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Why do I need a Conveyancer and what do they do?

Posted By Jamie-lee  
05/01/2021
15:00 PM

What is a Conveyancer and what do they do?

 

A conveyancer is a licensed professional who specialises in providing advice and information about the sale and purchase of a property.  One of the most important and essential responsibilities of a conveyancer is the preparation of all the legal documentation required in your real estate transaction. Your conveyancer will manage the transfer documents to ensure the property is rightfully and legally transferred to or from your name.

 

It is also the conveyancer’s job to ensure that the documents comply with legal regulations. A conveyancer is responsible for making sure you meet all the legal obligations involved in your property transaction, along with protecting your rights throughout the process, the scope of work that a conveyancer covers will vary depending on the complexity of the property transaction.  Ensuring you select the right conveyancer to act on your behalf is important, as there are many issues that can go wrong when buying or selling a property that can cost you money and the right conveyancer will be able to minimise or fix any issues that may arise quickly and efficiently.

 

When purchasing a property, a conveyancer will carry out all the necessary searches and enquiries and will prepare all the required settlement documents to complete your matter successfully.  It is their job is to ensure that they do the appropriate due diligence to ensure the property is transferred to you as a purchaser with no debt attached.  They should ensure that they protect you by undertaking the relevant enquiries and ensuring the relevant adjustments are made on settlement.  If there is a debt on the property, the conveyancer will ensure this is one of the payments on settlement by the vendor.  Some examples of the searches a conveyancer carries out include: -

 

  • Title search to ensure the property is in the name of the seller and confirm whether any debts or liabilities are listed on the property.
  • Council rates, water rates and usage and land tax – all these searches must be carried out to ensure no property debt is transferred and the correct adjustments are made on settlement
  • Local authorities – to check the zoning of the property, to ensure council records are reviewed to ensure you are aware of any illegal building works, road realignment etc.
  • If the property is affected by Bush fire, flood etc and where it is mapped
  • Assist in ordering pest and building reports to ensure you are aware if the property is structurally sound and highlight any issues that may be wrong with the property before you commit to buying the property.  If there are issues the conveyancer will give you guidance as to what your rights are in respect of negotiations etc.
  • Strata report – if you are purchasing a unit to find out if the complex is running in deficit or able to sustain running, any issues with the complex or legal proceedings etc.

 

When purchasing a property, it is important to have a conveyancer review the Contract of Sale to look for any unusual clauses or red flags.  They will run through the terms and conditions and any important dates and settlement periods you will need to be aware of or ask for any additional special conditions to  be inserted to reflect the correct agreement between you and the seller.  Ensuring you have a conveyancer read and explain the terms and conditions of the contract for sale to you, before you commit to a purchase, protects you from potentially expensive risks.  They will advise if there are any easements affecting the property, any private covenants or building restrictions on further development to ensure you are aware of anything that may restrict further development on your land.   In this market, you may feel pressured to commit to something so you do not miss out, however, it is best to ensure you understand all your obligations before signing any contract for sale.

 

When selling a property, a conveyancer will prepare and complete the legal documents required, to start the marketing process.  Once a sale is negotiated the conveyancer will step back in to start the legal process of preparing the legal documents to transfer the property into the purchasers name.  They will negotiate with the purchasers representative, the discharging mortgagee to release any mortgages over title and liaise with all parties in respect of booking in settlement and any final inspection issues.

 

Throughout your conveyancing transaction, communication is the key.  A conveyancer will take care of the bulk of the communication for you.  By way of emailing, calling, sending letters to other parties involved in the transaction.  There are many aspects of your conveyancing transaction that is the conveyancers job to take care of the stress and ensure a smooth transaction for their client. 

 

It is important that when choosing a conveyancer you should ensure that they are experienced, have a broad knowledge or property law and a strong reputation. 

 

Why use Ezystep?

Our goal is to provide the highest professional service to all our clients, so that they feel confident in referring a family member, friend or work colleague.

So why choose Ezystep Conveyancing?

  • All our competitive fees are fixed so you know what the upfront costs – No hidden costs!
  • Our work is guaranteed
  • We are always accessible 24 /7, after hours and weekends
  • Justice of the Peace services are available
  • We are a member of the AIC NSW
  • Pexa Subscriber
  • Our key to success is communication. We contact our clients on a weekly basis by sms/ phone, email or our Perfect Portal app.
  • Highly experienced team
  • Assistance with negotiation and exchange promptly without delay
  • Liaise with business associates, brokers, real estate agents and conveyancer/solicitor to ensure all parties are on the same page and well informed.

 

At Ezystep Conveyancing  we offer a Fixed Fee – No “If’s or But’s” pricing structure for all conveyancing matters. With many years experience in the field we hold your hand through the whole process with designing contracts, to settlements on types of properties. Call us today to chat!

Central Coast: 4396 4985

Lake Macquarie: 4067 9871