What is conveyancing?
Conveyancing is the process of transferring the ownership of property from one person to another.
Who can do conveyancing work?
Conveyancing work can be performed by professional licensed conveyancers, solicitors or even yourselves. If you decide to do your own conveyancing, you must take all the responsibilities for the sale in a legal manner and fully understand the sale process and relevant legislation. Though, do-it-yourself kits are available for your reference, they generally provide only guidance material. It may also be difficult for you to purchase the same level of insurance available to a licensed conveyancer or solicitor.
Who is a conveyancer?
A conveyancer is a licensed and qualified professional who can:
- provide information and advice about the sale or purchase of property
- prepare legal documentation for property transactions
- represent either the vendor or the buyer during the settlement process.
Conveyancers are not legal practitioners but conveyancing work can be undertaken by
solicitors, it is strongly recommended that you engage professionals due to the complex legal
nature of the work involved. if you are planning to:
- buy property
- sell property
- subdivide land
- register, change or remove an easement
- update details on a certificate of title – eg registering a death.
- What a conveyancer does
What to notice when we sell or subdivide our property ourselves?
While you are not legally obliged to engage the services of either a conveyancer or solicitor, if you intend to sell or subdivide a property yourself, you must:
- prepare all legal documentation
- make sure you fully understand all relevant legislation and regulations that apply
- be aware of the requirements of all other agencies that may need to be involved, for example your local council.
How to find a conveyancer?
To find the best conveyancer of you case, you can:
- ask friends or family for recommendations
- look for advertisements
- ask for a recommendation from your real estate agent
- check the list of conveyancers on the Australian Institute of Conveyancers South Australian Division website.
- You should organise a conveyancer as soon as possible rather than wait until legal documents are ready to be signed. Advice on selecting a conveyancer is available on the Australian Institute of Conveyancers South Australian Division website.
- be aware of your rights and responsibilities
- talk to at least three conveyancers to find one that is right for you
- check the public licensing register to ensure they are legally allowed to carry out
- Never sign a contract without carefully reading it first. Do not sign it if there is something that you don’t understand or are unsure of. Ask the conveyancer to clarify any areas or contact Consumer and Business Services for advice.