Frequently asked questions.

Understanding the role of conveyancers

From understanding the intricacies of property contracts to ensuring a smooth transfer of ownership, our FAQs will help you understand how conveyancers work with you to streamline your property transactions.

  • A conveyancer is a licensed professional who specialises in property law and facilitates the transfer of property ownership from one party to another. They handle legal documents, conduct property searches, handle contracts, and ensure the smooth transfer of property titles.

  • While both solicitors and conveyancers can handle property transactions, solicitors have a broader scope of legal expertise beyond conveyancing. Conveyancers specialise specifically in property law and conveyancing processes, making them the preferred and often more cost-effective option for property transactions.

  • The cost of conveyancing can vary depending on individual factors of each client but will typically include our professional fees, disbursement costs (such as government and land registry searches). While it can be tempting to engage with the cheaper options available, this will often come at the cost of ongoing communication, personalised support and smooth-sailing transactions. We will always offer transparent, competitive fees as well as exceptional customer service! Contact us for a quote.

  • The average time for property conveyancing can vary based on factors like the complexity of the transaction, the responsiveness of all parties involved, and any legal or financial issues that may arise. On average, it can take anywhere from four to twelve weeks to complete the conveyancing process.

  • The conveyancing process involves several key steps to facilitate the legal transfer of property ownership from the seller to the buyer. Here's an overview of what's typically involved:

    • Preparation of Contract of Sale: The seller's conveyancer prepares the contract of sale, which includes details about the property, sale price, settlement terms, and any special conditions.

    • Property Inspection and Due Diligence: The buyer conducts inspections of the property to assess its condition and identify any potential issues. They may also undertake due diligence checks, such as reviewing zoning regulations, planning permissions, and title deeds.

    • Negotiation and Exchange of Contracts: Once both parties have agreed to the terms of the sale, contracts are exchanged. This involves the buyer and seller signing identical copies of the contract, and the deposit is paid by the buyer.

    • Property Searches: The buyer’s conveyancer conducts various property searches to uncover any legal or financial issues that may affect the property. This may include searches with council to see if there are any outstanding orders or rates to pay.

    • Finalising Settlement Arrangements: Prior to the settlement date, the buyer's conveyancer liaises with the seller's representative and relevant parties to finalize settlement arrangements including transfer of funds, preparing settlement statements, and ensuring all legal requirements are met.

    • Settlement and Transfer of Ownership: On the settlement date, the settlement is conducted within an electronic platform called PEXA, where all the Transfer documents are created and funds transferred. Once settlement is completed, the buyer officially takes ownership of the property, and keys are handed over.

    • Post-Settlement Procedures: Following settlement, the required Transfer documents are registered with Land Titles, who will then notify the local council and water authority of the change of ownership.

  • Conveyancers must be licensed in the state where they operate. They undergo specialised training and education in property law and conveyancing processes to obtain their license.

  • Whilst it is possible in the early stages of buying or selling, for you to undertake your own conveyancing without the assistance of a professional in NSW, this approach carries risks, as property law can be complex, and mistakes can lead to legal disputes or financial losses. In addition, you will be required to instruct a Conveyancer or Solicitor to settle the matter as the settlement needs to take place via PEXA and only Conveyancers and Solicitors can operate within the PEXA system. For this reason, engaging a conveyancer from the beginning is recommended to ensure a smooth and legally sound property transaction.

  • It is advisable to engage a conveyancer as early as possible in the buying or selling process to ensure that all legal aspects of the transaction are handled properly. They can provide valuable guidance and assistance from the initial stages through to the completion of the transaction.

  • In Australia, conveyancers are licensed to practice within specific states or territories. Each state and territory has its own regulatory authority overseeing the licensing and regulation of conveyancers. It is essential to ensure that the conveyancer you choose is licensed to practice in the state where the property transaction is taking place.

Understanding Legal Jargon

  • This is a brief period (usually five business days) during which the buyer can change their mind and withdraw from the contract without a specific reason. It's important to note that cooling-off periods don't apply in all circumstances (such as buying at auction), and there will be penalties for withdrawing.

  • Settlement is the final stage of the property transaction where ownership is officially transferred from the seller to the buyer. It involves the payment of the purchase price and the exchange of legal documents to complete the sale. It can also be called ‘the completion date’.

  • A caveat is a legal notice that can be registered on the property's title to protect the interest of a third party (not the owner) who has a claim or interest in the property. It's important to check for any caveats on the property before completing the purchase.

  • A Statement of Adjustments outlines financial adjustments, such as property taxes, council rates, water rates, and other costs, to fairly distribute expenses between the buyer and seller based on ownership periods. This ensures both parties are compensated accurately for financial obligations during the property transfer.

  • Inclusions are items that are included in the sale of a property, such as built-in appliances or fixtures. Exclusions are items that are specifically excluded from the sale, often detailed in the contract, and are typically items the seller intends to keep, like personal belongings or certain fixtures.

  • Zoning involves categorising land for specific uses and regulations. It dictates land use, building size, density, and more, impacting property value and development plans. Buyers and sellers must consider zoning designations during property transactions, guided by conveyancing professionals to navigate these regulations.

Throughout the conveyancing process, you’ll hear a lot of legal jargon and contract terms that may have you scratching your head. But don’t worry, you’re not alone! We’ve explained some of the most common terminology you’ll encounter along the way.

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Using a professional conveyancer won’t just save you time –  it could save you considerable expense, especially in the long term. For a quote or obligation-free consultation, please get in touch.


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1/10 Rickard Rd,
North Narrabeen
NSW 2101

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