Conveyancing is the process of transferring the legal ownership of real estate from one person to another. While the definition of conveyancing is simple enough, the fact that conveyancing is a legal procedure does introduce a number of complexities and this is why you need a solicitor to act for you.
We advise strongly against the purchasing of real estate without prior legal advice regarding the rights and obligations arising from the contract, as all real estate contracts are prepared in favour of the vendor, and may expose an uninformed purchase to serious risk.
The general conveyancing/Lease transactions are:
- Residential / Commercial property Sale and purchase
- Option purchase
- Off the plan purchase
- Easement
- Transfer / Re-finance
- Licence agreement
- Retail / Commercial / Industrial lease
Using a Lawyer
Using a lawyer remains the only safe conveyancing service as the lawyer is the only true conveyancing expert.
Our role as your lawyer in conveyancing matters extends beyond merely completing the conveyancing work component. We have a duty to actually advise our clients and to give them the full benefit of our knowledge, skill and expertise.
When we offer conveyancing services, these will invariably include the giving of legal advice regarding pre-contract rules and procedures, contractual obligations and the precise nature of the relationship between you and the other party.
We, as well as performing all aspects of a conveyancing transaction, are also able to advise on collateral matters. Other areas of law such as Family Law, Wills and Estate, Taxation, just to name a few, can all affect, or be affected by, a person’s ownership of real estate.
Definitions
- Folio Identifier:
A specific “number” to identify the property and is different to the home address. The house is called the deposited plan (DP) where the home unit is called the strata plan (SP). - Certificate of Title (CT):
A document showing any interest in the property. If you are the owner of the property, it will have your name on it. If you have mortgage, the mortgagee will be included. If you have bought the property with no finance or paid out the finance, you will be holding the CT. - Mortgage:
Basically a scheme or an agreement whereby one person borrows money from another, and promises to pay the money back in return for offering land as security for the loan. Mortgagee is the bank/person who has lent the money. - Vendor:
The person/company who owns and sells the property. - Purchaser:
The person/company who purchases the property. - Settlement:
When all necessary documents and the cheques exchange for transfer of ownership.