what is conveyancing?

A conveyancer looks after the paperwork and legal details involved in buying a house. Conveyancers transfer ownership of a legal title of land to a new owner (you). Before that transfer is made you want to be sure there’s no legal issues that will prevent you from doing what you want to do with the property by checking things like:

  • Basic details like dates, names and any unusual details or conditions placed on the property

  • Any bushfire zones, underground coal mines, soil types, flood zones

  • Easements — spaces on the property where organisations or individuals can repair their infrastructure or park their vehicles

  • Covenants — restrictions on things like what kind of fence you can have, or the colours you can paint with externally etc

  • Caveats — a legal warning on the property that there may be someone else with interest in the property due to, for example, the owner owing someone money.

 
 
A conveyancer will look into this stuff, and can assist you through the settlement process, help prepare and lodge documents and help represent you throughout the process. 

So if you’re planning to put in some offers on some properties to purchase you need to have a conveyancer up your sleeve ready to read any documents you send. When you’re at the stage when you’re ready to see a mortgage broker and get your pre-approval it doesn’t hurt to ask them if they have any conveyancers they’ve worked with or recommend — ask your friends who have bought places as well. Grab some quotes and choose who suits your needs.

 
 

The general process for using a conveyancer for an existing property without auction goes something like this:

  • Get your pre-approval from your mortgage broker

  • Find some properties you like and would like to put an offer in on

  • For properties you’re serious about ask for a contract (a section 32)

  • Send it to your conveyancer to have a look at

  • Put offers on the ones you like pending the building and pest inspections and any other conditions you might have

If you’re looking to buy a property at auction you need to be prepared and get your conveyancer onto the paperwork as soon as you can. You can’t leave it until auction day to get things checked, it’s too late. Try and get it sorted a few weeks in advance.

Interstate tip: If you’re looking to buy something interstate make sure you get a local conveyancer as the profession is state-based.

— John