When looking to buy, sell, build, renovate or transfer titles for property, it can be hard to know where to get advice. Conveyancers can assist you through this process, although solicitors are required for more complicated matters.
In this article, you will find the top frequently asked questions about conveyancing, including when you should use one, what they can help you with, what they can’t help you with and more.
Continue reading for answers to other frequently asked questions about conveyancing.
Photo by Mateus Campos Felipe on Unsplash.
Top Frequently Asked Questions About Conveyancing
What is conveyancing?
Conveyancing is the legal process of transferring ownership, or legal title, of property from one person to another. The process typically begins when a contract of sale is signed and concludes with settlement, which involves the handover of money for the title, with relative authorities notified.
Due to the complexity of the legal work involved with property transfers, it’s recommended to hire a professional to perform your conveyancing.
What is a conveyancer?
A conveyancer is a licensed professional who specialises in property law. This type of legal professional has passed the legal qualifications and training requirements, allowing them to give legal advice.
However, conveyancers aren’t always lawyers or solicitors, because they can complete a certified course rather than a law degree. After completing the certified course, they will undergo two years of supervised experience before they can start giving legal advice.
However, lawyers can be conveyancers too. Lawyers are able to practice conveyancing when they have a law degree, completed practical legal training and completed 18 to 24 months of supervised practice. This means lawyers have general knowledge of law and have more knowledge, while conveyancers have specific property-related knowledge and cannot provide advice for more complex issues.
When should a conveyancer be used?
Conveyancers are typically used when someone requires assistance with the straightforward transferring of property. By helping bring clarity to the process, conveyancers assist with getting the required documentation when selling, purchasing or transferring a property.
What can a conveyancer help me with?
A conveyancer can help with:
- Contract of sale.
- Enquiring about property zoning.
- Memorandum of transfer.
- Representing you with sellers and agents.
What qualifications does a conveyancer have?
A conveyancer must have completed a certified course (typically the Diploma of Conveyancing of Advanced Diploma of Conveyancing) in addition to two years of supervised experience to get their conveyancing licence. However, a conveyancer can also be a lawyer, who specialised in property law.
What is the difference between a solicitor and a conveyancer?
A solicitor and a conveyancer are two different legal practitioners. Josh Hay from Bale Bochev Lawyers said in a blog about Why Property Legal is Thriving During a Pandemic who you need depends on your circumstances.
“In New South Wales, the decision to use a solicitor or conveyancer will depend on your individual circumstances. A solicitor will often operate in many different legal areas of property law whereas, a conveyancer will be specifically qualified in areas of conveyancing but will be limited to other property matters. If the matter has complicated legal issues during the course of settlement a conveyancer won’t be qualified or may not be able to advise you on some matters of property law.”
Additionally, conveyancers only specialise in property law, while solicitors have broad knowledge of law, but may have taken specific property-related courses. This means solicitors can perform the same duties as conveyancers, but have additional knowledge of law, offering superior legal advice.
How long does conveyancing take?
The conveyancing process typically takes eight weeks, but depending on the scenario it could take as little as 4 weeks or longer than 12.
What questions should I ask a conveyancer?
Josh Hay, Lawyer at Bale Boshev Lawyers, recommends asking the following questions to a conveyancer to decide if it’s the right course of action for you:
- Are you a member of the Australian Institute of Conveyancers?
- Do I need a solicitor or a conveyancer in my situation?
- What types of property do you specialise in?
- How much will it cost?
- What are your fees and charges?
- What will I have to pay at settlement?
- What other costs are there?
- How will you communicate with me, and how often?
- How long will everything take on settlement day? (This is important if you are arranging movers and other parties).
Disclaimer: The information provided in this article is true at the time of publication and is for general informational purposes only. Localsearch nor the author are not liable for the misuse of information. Please consult a professional for relevant information to your circumstances.
If you need property-related legal advice, you can find conveyancers on Localsearch.com.au.
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