Conveyancing Law & Lawyers
Property transfers, settlements, and title searches.
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
News, updates and further information - Conveyancing Law & Lawyers:
Conveyancing in Australia is usually completed by a solicitor or a licensed conveyancer.
A common conveyance by a solicitor or licensed conveyancer usually takes 4–6 weeks. Most firms offer fixed price services which usually includes costs of searches, legal advice and other outlays. Be aware that fixed price services may not include all searches required to complete the conveyance of a property. It is always best to get a firm quote before you engage the services of a solicitor.
In most states and territories a typical conveyance includes, but is not limited to, the following:
• Title Searches
• checking for encumbrances and restrictions on the property
• ensuring any special conditions mentioned in the contract are met
• making sure rates, land tax and water consumption charges are paid by the appropriate party
• arranging for the payment of fees and charges
• preparation of legal documents.
• Searches tend to take up the bulk of the conveyance.
Due to the three level system of government in the country (federal, state and local), it must be made sure that all rights and title are properly awarded to the seller. Most information is retrieved from state or local (council) authorities.
If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.
A standard search package could include:
• Company search
• Contaminated Land search
• Council Property search
• Full Council Inspection of Records search
• Land Tax search
• Main Roads search
• Registered Plan Search or Building Units/Group Titles Plan Search
• Titles Search & check title search
• Requirements, searches and costs can vary from state to state, depending on local property legislation and safeguards.
Conveyancing
Buying, selling or remortgaging a property?
Whether you are buying your first home or moving to a different part of town or country solicitors can help.
A solicitor will deal with the whole process from the moment you put your offer in and help take the stress out of the move.
The solicitor will confirm current ownership of the property and find out if there any issues affecting the property. When the solicitor is happy that everything is in order, a contract will be drawn up for you to sign. The paperwork for completion to take place will be handled for you and your name will be registered as the new owner at the relevant Land Registry.
The solicitor will keep in contact with the seller’s agents to keep them up to date and our online tracking system can also be used to see how things are going. If you are buying and selling, the solicitor will also liaise with the buyer's solicitors and your agents to make sure everyone is working to the same timetable.
If you have a conveyancing matter and would like a solicitor to represent you, please complete your free legal enquiry form on the right, or click here.
Quick Guides - Selling
Whether you are selling up and moving on, or selling and buying a new property, it is important for everything to be dealt with properly.
The solicitor will find out where your deeds are, obtain them, and once the sale is agreed, send a draft contract and supporting papers to your buyer's solicitors. You will be asked to answer questions about your property and to provide a list of items to be included in the sale. The solicitor will be happy to help you with these and make sure you understand what is being asked for, so that you can answer to the best of your knowledge.
If you are selling and buying, the solicitor will ensure that both complete at the same time.
At completion, the solicitor will repay your mortgage in full and obtain a receipt. Your estate agents’ fees can also be paid for you from the proceeds of sale, if you wish.
If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.
Quick Guides - Mortgages
You may be taking a mortgage for the first time to buy your home, or re-mortgaging and borrowing extra money to pay for a holiday, car, or improvements to your property.
Conveyancing solicitors are aware that you will want to obtain the funds as quickly as possible and will deal with all the necessary paperwork to make this happen.
The solicitor will check the deeds and obtain searches to satisfy the lender that the property is good security. The solicitor may also advise you on the terms of the mortgage deed.
The main pieces of the struggling conveyancing related legislation include the following:
Australian Capital Territory
Residential Tenancies Act 1997 (ACT)
An Act relating to residential tenancies.
New South Wales
Conveyancing Act 1919 (NSW)
An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing; and for such purposes to amend certain Acts relating thereto.
Conveyancing and Law of Property Act 1898 (NSW)
An Act to consolidate the Statutes relating to Conveyances, Assignments, and Titles to Lands.
Real Property Act 1900 (NSW)
An Act to consolidate the Acts relating to the declaration of titles to land and the facilitation of its transfer.
Residential Tenancies Act 1987 (NSW)
An Act relating to the rights and obligations of landlords and tenants under residential tenancy agreements; to make provision with respect to excessive rent increases and rents; to confer functions on the Consumer, Trader and Tenancy Tribunal of New South Wales
Retail Leases Act 1994 (NSW)
An Act to make provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops.
Northern Territory
Law of Property Act (NT)
An Act to consolidate, amend and reform the law relating to conveyancing, property and contract, and for related purposes.
Real Property (Unit Titles) Act (NT)
An Act to provide for the registration of unit titles and for other matters.
Residential Tenancies Act (NT)
An Act to regulate the relationship of landlord and tenant under residential tenancy agreements and for related purposes.
Queensland
Land Act 1994 (Qld)
An Act to consolidate and amend the law relating to the administration and management of non-freehold land and deeds of grant in trust and the creation of freehold land.
Land Title Act 1994 (Qld)
An Act to consolidate and reform the law about the registration of freehold land and interests in freehold land.
Property Law Act 1974 (Qld)
An Act to consolidate, amend, and reform the law relating to conveyancing, property, and contract, to terminate the application of certain statutes, and to facilitate the resolution of financial matters at the end of a de facto relationship.
Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
An Act about residential tenancy agreements, rooming accommodation agreements, and related matters.
Retail Shop Leases Act 1994 (Qld)
The object of this Act is to promote efficiency and equity in the conduct of certain retail businesses in Queensland.
South Australia
Crown Land Management Act 2009 (SA)
An Act to make provision for the disposal, management and conservation of Crown land.
Land Acquisition Act 1969 (SA)
An Act about the acquisition of land.
Land and Business (Sale and Conveyancing) Act 1994 (SA)
An Act to regulate the sale of land and businesses and the preparation of conveyancing instruments
Real Property Act 1886 (SA)
An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881.
Residential Tenancies Act 1995 (SA)
An Act to regulate the relationship of landlord and tenant under residential tenancy agreements.
Retail and Commercial Leases Act 1995 (SA)
An Act regulating the leasing of certain retail shops.
Tasmania
Conveyancing and Law of Property Act 1884 (TAS)
An Act for simplifying and improving the practice of conveyancing; and for vesting in trustees, mortgagees, and others various powers commonly conferred by provisions inserted in settlements, mortgages, wills, and other instruments; and for amending in various particulars ...
Residential Tenancy Act 1997 (TAS)
An Act to regulate tenancies of residential premises.
Victoria
Land Act 1958 (VIC)
An Act relating to Crown Lands.
Property Law Act 1958 (VIC)
An Act relating to Property and Conveyancing.
Residential Tenancies Act 1997 (VIC)
An Act relating to the rights and duties of landlords and tenants of residential premises.
Retail Tenancies Reform Act 1998 (Vic)
The purpose of this Act is to reform the law relating to retail tenancies.
Western Australia
Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
An Act to regulate commercial tenancy agreements relating to certain shops, to provide for the determination of questions arising under such agreements, and for connected purposes.
Property Law Act 1969 (WA)
An Act to amend and consolidate the law relating to property and for incidental purposes.
Residential Tenancies Act 1987 (WA)
An Act to regulate the relationship of owners and tenants under residential tenancy agreements, to consequentially amend certain Acts, and for connected purposes.
Transfer of Land Act 1893 (WA)
An Act to consolidate the law relating to the simplification of the title to and the dealing with estates in land.
If you need legal advice regarding Conveyancing Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Conveyancing Law lawyer nearest you, who can help you with Conveyancing Law.
Our free legal enquiry service for Conveyancing Law extends to all suburbs throughout Australia.
If you would like legal help regarding a conveyancing matter, please complete your free legal enquiry form on the right, or click here.
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