop for all your property transaction needs.
How can we support you?
Eckermanns is well-placed to support and work with you regardless of your location, with office locations throughout Adelaide and across South Australia, including Adelaide, Gawler, Gilles Plains, Glenelg, Mount Baker, Mount Gambier, Mclaren Vale, Tanunda and Victor Harbor. 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 haven’t 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 conveyancers or solicitors? Complete the form and someone from our team will be in touch.
Frequently asked questions | Conveyancing
I have signed and contract to buy a house and I’ve 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 contract, 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 in South Australia. 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 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 the best decisions 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 service 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.