Helpful Guides

FAQ

Questions often asked prior to engaging a Conveyancer


Written by Ching Cao, September 2018
1. What is ‘conveyancing’ and what do conveyancers do?
In a nutshell, conveyancing is the process of transferring the ownership of a property from one party to another. The conveyancing process typically takes 30 to 40 days and begins after the contract of sale for the property is signed and finishes once the property is registered in the purchaser’s name.
Conveyancers are responsible for undertaking all the tasks of the conveyancing process to ensure that the property is ‘transferred’. In addition, they are also advocates for their client’s rights as under the law and the contract of sale. If the other party breaches the contract or breaks the law, a competent conveyancer will ensure that your rights are protected and your interests are maximised.
2. Do you need a conveyancer when you sell a property?
Yes. Conveyancers perform different tasks when acting for sellers than for purchasers.
3. What are the differences between a conveyancing lawyer and a conveyancer?
A conveyancer is a specialist who performs the tasks required to transfer a property.
In addition to performing the tasks completed by a conveyancer, a conveyancing lawyer is also able to provide legal advice to their clients in more complex transactions. If you have engaged a conveyancer and a legal problem arises, the conveyancer will send you off to see a lawyer.
4. If I am purchasing a property, should I ask the conveyancer to review the contract and form 1 before I sign?
The short answer is – Yes, absolutely!
A lot of people ask the conveyancer to review the contract and form 1 after the contract is signed, however if the cooling off period has finished, the contract is already binding.
This means that if there is an unfair or unfavourable clause in the contract, the other party has no obligation to change it. Issues in relation to the property may also be revealed upon review of the form 1, which if were made known to you prior to signing the contract would have prevented you from entering into the purchase.
Even if the contract is provided to the conveyancer during the cooling off period, often the conveyancer is either too busy to review the contract at such short notice or they are too pressed for time to undertake a thorough review.
Asking your conveyancer to review the contract before signing ensures that there is adequate time for the conveyancer to review and advise you of any issues to be aware of and negotiate with the seller for any changes to the clauses in the contract if required. This will also give you adequate time to consider whether you would like to purchase the property without the pressure of doing this within the confines of the 2 day cooling off period.
5. Can I use the same conveyancer as the other party (e.g. vendor or purchaser)?
Yes you can, however we recommend against it. Your conveyancer is your advocate and in the event a conflict arises with the other party, only by engaging your own conveyancer will ensure that your rights are fully protected.
If there is a question you would like answered, please contact Ching on 08 8278 4291.