Conveyancing Law & Lawyers

What is Conveyancing?

The term 'Conveyancing' refers to all the legal and administrative work associated with transferring the ownership of land or buildings from one owner to another. The conveyancing process starts after an offer has been made and accepted to buy a property and solicitors' details exchanged by the two parties.

Conveyancing services include:

• Sale
• Purchase
• Sale+Purchase
• Remortgage

If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.

Who Does The Conveyancing?

Most people hire a solicitor or licensed conveyancer to undertake the legal side of buying their home. It is possible to do the conveyancing yourself, but it is time-consuming and also risky if you lack the necessary expertise. Although professional services are expensive, they have become cheaper in recent years and it is well worth the cost to successfully complete the purchase and to resolve any possible problems. This part of the process is crucial.

Conveyancing

If you want to buy or sell a home, land or investment property you’ll have to sign a contract. The legal work involved in preparing the sales contract, mortgage and other related documents, is called conveyancing. It’s possible to do your own conveyancing, however, most people get a licensed conveyancer or solicitor to do the work for them. This fact sheet explains what is involved with conveyancing.

Who can do conveyancing work?

Three options for doing your conveyancing are:

• using a licensed conveyancer
• using a solicitor
• doing it yourself (not recommended).

Before you start organising your conveyancing, it’s important to do your homework first.

We strongly recommend using the services of an experienced conveyancing solicitor. A conveyancing solicitor is able to take care of any legal issues that arise during the conveyancing process. So you can be assured that your purchase or sale and any other conveyancing that that you have, is in very good hands with a conveyancing solicitor.

Using a conveyancer

In NSW, conveyancers must be licensed with NSW Fair Trading. Most conveyancers hold an unrestricted licence that allows them to perform the full scope of conveyancing work for residential, commercial and rural property. Conveyancers are licensed to do legal work such as preparing documents, giving legal advice on contracts and explaining the implications.

Licensed conveyancers must have professional indemnity insurance to protect you in case they make a mistake or are negligent in their work. If they are dishonest with the money you have entrusted to them, you may have access to the Compensation Fund administered by Fair Trading.

Using a solicitor

While conveyancers and solicitors are equally qualified to do conveyancing work, solicitors can also give you legal advice about other matters.

Solicitors, like licensed conveyancers, must also have professional indemnity insurance for your protection.

If you would like a solicitor to handle your conveyancing, please complete your free legal enquiry form on the right, click here.

Doing your own conveyancing

Doing your own conveyancing can be risky because you can’t get the same insurance available to a licensed conveyancer or solicitor. This means that if you make a mistake you are responsible and there’s nowhere you can go for financial compensation. For example, your solicitor or conveyancer may fail to make sure the vendor has disclosed everything they are legally required to, such as an order to demolish the place. If you suffer loss as a result of this negligence you may be able to take action against them – that’s the difference!

CAUTION –  If you do your own conveyancing you are effectively taking on all the responsibility without insurance against making mistakes. So make sure you know what you are doing.

It is strongly recommended that you engage the services of an experienced conveyancing solicitor.

If you are looking at buying or selling the need legal help, then please complete your free legal enquiry form on the right, or click here.

The conveyancing process

The conveyancing process can involve the following steps:

• arranging building and pest inspections
• examining a strata inspection report if the property is part of a strata scheme
• arranging finance if necessary
• examining and exchanging the contract of sale
• paying the deposit
• arranging payment of stamp duties
• preparing and examining the mortgage agreement
• checking if there are outstanding arrears or land tax obligations
• finding out if any government authority has a vested interest in the land or if any planned development could effect the property (eg. local council, Sydney Water, Roads and Traffic Authority)
• finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work
• calculating adjustments for council and water rates for the property settlement
• overseeing the change of title with the Land and Property Information NSW
• completing any final checks prior to settlement
• attending settlement.

If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.

Costs involved in Conveyancing

Fees will vary between solicitors and conveyancers as there is no official charge for conveyancing. In addition to a legal service fee you will usually be charged for ‘disbursements’.

These can include:

• a title search
• certificate fees charged by authorities with responsibility for water, electricity, roads, schools etc.
• photocopying
• registering the mortgage.

Costs other than legal fees and disbursements will usually include:

• building and pest inspections
• survey report
• establishment of mortgage
• home building insurance
• valuation fees
• mortgage insurance
• stamp duty and mortgage duty
• council and water rates.

Legal practitioners and conveyancers are required to disclose their costs to clients.

Some of the relevant legislation relating to conveyancing law is listed below:

• Australian Capital Territory - Conveyancing Act of 1919
• New South Wales - Conveyancing Act of 1919
• Northern Territory - Law of Property Act   
• Queensland - Property Law Act 1974
• South Australia - Land and Business (Sale and Conveyancing) Act 1994         
• Tasmania - Conveyancing and Law of Property Act 1884
• Victoria - Property Law Act 1958
• Western Australia - Settlement Agents Act 1981

Commercial Conveyancing

Conveyancing solicitors offer a wide range of legal services. Our services include assistance in the sale and purchase of business premises, which would normally include shops, offices, hotels, licensed premises including public houses, restaurants, factories, warehouses etc.

Conveyancing solicitors are experienced in acting for landlords in preparing commercial leases for various types of properties. We also act for tenants of commercial properties and provide advice regarding the very complex procedures concerning renewal of the lease, rent reviews, and the very many obligations normally taken on by a tenant of business premises.

Conveyancing solicitors also have gained expertise in acting for builders and property developers in the purchase and sale of land and buildings for development / re-development / renovation.

Conveyancing solicitors can also act for either borrowers or commercial lenders with commercial loan and security work.

If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.

Further Resources - Conveyancing Law & Lawyers

Additional Information 1 - Conveyancing Law & Lawyers

Additional Information 2 - Conveyancing Law & Lawyers