Conveyancing is the legal process of transferring the ownership of legal title of land property from one party or entity to another. It’s a necessary part of buying or selling property, and ensures that the new owner receives their property after payment has been rendered to the seller.
While some people might want to cut costs and attempt to do conveyancing on their own, it is not recommended. If there are problems with the application or there are special, mitigating circumstances, it can stall the purchase or negate it completely.
Let’s dig into conveyancing and find out why it is so important.
There are several instances when you might need conveyancing beyond buying or selling a property. These include:
- Subdividing Land
- Updating a Title (such as registering a death or adding a spouse)
- Registering, Changing, or Removing an Easement
A conveyancer is a professional that has specialized in conveyancing and is licensed to handle these matters.
- They provide conveyancing advice,
- Offer information on the sales cycle of a property
- Prepare the conveyancing documentation
- Conduct the settlement process.
A conveyancer is not required to be a lawyer, however because it is a legal process you will find that many conveyancers are in fact trained lawyers.
A conveyancer will offer different services based on whether they are working with the buyer or the seller of a property. This makes the most sense, because the buyer is at the most risk in any property purchase. The seller does not need a legal application to accept payment, but the buyer absolutely needs legal proof that the property has been transferred.
In general, a professional conveyancer will do more work on behalf of the buyer. This includes the preparation of the legal documents, such as the contract of sale and memorandum of transfer. In addition, they will research the for-sale property and check the legitimacy of its current title, searching for any easements or other concerns.
The conveyancer will also
- Manage your deposit in the trust account
- Calculate the adjustment of rates and taxes
- Settle the property
- Coordinate information between the banks and parties
- Generally representing your interests along with your vendor or real estate agent.
For the seller, the conveyancer will ensure that all legal documents are prepared, signed, and properly in order. As with the buyer, the seller’s conveyancer will offer advice, insight, and general help throughout the process.
While conveyancing on the seller’s side is simpler than for the buyer, it is still vital that a professional conveyancer is used on both sides. You hope that everyone you deal with in business is as honest and as fair as you are, but the reality is that there are people without scruples. A licensed, professional conveyancer will protect you from being taken advantage of in the event of fraud or misrepresentation.
Get a Professional Conveyancer
Bartels Lawyers offers professional conveyancing services to the greater Brisbane area. Our legal team has decades of experience in the legal transfer of property and title with no complications or hassles.
Remember, the first rule is to get a lawyer into any legal proceeding early. There is never an instance of getting legal advice too early, but there are instances when it might be too late.
Bartels Lawyers are legal experts in several different areas of law and can put the full expertise of our law firm, including worker’s compensation, family law, personal injury, and wills & estates.
Contact Bartels Lawyers today!