Conveyancers are experts in real estate law. They help you navigate the settlement process and prepare the necessary documents. Your conveyancing lawyer may also be a solicitor, but this isn’t always necessary. However, you must ensure that you hire a licensed conveyancer in the state or territory where you sell the property.
What Is a Conveyancer?
A conveyancer is a legal adviser who specialises in all areas of property law. They help you with the legal and administrative details of buying or selling real estate. Many conveyancers also act as property lawyers.
Most properties are purchased through a solicitor, who may be known as a conveyancer in some states and territories and a licensed conveyancer. Conveyancing lawyers can help you through various stages of the property settlement. This includes, but is not limited to:
- Negotiating the price with the seller.
- Completing paperwork to transfer ownership.
- Obtaining finance.
What a Conveyancer Handles in a Sale Settlement
Conveyancers are experts in property law with experience in all areas of real estate. They can help you set up a trust account to save for a deposit, and they can negotiate the property’s price.
The property owner will help the purchaser obtain finance to meet the required deposit. The conveyancer will also prepare the boundaries for a new mortgage and the transfer of ownership. They will also review any documentation to ensure the details are correct. The final documentation is usually prepared a day or two before settlement.
In some states and territories, conveyancers are known as licensed conveyancers. This means that they have met the criteria set by the local government. However, in other areas, licensed conveyancers must hold a dual qualification in real estate and the law.
Whether using a licensed conveyancer, you will always need to deal with a legal practitioner to handle the negotiations.
When Should You Hire a Conveyancer?
Each state and territory has different requirements for buying and selling property, so you must check with your local government to determine if you need a licensed conveyancer or a solicitor.
Regardless of your jurisdiction, you must hire a conveyancer if you sell the property. They can help you with every stage of the settlement period. This includes, but is not limited to:
- Ongoing negotiations with the buyer
- Preparing the contract
- Preparing the deed of sale
- Preparing the finance documents
- Preparing the transfer of ownership.
Hiring a Conveyancer in Australia
Following a set of guidelines set by the Office of Fair Trading (OFT), the Real Estate and Business Agents Act of each state and territory governs the activities of property agents and real estate agents. Most Australian real estate agents and property agents have an Australian Business Number (ABN) and are members of a professional body, such as the Real Estate Institute of Australia (REIA).
Current regulations set out the need for a registered individual to hold at least one of the following, an estate agent’s licence, an auctioneer’s licence or an authorised representative’s licence to represent a real estate agent in legally binding contracts to sell or buy property. However, regulations vary in each jurisdiction.
Conclusion
In Australia, real estate agents and property agents hold several licences, including estate agents’ licence, auctioneers’ licence and authorised representative’s licence. The regulations vary between each jurisdiction and can be difficult to navigate.
Bickell and Mackenzie is a well-known family-owned law firm within the Redlands area. It specialises in conveyancing for buying and selling houses, commercial businesses and retirement homes, wills and estates administration and family law. If you need conveyancing lawyers in Redland Bay, phone our office at (07) 3206 8700.
