The conveyancing process

Conveyancing is the legal process through which properties, businesses and sometimes commodities are bought and sold. For most people, the time when a conveyancer is most needed is when they either buy or sell their home. Conveyancing Buddy escapes the legal jargon and delivers a handy guide in plain, simple English.

What is a conveyancer?

In Australia, a registered conveyancer is licensed under the Conveyers Licensing Act and is regulated by the Department of Fair Trading. Traditionally, most conveyancers have been solicitors, but there a selection of courses available these days in conveyancing alone, so finding a licensed conveyor who is not a solicitor is common place. They can either be sole traders or work for law firms.

A good place to start when looking for a conveyancer is the Australian Institute of Conveyancers, which has branches in every state. Because Australia's conveyancing laws vary from state to state, it can be a confusing process, which is why it's best to start with your state's system.

What does a conveyancer do?

One of the most important facts to find out about a property before you buy it is whether or no it is in fact rightfully being sold. For the person selling, they need to ensure that legal forms required by various levels of government are completed. So for both the buyer and seller, a conveyancer can make life a lot easier.

For a buyer, most of the work completed by a conveyancer will be in searches, checking if title deeds are in order, rates and charges are fully paid, and that there are no encumbrances or restrictions on the property. They will also complete contaminated land, council property, land tax, main roads, full council inspection of records and a registered plan searches, among others. Many of these are complex because there can be information in Federal, State and local government systems.

When the searches are complete, the conveyancer's role is to make sure that other items in the contract are upheld, that all fees and charges are paid and that all legal documents are drawn up. The whole process can take between 4-6 weeks, and usually costs around $1000.

Of course, there are DIY conveyancing kits available, and if you are confident that you know the process than this can be a good option. However, because of the three tiered government system in Australia, it can be a highly convoluted process if you don't have much experience, and lead to potential pitfalls in your deal.