You’ve decided to sell or buy a home. To accomplish this successfully, you need someone to represent you in submitting the essential documents to settle the property. You may also need someone to analyse the sales contract if you’re buying.
You can do many things yourself, like a title search, but how do you know what you need or where to acquire it? This is where you will need a competent property conveyancer.
A property conveyancer is essentially a real estate or property lawyer. It is vital to engage with a trusted lawyer with conveyancing experience. Conveyancing is not a simple process, and the legal tasks they undertake can be complicated and stressful. Nevertheless, their presence in any real estate deal is a welcome one for all parties concerned.
The Difference between a Lawyer and Non-lawyer Conveyancer
A wide range of conveyancing services is required to ensure that you are adequately protected and that the relevant legal paperwork is prepared for settlement. This is when the lawyer versus conveyancer distinction comes into play.
Conveyancers are either lawyers or those qualified to perform conveyancing. If you choose a non-lawyer conveyancer, they must be fully licensed, or they cannot officially represent you. That is why you should always ask a conveyancer to prove their legal authorisation before proceeding.
Also, keep in mind that non-lawyer conveyancers are limited because certain services can only be provided by a lawyer. For example, a lawyer can analyse a Contract of Sale and a Vendor’s Statement and advise you on the acceptable and unacceptable terms or risks associated with purchasing the property.
If you need a Power of Attorney to sign the Contract, a lawyer must certify it and deliver a copy at settlement. You must have an attorney create your Sales Contract and Vendor’s Statement. A non-lawyer conveyancer cannot legally provide these services and must seek legal counsel. As a result, you can be charged more.
A conveyancer who is not a lawyer may also act outside the bounds of the law. The insurance they have can be null and worthless if they work outside their defined scope, and a layperson cannot tell. Even so, it may be too late. In the case of a snag in the settlement process, your lawyer’s professional indemnity insurance will compensate you fully.
The Benefit of Working with a Good Conveyancing Lawyer
The conveyancing procedure consists of numerous vital steps, which are as follows:
- To make informed judgments, the conveyancing lawyer will write and evaluate all required paperwork with the buyer.
- The conveyancing lawyer will also do research and inspect the to identify any issues. Concerns about property boundaries, land pollution, government leases, environmental issues, land tax, pest issues, unpaid levies, body corporate, litigation, and other considerations may prevent a successful property settlement.
- The deposit is vital with any large sum transaction. For this reason, the conveyancing lawyer will put it in a trust account until settlement. They will also compute rates and taxes regarding the purchase, so you know the future expenses you’ll have to keep track of.
- They will settle the property, which means they will deal with the existing owner’s lawyer, bank, and local government agencies to transfer the title. The current lawyers release mortgage security from lenders and remove caveats, liens, and other barriers to ensure the property title is successfully transferred to the new owner.
A reliable conveyancing lawyer will guide you throughout the process, every step of the way. To protect you from unreasonable offers and purchases, your conveyancing lawyer ensures that all paperwork is in place and that the transaction is completed the first time correctly.
Conveyancing is a delicate, technical procedure. That’s why you need a masterful property conveyancer who can represent you in one of your most significant investments.
You can do it alone, but not having the experience to transfer property correctly can cost you time, peace of mind, and money.
It would be best to hire a conveyancing lawyer with a reputable background who can handle the mountains of legal paperwork and requirements and protect the settlement process for your benefit.
If you need Australian property lawyers in Ipswich and Springfield, we at Springfield Legal Service offer personalised legal assistance for individuals, small enterprises, and large corporations that have made our firm successful since 1999. Our organisation evolves along with our clients’ needs and new market prospects, so you can be sure you’ll get the latest in legal services, technology, and innovation. Talk to us today!