Finding a good conveyancer in Australia

Whether you’re buying or selling a property, subdividing land, updating a property title, or registering an easement, finding a quality conveyancer to take charge of all the legal processes and documents involved, can ensure the process remains hassle-free.

What is a conveyancer?

A conveyancer is a licensed professional who provides advice and information with regards to the transfer of property ownership, as well as assisting buyers and sellers through the selling process. Conveyancers will organise all the appropriate documentation required for settlement, communicate with lenders and provide advice where possible.

It’s recommended you use a conveyancer when:

• Buying or selling land.
• Subdividing land.
• Updating a title.
• Registering, altering or removing an easement.

For the buyer of the property, a conveyancer will prepare necessary legal documents such as a contract of sale, or memorandum of transfer. They will conduct property searches, identify easements, outline the type of title, compute adjustment of the rates and taxes and act on your behalf to settle the property.

For the seller of the property, the conveyancer will ensure that all necessary legal documents are organised and completed. They will also be the one to represent you and respond to the queries of the buyer.

It’s important to note, a conveyancer is legally required to have professional indemnity insurance. This covers the conveyancer for any accidental potential mistakes or omissions that could result in the customer taking legal action against them.

How conveyancing assists home owners

Typically, conveyancing will involve three stages:

1. Before contract.
2. Before completion.
3. After completion.

Once a conveyancer is hired, they will be able to help you with:

• Arranging building and pest inspections.
• Checking the property for any issues that might infringe on council regulations.
• Preparing and examining the contract of sale.
• Paying a deposit, stamp duty and other property ownership transfer costs.
• Organising a land survey to ensure the boundaries of the property are accurately represented.

Conveyancing works differently in each state and territory in Australia due to different laws and practices. In Queensland and the Australian Capital Territory, conveyancers are usually also solicitors.

For buyers

For new home owners, a conveyancer will:

• Prepare and lodge legal documents.
• Research the property and its certificate of title.
• Place your deposit into a trust account.
• Calculate the adjustment of rates and taxes.
• Settle the property on your behalf.

For sellers

For sellers, a conveyancer will:

• Complete legal documents including the contract of sale.
• Represent you in meetings or other dealings with the prospective buyer.

Questions to ask your conveyancer

Here’s a checklist to help you determine whether a conveyancer is right for you:

1. Is the conveyancer a member of the Australian Institute of Conveyancers?
2. What type of real estate do they specialise in?
3. What services are covered by the fees and charges?
4. How long do they think the settlement will take?
5. How will the communication be, and how often?

Referrals from your friends and family may help you to find a good conveyancer. You can also visit the Australian Institute of Conveyancers website to check registered and licensed conveyancers within your state or territory. 

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