What is conveyancing?

Amasha
May 11, 2024
3 min read
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Open configuration options What is conveyancing?

Conveyancing is the complex legal process of transferring ownership of land from the Vendor to the purchaser. When done correctly, conveyancing ensures that all things necessary to legally acquire property are settled. 

You will essentially go through three stages within the conveyancing process.

  • Pre-contract
  • Pre-completion
  • Post-completion

Pre-signing a contract, a conveyancer will review the contract and advise you on any complex legal issues that they encounter. A conveyancer always acts in the best interest of their client. On behalf of a purchaser, they will always attempt to secure a contract with the least obligations and for buyers they will look for transactions that provide the earliest and easiest settlement.

Who is a Conveyancer?

A conveyancer is a professional (lawyer) who provides advice and undertakes the process of transferring legal title from the Vendor to the buyer. They take the tedious legal work off your hands in every stage of conveyancing. An expert conveyancer will provide advice on the contract of sale and handle all the administrative tasks related to your transaction guaranteeing that the process remains legally compliant.

The conveyancing process entails submitting different documents to authorities and various other administrative tasks to be carried out in each step. Following these steps is crucial to ensure due process and secure yourself a proper legal title.

Within this process, a conveyancer will ensure that your best interests are protected and that you are informed of all your rights during a property transaction.

Scope of work provided by a conveyancer to a buyer

  • Advise on any special conditions required in the given circumstance (included in the contract and their potential impact) 
  • Advise on any special conditions required in the given circumstance (included in the contract and their potential impact)
  • Review and advice on any S32 statements of the houses you are considering purchasing.
  • Communicate with the other party’s conveyancer at every stage of the transaction
  • Prepare all documentation necessary for transferring the legal title from the Vendor's name to the purchaser's name.
  • Advise and notify the council, land titles office and the water authority after the settlement has occurred.
  • Represent the buyer’s interests in dealings with the other party.
  • Provide advice on and calculate adjustments of rates and other taxes between the Vendor and Purchaser.

Scope of work provided by a conveyancer to a seller

  • Advise on the necessary information for the preparation of the vendor’s statement, commonly known as the S32 statement (this is a document outlining things about a property that a buyer should know) and contract of sale.
  • Attend the settlement with all other stakeholders involved.
  • Represent the seller in dealings with the buyer.
  • Review statement of adjustments for rates and other taxes between the Vendor and purchaser.
  • Advise and notify the council, land titles office and the water authority after the settlement has occurred.
  • Represent the buyer’s interests in dealings with the other party.

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