Legal Advisor

The conveyancing period is beautiful when everybody can get into a frenzy of hope. The new property keys will soon get into your hands, and you will step in fully. But before that time comes, you must be ready to give answers to specific questions that may pop up. At the same time, without having the necessary information, the conveyancing and the settlement process can get very complex and discomforting. A non-professional may struggle with these processes.

Besides, they include different legal, administrative and financial duties by all parties involved in the process. Therefore, it is better to hire a conveyancer to do the job. When you find the right professional to deliver on the job who understands your deal’s process and peculiarity, you can rest. His professionalism and experience should be sufficient to simplify the otherwise complicated and overwhelming conveyancing process.

Below are the five essential questions that most homeowners need to answer during the conveyancing

1. What is Conveyancing?

Conveyancing is the process whereby property ownership is transferred with the legal title of the property from one owner to another. The involved parties could be individuals or legal entities coordinated by a conveyance or professional conveyancing solicitor. When selling a property, there is certain information that all the parties should be privy to, especially the potential buyers. All these factors and conditions are found in the Section 32 statement.

This statement is otherwise known as the Vendor statement. Before the process begins, the information should also be relevant to what you may have ticked off with your solicitor or conveyancer. This document contains a book of jargon for novices with many terms that are difficult to explain.

2. What does a conveyancer or conveyancing solicitor do?

A conveyancing solicitor or a conveyancer is responsible for ensuring that the buyer of the property gets the title as soon as the deal is closed. He oversees the entire conveyancing process until the seller’s hands over the property to the buyer and all the legal conditions have been met. He also offers legal counsel as the matter proceeds until all the matters are resolved and every party is delighted.

A conveyancer may work for the buyer or seller to undertake the legal work, including a permit for the represented party. Apart from giving legal advice, the solicitor may also check to verify all the necessary documents in the entire conveyancing process. This skill is notable in ensuring no hidden or overlooked conditions. As profitable as buying a property could be, a trained practitioner best understands the terms and conditions. 

It takes a qualified and experienced conveyancer to adjust calculations for outgoing, issue stamp duty and manage taxes. Otherwise, the homebuyer may land in some unprecedented mess on the property. The conveyancing solicitor also handles the physical inspection of the property and the search inspection of adherence. All these activities and processes remove every potential trap and hurdle in the conveyancing process.

3. What do conveyancers handle?

It is the role of conveyancers to handle all the paperwork involved in conveyancing until the transfer is complete. The home buyer gets to collect the details of his property ownership through the conveyancing solicitor. Depending on what role you are playing in the conveyancing process, the conveyancer may have the following functions to play

• The conveyancer reviews, prepare and lodges all the property’s legal documents. The papers may include a contract of sale, transfer of land document and others.
• He handles all the research property titles. It may include any third-party right over the use or occupation of the land, such as the easements
• It is the conveyancer that helps you to understand what property you are purchasing and what are the associating factors with it.
• A conveyancing solicitor can also hold funds on your behalf in a trust account. When the right time comes, he disburses the trust funds based on your instruction
• He relates with the real estate agent and the vendor on behalf of you, the buyer
• Relates with the bank or financial institution in charge of the payment or mortgage loan to facilitate the process of payments and settlements.

A seller’s conveyancer has a slightly different role to play in conveyancing.

• He prepares and lodges all the essential legal documents in conveyancing
• The conveyancer coordinates the discharge of the mortgage loan with your bank or any financial institution the buyer chooses
• He organises the release of the deposit to you at the right time from the buyer’s funding source
• Secures the title document from you to effect the transfer to the buyer. 
• He also handles any request for an extension of agreed dates or a review of communications between the two parties

4. How can you find a professional conveyancer?

The services of a professional conveyancer are beyond simply talking to any lawyer or solicitor because not all solicitors are trained n conveyancing. Therefore, you need a licensed conveyancer whose particular area of expertise is in the conveyancing process. This professional can use his qualification and experience to save time and cost and help you navigate the process. 

Depending on the complexity of the process, conveyancers charge differently. What your solicitor charges you for his skills and expertise may rely on any extra work that the conveyancing may demand from him. For example, in some cases, the conveyancer may spend more in obtaining specific property and rate certificates in some states. In such a case, he has to do more to prepare all the docment and sometimes add more to finish the job. 

5. Are conveyancers there on the settlement day?

This final question is no less important than the one we answered above. The simple answer is yes. The job of a conveyancer is not complete until you get your property as yours with all the papers that prove it. He practically holds your hand from when the seller accepts your offer to when you finally close the deal. 

At the same time, the conveyancing solicitor is in charge of the time because he settles the time with the vendor and the buyer to ensure that every transaction proceeds smoothly without any issues. He also manages all the financial adjustments necessary in the deal to rightly defend them before the council and factor in every required rate. 

In the end, the conveyancer grants the homeowners the final documents confirming the property’s new ownership in the full name and with the correct details. We are here to serve your needs if you need more help finding a conveyancer. 

Buying to own your property is a significant step to take. But that process cannot be complete except there is the conveyancing stage, from when you hunt for a suitable property to getting the keys. If you consider what an agent, solicitor or conveyancer goes through to complete your home purchase deal, you will appreciate them better. Then, when a property seller accepts your submitted offer, the process begins until you get access to your new home.

The conveyancing process involves about seven basic steps where the conveyancer or solicitor gives you representation in the negotiation. Endeavour to consider each of these steps to see how they help you arrive at the best quality of results. 

Step 1: Submit your information

The first step in conveyancing is for you to provide your conveyancer with all your detailed information to file a formal work relationship. You should also include standard instructions on what you will have them do for you, including the kinds of property. It may be a physical or online form; you should ask questions if anything is unclear. 

In addition, the solicitor will need to verify your identity, so you should give a valid government-issued ID document such as a driver’s license or international passport. In some firms, the process may be done via electronic means using a smartphone, which is easier, safer and more secure. In addition, the conveyancer may require evidence of your source of funding to comply with any anti-money laundering regulation. 

In many cases, conveyancing cannot complete without proof of the source of funds. The government of Australia wants to be sure that properties are not changing hands to fraudsters.

Step 2: Get the contract pack and the legal title

When you have given your conveyancer all your details and details of the property you want, you can wait to receive the contract pack. The pack will include all the contract documents, including the legal title. The conveyancer or solicitor’s job is to contact the home seller and request a draft of the documentation prepared by the seller’s agent. 

This pack may also contain the property forms and fittings as well as the form of the content. Your conveyancer will review the contract pack to verify there are no issues with the property’s legal title. He should also read through the contact draft to ensure every term is correct, including all the relevant information, such as the purchase price with full names. 

This pack must contain information on the building works, insurance claims, utility records and electric/gas maintenance. The arrangement should show which items are included or excluded by the seller as shown in the contracts. 

Step 3: Review the Property Search results

While reviewing your property contract pack, the conveyancing process continues as you can review the property searches. At this level, it is still a local authority search, including the checks for all planning applications, land charges, and road status. Check out the drainage and water search to see the flow of drains and sewers. 

On the other hand, watch out for the environment to understand if the property is susceptible to flooding, contamination or subsidence. The conveyancer may also conduct additional searches based on the local area and unique requirements. After completing the investigation, the necessary actions need to be in place.

Step 4: Manage the Mortgage

The next thing to take care of is your mortgage and get a copy of the issued mortgage on the property. Next, share a copy of the mortgage offer with your conveyancer, who is equally representing your mortgage lender in this equation. While working on closing the deal, the conveyancer protects both your interest and the lender’s interest to ensure everything proceeds smoothly. 

There may be instances where you get a report of a potential issue with the property from the lender before approving the mortgage. After your conveyancer receives your submitted mortgage, they will send a mortgage deed to sign. Signing the deed enables the lender to place a charge on the legal title of the property. As a result, they can use this clause to repossess the property if you default on any of the expected payments. 

Step 5: Filing a Property Report

The conveyancer must have received all the replies to enquiries on the property, including the mortgage offer and search results. It is not time to prepare a formal report containing all this property information. However, it may also include the legal advice you need before investing your money into the property. With the buyer’s agreement, the conveyancer gets a deposit on the contract terms in exchange for the contract being signed.

Step 6: The exchange and completion

When you get the contract, you sign it and pay the property’s first deposit. But at this level, the purchase is not yet binding because the contract exchange is yet to occur. At this stage, your conveyancer or solicitor discusses the potential dates to complete the deal and get you the keys to the property. After both parties agree on a date, the conveyancer proceeds with the final check on the property to ensure all identified issues have been resolved. 

On the other hand, he checks the terms of the mortgage funds from the lender and verifies all the documents. After checks are complete and the seller’s solicitor is satisfied, too, your conveyancer calls you to get verbal authority to exchange contracts. This authority is scheduled for the agreed date and is legally binding on the purchase. You cannot possibly back out of the deal without a fine, while the seller is bound to sell the property to you alone. 

Step 7 – Post the Completion

After you purchase your house in full and get the keys, your conveyancer should pay the land tax returns and stamp duty, if any. He files an application to the local Land Registry first to register your details as the property’s new owner. After completing the registration, you get an updated copy of the title register with your name on it. This formal approval bearing your name is conclusive evidence that the property is entirely yours as approved by the local authority. On the part of the authority, the records are updated in every suitable place. 

Conveyancing is a simple process that can become complicated if you don’t understand what it takes or fall into the wrong hands. Therefore, right from the word go, you should have a hold on the factors that determine the success of your conveyancing process. Ultimately, your investment in a property must count, and you must finally have the keys to the house of your dreams in your hands. Conveyancing takes more than accepting your offer; you must follow through with the process until completion.

In the first place, if picking the right house was that easy, then you would never need the services of a conveyancer. But home buyers have realized that if you need to deal with the transactions of properties outside of their locality, it requires professional hands. So after concluding on getting a conveyancer, then you need to pick where to pick them from. That brings us to the benefits of using a solicitor or conveyancer from within your locality. 

While we have tried to expand the list as comprehensively as possible, it is still not exhaustive of what you can gain from a local conveyancer. Moreover, these benefits establish why you should instruct the conveyancing solicitor on how to get the best quality service. 

5 Benefits of using a local Conveyancing Solicitor

1. A personal touch

When you go for a conveyancer who lives outside of your locality, you may be restricted to communication via telephone or e-mail. However, to meet with the solicitor face-to-face, you will probably have to take a long drive, coupled with some inconvenience. Therefore, it is better to meet face-to-face with the solicitor before the conveyancing begins, giving you a feeling of personal touch. 

Moreover, remember that you are about to invest probably the most significant investment in your life. You don’t want to risk that with a company you only communicate with virtually. It will also help both parties understand the transaction details and not assume any part.

2. Accessibility

A local conveyancing solicitor gives you access to the core of the towns and cities where they operate. That implies that you can easily pop in and out of the company office or property under view whenever necessary. You can even decide to give s surprise visit without a prior appointment. As a reputable conveyancing company, we allow our clients to visit any of our offices whenever they see fit. However, remember that non-appointment visits may not be as details as appointed visits. 

3. Local knowledge

Apart from the accessibility that local conveyancing solicitors give, these solicitors also have in-depth knowledge of the locality. Their strong history of the region and local knowledge of events and trends could mean a massive wealth to them for your investment. One of the ways this could mean an enormous advantage is a speed at which they can complete transactions. Another way is the accuracy with which these transactions are processed. Our experience as a conveyancing firm, coupled with the expertise of our team of experts, can also hasten the processes.

4. Low risk of fraud

It is hardly possible that a local solicitor will do an illegal deal with a new client coming on the block. The reason is that being a local person already connects him with the locality, and he always remains connected to the region. So while other clients may experience different issues with fraudsters trying to intercept ongoing discussions between solicitors and customers, those who deal with local solicitors are often safe. 

The fraudsters often find a way to convince the customers to send the deposit to a different bank account. But when dealing with a local conveyancer, you can be confident in getting the correct bank details before making the transfer. Moreover, we usually recommend having a face-to-face meeting to build trust in our high quality of service. 

5. Other legal services

When you complete your conveyancing transaction, you may also need other legal services, and you won’t have to look elsewhere. Having a local solicitor is an opportunity to understand better and use other related legal services that pertains to that locality. Moreover, a solicitor with local knowledge already understands what is obtainable in terms of the local regulations about property management. 

Examples of legal services you may require to include creating a will or trust for your estate. Our top team of experts can work you through a perfect customer experience, giving you all the related legal services you may need. In addition, we can boast of a team with several years of community experience, active participation in community building and support for local events and other initiatives. 

A summary of what to expect from a local conveyancer

It may interest you to know things you can look forward to when using a local conveyancer. A local conveyancer usually

1. Know the local area or region especially concerning issues that may impact your property purchase
2. Know the local property market, the ongoing trends, market history, market factors and the level of buoyancy within the market
3. Possess a formal relationship with the local real estate agents upon which your negotiation and discussions can ride to ensure the transaction is complete in no time.
4. Aware of the risks that may be involved with the property and the mortgage fraud. They may have some robust systems to counter common issues and threats.
5. I can refer you to other professional and key stakeholders within the locality and those who could impact the eventual outcome. For instance, you may need the right surveyors, tax specialists, accountants, wills, trusts and probate lawyers with family law expertise. 

Is there a difference between a conveyancing solicitor and a conveyancer?

In this article, we have used the terms conveyancing solicitor and conveyancer interchangeably. But is there any difference? Generally, the conveyancer and a conveyancing solicitor can complete the conveyancing process for you under the law. So, yes, a conveyancer is strictly for closing your home deal and helping you get the keys to your property. On the other hand, not all solicitors are trained in conveyancing. 

Therefore, if you want to hire a solicitor, you should hire a conveyancing or property solicitor, not just any. At the same time, look out for only licensed conveyancers with the proper qualification to operate in the locality. In addition, he should also have the right experience to deliver the expected quality of service.