Why Do I Need A Conveyancing Solicitor To Buy Or Sell A House?

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Do I Actually Need A Conveyancer For My Property Purchase Or Sale?

When you are buying or selling your property, legally, you don’t need a licensed conveyancer or solicitor to be engaged.

But, there are many and varied complexities to real estate and property law that can be quite daunting,  so it absolutely makes sense to get sound, independent legal advice when you buy or sell. Though most transactions run smoothly, the ones that don’t can have serious consequences for you – including the sale of your property being cancelled.

You may think it’s not worth the time or money to hire a conveyancing solicitor when you buy or sell your property. Yet those are the very reasons you should: a good conveyancing solicitor will ultimately save you on both.

So, when you’re buying or selling property, you may need to employ a conveyancing solicitor. A conveyancing solicitor or licensed conveyancer is a licensed professional who knows real estate law, who has all the appropriate professional indemnity insurance.

These licensed professionals will give you advice and information, prepare documentation and help you through the settlement process. A conveyancing lawyer may also be a solicitor, but it is not always required. However, a conveyancer must be licensed in the state or territory where you are buying or selling property.

When Should You Appoint A Conveyancing Solicitor?

If you’re thinking about when to engage a conveyancing solicitor, be aware that although you can hire a conveyancing solicitor at any time, most states recommend hiring a conveyancer before you begin the property purchase or selling process. A conveyancer can do searches for you that may reveal something about your property you weren’t aware of.

The buyer has a right to know about certain elements of your property such as easements and other such elements. If these aren’t revealed ahead of time, you could be legally liable for the oversight.

Select Legal is based in Victoria. So if you live in Victoria, you should appoint Select Legal as early as possible. If you do engage our conveyancing services before you put your house on the market, we will be able to help you throughout the selling process. Finding a conveyancing solicitor ahead of time will also give you more time to choose a conveyancer who is right for you. We hope that you select Select Legal to represent you.

How Conveyancing Assists Buyers

A conveyancer will help buyers by providing legal advice and guidance during the purchase of their property. Some of the ways they can assist are:

  • Making sure you prepare, clarify, and lodge legal documentation for contracts of sale and memorandums of transfers.
  • Check the details of the house and its ownership history – look at the legal documents relating to the land and the building, including any easement agreements, mortgages, deeds etc.
  • Deposit the money into a trust fund
  • Calculate the adjustments for rate changes and tax increases/decreases.
  • Settling the property means acting for you, advising when the property has been sold, contacting your lender when the loan has been paid off, and so on.
  • Represent your interest with a vendor or their agent
  • Providing a broader knowledge of the law
  • Keep providing ongoing support for any issues you may encounter

How Conveyancing Assists Sellers

A conveyancer will help the seller by providing legal advice and guidance. Some of the ways they can assist are:

  • Completing legal documents including putting together the Contract of Sale
  • Representing you in dealings with the buyer – for example, asking them to agree to an extension of their deadline, or asking them to clarify any titles they may be using.
  • Settling the property means acting for you, advising when the property has been sold, and contacting all relevant parties of same.
  • Providing a broader knowledge of the law

How Do I Find A Conveyancer?

Just as you would do when looking for real estate agents, you should talk to multiple people before you hire your solicitor or conveyancer.

Referrals are one of the ways you can find the right professional for you. Anyone themselves who has experienced the settlement process can assist. Ask your friends who recently purchased or sold their properties if they know someone who can help you with your transaction. Ask your mortgage broker if they have a relationship with a Conveyancing Solicitor, Ask your real Estate agent if they too have a relationship with a conveyancing solicitor.

You can also try looking at online services and online property forums. The most important thing is to look for someone who you trust and feel comfortable working with.

They will also prepare and certify all legal documents pertaining to the mortgage, will calculate the adjustment of taxes and council rates, organise a land survey of the property and will place the deposit money into a trust account until settlement.

Why Choose Select Legal

Regardless of whether you are planning to buy or sell a property, Select Legal is ready to assist with the conveyancing process.

The advantage of engaging Select Legal is that all your conveyancing needs are met, whether they be standard or extremely complex, where our solicitors can attend to additional legal work required which includes drafting special conditions, drafting agreements such as a licence agreement or lease, letters resolving disputes etc depending on the requirements of each matter.

Our knowledge of the process and attentive service (as shown in our Google Review history) is what sets us apart from others in this field. Depending on the needs you have, Select Legal is ideally qualified to handle your transaction and ensure your purchase or sale goes through all the required legal checkmarks.

We also have the expertise to perform electronic conveyancing using the Property Exchange Australia (PEXA) digital property network.

Contact Select Legal today for all your conveyancing needs or request a quote which will only a few minutes.

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Why Choose Us?

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Quality, Fixed-Fee Conveyancing from $990*

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Get A Free Quote

Fill out this form to get a fixed-fee quote within 24 hours.
Conveyancing fees from $990*

Fill out this form to get a fixed-fee quote within 24 hours. Conveyancing fees from $990*

***Prices Starting From $990 + GST + Disbursements***