An important question when it comes to purchasing or selling a house is: do I need a conveyancer? The simple answer is yes. Legally, you don’t require a conveyancer or solicitor to buy or sell a property in Melbourne. In fact, in most Australian states it is possible for individuals to manage their own property conveyancing. However, this is a high-risk, time-consuming decision and is inadvisable unless you have significant legal experience.
The various aspects of real estate and property law are complicated and can be daunting. The conveyancing process is impacted by different state and federal legislation, contract conditions, extensive case law, legal guidelines and more.
At Right Choice Conveyancing, we strongly advise anyone dealing with a property transaction to enlist the essential services of a professional conveyancer.
You may still be wondering, why do I need a conveyancer? Conveyancing is the complex legal process of transferring ownership of a title of land to a new owner (purchaser or buyer), whether it be from a person or entity. A licenced conveyancer is a person who administers the transaction and the preparation and compliance of any legal documents required for a successful settlement. The process involves several complicated financial, administrative and legal duties. An experienced conveyancer will help you navigate these complexities while providing sound knowledge and advice to ensure a smooth property transaction.
Conveyancing in Melbourne involves preparing or reviewing a sales contract, home loan and other related documents necessary when buying or selling a home, land or investment property. There is a significant amount of administration involved from the sale to settlement stage. Therefore, for peace of mind, it is recommended to seek the services of an experienced conveyancer to help navigate the intricate process of buying, selling, purchasing at auction or building a house.
Do I need a conveyancer to buy a house?
So, do I need a conveyancer to buy a house? While buying a house or land can be exciting, it’s a big financial decision and it is equally important to understand the transaction and transfer of ownership involved.
It is highly recommended to engage a qualified conveyancer whenever you are buying a property, buying an apartment or house off the plan, updating a title, subdividing land or seeking advice regarding land tax, titles and stamp duty in Melbourne and surrounds.
When buying a house, a conveyancer’s knowledge and experience can help you in both the short and long term. An experienced conveyancer will provide transparent support to:
- Prepare, review and lodge legal documents e.g. the contract of sale;
- Draft special conditions for inclusion in your contract;
- Research the property and its certificate of title – check for easements, issues and any other information that needs addressing;
- Liaise with your bank or financial institution, building and pest inspectors to ensure all contract conditions are met by the due dates;
- Put the deposit money in a trust account;
- Calculate the adjustment of rates and taxes;
- Settle the property – act on your behalf, advise when the property is settled and ensure that you obtain clear title of the property;
- Represent your interest with a vendor or their agent.
Do I need a conveyancer to sell my house?
Looking to sell your property? Selling a property is a legal process and managing the documentation and settlement of the property can be complicated. If you’re in need of a contract and assistance with the legal side of selling, an experienced conveyancer can support you in navigating the sale to settlement process with ease and efficiency. When selling a property, a conveyancer will provide the following support and benefits:
- Prepare the legal documents such as the contract of sale and ensure special conditions you require are included;
- Conduct all title and planning searches;
- Manage all administration during the settlement process to ensure the sale is legal;
- Organise a land survey to ensure the boundaries of the property are accurately represented;
- Check with the local council to ensure your property complies with building regulations;
- Negotiate the terms of the contract;
- Represent you in all dealings and act as the liaison between you and the purchaser (or their conveyancer).
Do I need a conveyancer before auction?
At Right Choice Conveyancing, we recommend consulting a conveyancer before attending a property auction. Prior to attending the auction, it is important to have a copy of the contract of sale.
A conveyancer can provide support by reviewing the contract and explaining any potential risks or pitfalls. They can also help negotiate any adjustments to the contract with the vendor’s lawyer before the day of the auction. These modifications might include a lengthier settlement date, a reduced deposit amount or any other special conditions.
If you are the successful purchaser at the auction, you will need to have your appointed conveyancer’s details available for completion of the memorandum of sale.
Whether you plan to buy or sell a house, a conveyancer’s role is to represent your interests throughout all the stages. If you’re still unsure if you need a conveyancer or when to engage a conveyancer, contact Right Choice Conveyancing today.