Conveyancing is the process of transferring ownership of the legal title of a property from one person to another.
It is the process involved in preparing and lodging a range of legal documents in order for the property to officially be settled.
The conveyancing process is normally done by a licensed conveyancer (known as a settlement agent in some states). It’s also possible to use a solicitor or even do the process yourself with a DIY kit.
The process can sometimes be complicated, and if there are any errors in the documentation it might prevent you from settling on the property, which is why most people use a professional.
Along with preparing and lodging the required paperwork, a conveyancer can help review contracts, order searches, coordinate with the other side, and keep the matter moving toward settlement.
The Australian Institute of Conveyancers (AIC) is the professional body that oversees conveyancers in New South Wales, Northern Territory, South Australia, Tasmania, Victoria and Western Australia. In Queensland and the ACT, you’re required to use a solicitor.
At what stage do you engage a conveyancer?
A conveyancer can be engaged at any time, but in most cases, the sooner the better.
As a buyer, if you’re buying through an auction, it’s important to have a conveyancer review the contract of sale well in advance. A conveyancer will be able to assist you in ordering a building and pest inspection and ensuring that all the documentation, such as titles, is in order.
If you’re buying through a private treaty, you should have a conveyancer conduct a pre-purchase review prior to making an offer.
Many times, a conveyancer can do searches for you, that could reveal something about the property that you weren't aware of, which could be problematic or costly to rectify. For example, you might be wanting to do a renovation that includes an extension, and a conveyancer will be able to let you know if this is going to be possible.
A conveyancer may also identify risks before auction or before you make an offer, especially where title issues, restrictions, or planned changes to the property are involved.
For sellers, In New South Wales, Victoria and Tasmania, you need a conveyancer before you put a house on the market. In Queensland and Western Australia, a conveyancer is required when you accept an offer.