Conveyancers are essential when you’re buying or selling a property. They ensure property settlement goes smoothly and all the relevant paperwork is organised and completed to transfer legal ownership from one party to another. But what does a conveyancer do, exactly? To help you get a better understanding, we’ve broken it down below. Read on!
Overview:
What does a conveyancer do?
In a nutshell, conveyancers are responsible for making sure you meet all the legal obligations and regulations involved in your property transaction. For buyers and sellers of property, this can look slightly different.
Conveyancers also deal with other property matters like residential land subdivisions, transfers of property and changes to title details.
What does a conveyancer do for a buyer?
When you buy a house, there are a number of documents and checks that must be done to ensure the property is legally transferred to you. The buyer’s conveyancer will:
- Review your contract of sale, which includes checking the cooling off provisions and property details in your Form 1
- Conduct research about the property and the current certificate of title
- Check for caveats on property
- Prepare and clarify legal documents
- Attend to the verification of your identity
- Apply for a special reading of the water metre to calculate water used by the vendor
- Give you an accurate summary of all settlement costs
- Create a settlement statement for you with the adjustments of any rates paid in advance by the seller
- Ensure that your details are registered correctly on the title post settlement
- Coordinate and facilitate the electronic conveyancing process
- Confirm with you once settlement has been completed
What does a conveyancer do for the seller?
For the seller, a conveyancer will:
- Review your contract of sale or arrange to prepare your contract if required
- Advise on the preparation or prepare the Form 1 document on your behalf
- Conduct the appropriate checks and searches with government departments and local authorities
- Verify your right to deal with the property
- Coordinate with the existing mortgagee if applicable
- Prepare a settlement statement for you and making adjustments for any rates prepaid by the seller
- Coordinate and facilitate the electronic conveyancing process
- Confirm with you once settlement has been completed
- Ensure that your details are registered correctly on the title post settlement
Residential land subdivisions
So, what does a conveyancer do for residential land subdivisions? Conveyancers will:
- Check the land/property for:
- Help you engage a surveyor
- Make an application to the Lands Title Office for the issue of a new title
- Help you understand the different types of subdivisions
Because of the complexity of residential land subdivision and community division, it’s important that you get a professional conveyancer involved early. If bad decisions are made or legal regulations aren’t met, it can add significant costs and time onto your plans.
Is a conveyancer a lawyer?
A conveyancer is not a lawyer. While lawyers can perform conveyancing work, conveyancers are limited in the legal advice they can offer clients. This is mainly due to their qualifications.
The training to become a conveyancer typically involves a one year diploma course and an additional year of supervised training. The training to become a lawyer, on the other hand, involves a bachelor degree at the very least.
What is the difference between a solicitor and a conveyancer?
Conveyancers are specialists in property transfers, while lawyers are qualified to deal with a broader array of legal matters, i.e. property settlements for separating partners.
Trusted conveyancer in Adelaide
At Eckermanns, we have over 45 experience in conveyancing, so there’s nothing we haven’t seen. Whether you’re a first home buyer or selling your family home, we’re here to help.
The earlier we are engaged in the conveyancing process, the more we can do to ensure the process of transferring a property is as smooth as possible. Contact the team at Eckermanns on 08 8366 7900 for any assistance.
Conveyancing FAQs
Do you really need a conveyancer?
The rules and regulations around selling and buying property are ever changing, complex and time consuming. This is why we highly recommend you engage a conveyancer, especially early on in the process.
Learn more: why do you need a conveyancer?
Is it better to use a solicitor or conveyancer?
This ultimately depends on your needs. If your real estate transaction is relatively straightforward, a conveyancer will be ideal. But if you need legal advice and support for other property matters, a lawyer is what you’ll need.
What are searches on a property?
When you see reference to ‘searches’ this is simply official documents that need to be requested from local, state government and semi-government agencies to facilitate the land transfer process.
Land Services South Australia is the official registry of information relating to land in South Australia and is one of many sources with which your conveyancer will coordinate information required to conduct your property transaction. There are usually fees charged for all searches and these are passed onto you at cost.
