What you need to know about Conveyancing in Australia

Buying or selling your property is an exciting event in one’s life that you don’t need to despise. However, this process requires a professional property lawyer who clearly understands what is needed and is qualified to operate. We have compiled some essential tips and advice to help you navigate the conveyancing process. Moreover, getting hands-on knowledge ensures you can communicate with your conveyancer better. It also explains what you need to do when buying or selling a property in Australia. 

No doubt, conveyancing can be tasking and complicated if you don’t understand what each aspect is and how they run. Moreover, if it was too easy, there probably won’t be a professional field of conveyancing in the first place. Neither will you need to hire a conveyancer. Therefore, we are here to spare you any frustration that may be involved in the conveyancing process. As a result, you can get an excellent and cost-effective experience altogether. 

Fundamental things to learn about the conveyancing process

Conveyancing is a legal process of transferring property ownership from one party to another. It also refers to the entire process of all the legal work involved with completing a home sale. The process also validates the new owner. This process requires a professional solicitor and conveyancer with a license of operation. 

This article will explain the processes by addressing basic questions that can get you started with conveyancing. Some of the strategies we may address include the conveyancing cost and the time it takes to complete the process. Another advantage is the avoidance of a broken breakdown. At the end of this article, you should be able to know the following:

  1. How to validate that the conveyancing expert is reputable to deliver quality service
  2. What you may expect in terms of paying for conveyancing
  3. How to set a time to pick up the keys to your new house
  4. The possibility of using a do-it-yourself (DIY) approach to the conveyancing process to reduce the cost

What is Conveyancing?

Conveyancing is transferring property ownership from one party to another under the law. The term covers the entire legal and administrative procedure to accomplish the task. This process is handled by a professional property, conveyancing solicitors or a licensed conveyancer. The professional gets complete instruction from the buyer about the kind of property in search and makes an offer. 

The seller receives the suitable offer, and the conveyancer resumes all the necessary checks on the property. If the request is successful, the conveyancing solicitor works for the buyer or seller, depending on who requires his service. However, both sides aim to ensure that all paperwork is complete and all details are sufficiently covered. Meanwhile, suppose the property is being listed for a remortgaging process. In that case, there is a need to find the right provider to complete the relevant conveyancing process. 

Who executes the process of conveyancing?

The role of conveyancing is the job of a professional solicitor who may work for the buyer or the seller. The solicitor can also be referred to as a licensed conveyancer. Meanwhile, the first requirement is to have a licensed professional with the qualification and approval to operate in Australia. That means the conveyancer must register with the correct association in Australia for regulation and licensing. On the other hand, a qualified solicitor may also have the specialty of handling property conveyancing only. 

Under exceptional cases, homeowners can also execute the conveyancing process alone, but it can get complicated along the way. When the going gets tough, you will need the experience of a specialist to navigate the process to solve them. Moreover, the homeowner may not have the luxury of time it takes to complete the process. Also, mortgage lenders insist on having professional hands-on conveyancing services to secure their investments.

Who needs conveyancing services?

Anyone who plans to sell-buy a house or even remortgage a property needs the service of a conveyancing expert. The expert may be a licensed conveyancer or a conveyancing solicitor. 

What does conveyancing cost?

The conveyancing fees may vary depending on several factors. A few such factors may include the service charge of the conveyancer or the mode of conveyancing. For instance, are you hiring a professional conveyancing solicitor or have you decided to use online conveyancing or DIY? Another critical factor is the cost of the property and what the process is about. For instance, is the conveyancing for buying, selling or remortgaging? 

On average, the conveyancing service costs between $800 and $1400. Note that the total fees may vary from province to province. But we will use NSW as a case study for the sake of this article. Note also that the payments in conveyancing are called disbursements and stay on top of your conveyancer’s regular fees. Below are some common types of disbursements and the prices you pay, using NSW as an example

  • Local council building certificate ($250)
  • Local council 10.7 certificates ($53 to $133)
  • Local council rates enquiry ($65)
  • Land tax clearance certificate ($27.50)

What are the components of a Conveyancing quote?

There are two categories of costs you find on a conveyancing quote that you get from the conveyancer. These are the basic and the disbursements.

  1. Basic fee

The basic fee is the amount you pay for the conveyancer’s time and expertise, which may be fixed or variable. In some cases, the solicitor may charge you by the hour. This case happens if they foresee the possibility of spending some time completing the task. However, the clients may refuse this option because it may quickly shoot up the amount. Often time, it may be due if there is a delay or irregularity with the process. The best option in this regard is based on the property’s price. 

  1. Disbursements

The disbursements on the conveyancing quote are the costs incurred while the solicitor is carrying out the service. It should be similar to what you have on any selection under similar conditions and could be fixed. Buyers’ disbursement may include the following fees:

  • Bankruptcy search 
  • Local authority searches 
  • Land registry office copies 
  • Electronic ID Verification
  • Environmental search
  • Water and drainage search
  • Chancel repair liability search
  • Telegraphic transfer fee 
  • Mortgage handling fee
  • HMLR final search
  • Land registration fee 
  • Stamp duty

The property seller may pay for the following as part of the conveyancing quotes:

  • For Selling a Property
  • Land registry office copies
  • Telegraphic transfer fee
  • Mortgage redemption fee