Introduction to Conveyancing Solicitors
In Australia, the process of legally transferring property from one person to another is referred to as “conveyancing”. Essentially, then, it refers to the transaction of buying or selling property – and all of the steps that go into it. For instance, a couple who are looking to purchase a home will have to go through the conveyancing process before they can move a single item into one. Someone who wishes to sell the home that they currently live in will, similarly, need to initiate the conveyancing process – and successfully complete it – before their property is legally considered “sold”.
What Is Involved In Conveyancing?
While conveyancing is – basically – the legal transfer of property, a lot more goes into the process than that. Although dozens of different things go into the process as a whole, it can be broken down into three primary stages which can help give you a broad outline of how it generally works. Stage one is usually when draft contracts are received and discussed. General enquiries regarding the contract and the property are received, and the formal offer of mortgage is received.
Stage two of the conveyancing process revolves around the exchange of the contracts. The contract will be signed, and a deposit is handed over to secure the transaction. The mortgage deed is received and signed by the purchasing party; final appraisals and/or searches are conducted on the property in order to ensure that everything is as promised and that no unpleasant surprises will await either party.
In the third and final conveyancing stage, the purchaser actually receives the keys to their new home. The necessary Stamp Duty is paid. Since this is the final stage in the conveyancing process, the complete transfer is arranged and completed with the relevant Lands Department. Once that is all done, the conveyancing process is generally considered to be complete.
Simplifying The Process: Conveyancing Solicitors
Despite the very broad overview outlined above, anyone can see that the conveyancing process involves a lot of legalities and the filing of many important papers. All of that is in addition to the complicated processes behind those three basic stages. The reality is, few people have the time – or, indeed, the knowledge – to undertake this process alone. This is where conveyancing solicitors step in.
So, what do conveyancing solicitors actually do? Put simply, conveyancing lawyers – as they are also sometimes referred – undertake all of the complicated paperwork, filings, and other miscellaneous legalities so critical to the process on your behalf. This allows someone who is buying or selling a home to focus on readying the actual property, and leaves the more involved work to the solicitor.
Conveyancing solicitors assist you in obtaining the deeds for the property. They draw up and send out the initial draft contract to the relevant parties. He or she will complete a Property Information Form on your behalf as well. They also take care of much of the financial minutiae, allowing you to concentrate on other matters. And this is just a brief outline of the conveyancing services provided by such a solicitor; there are certain conveyancing lawyers who specialise in specific areas, as well.
Choosing A Conveyancing Solicitor
Choosing a conveyancing solicitor is best done via referrals from trusted sources. If this is not possible, one should seek out someone with a proven track record and quite a bit of experience. On the low end of the scale, however, a conveyancing solicitor will cost approximately $AUS 800. More experienced lawyers will naturally come with heftier price tags. You definitely do get what you pay for, so choose wisely.
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