For those new to the property market this is a question asked all too often; What is a Conveyancer and what do they do?

If you were to Google, “What is a Conveyancer” you will get an answer similar to “the practice of conveyancing in the transfer of a property Title”. Unfortunately, to the average Joe, this does little to inform what conveyancing involves and who needs it.

If you are looking to buy or sell any real estate (residential, commercial or farming), the short answer is, you need a Conveyancer. To transfer property from one person or entity to another, including the change of shares in a property, transferring from a company to a superfund, or even removing an ex-spouse* or deceased person from title** – these all require you to engage a Conveyancer or a Property Lawyer who does conveyancing.  

To clarify even further, let’s say you have decided to sell your first home to buy a bigger home for your family. The first thing you do is touch base with a Real Estate Agent, who will then advise you to engage a Conveyancer so you can have a Section 32 (Vendor Statement) completed.  What in the heck is a Section 32 Vendor Statement, you say? Stay tuned for a further blog post on that topic.

In the meantime, don’t let the word ‘Conveyancer’ narrow your search; many law firms such as ours have extensive property teams that include both Conveyancers as well as experienced Property Lawyers who all work together to ensure your matter runs smoothly.  Engaging a Conveyancer within a reputable law firm means that they bring an additional level of expertise to the transaction.

Conveyancers are Contract experts! We know where to look, what to look for, and when something is not quite right we can advise you on your options to amend, rescind or proceed as well as liaise with the Agent and the Purchaser to ensure the process is not only smooth and stress free but also meets your intentions and desires.

We will be involved right from preparing the Section 32 Vendor Statement at the start of the matter through to the actual settlement (transfer) itself.

Outside the obvious points in assisting with the purchase and sale of residential and commercial land, we can also assist with:

  • general property Contract advice;
  • queries in relation to Stamp Duty and its implications;
  • changing the number of shares a person holds on a Title (often referred to as a change in the Manner of Holding);
  • Adding a spouse/de facto/partner to a Title and the implications of doing so;
  • providing pre-sale and preparation advice;
  • advising on the implications when buying from your parents/other family members;
  • options subdividing your land; and

so much more!

If you think we have highlighted some interesting points and would like to reach out to a Conveyancer, visit our website and submit an enquiry. Or you can email us directly at reception@wvblawyers.com.au.

*NB: Removing an ex-spouse/de-facto from a Title requires additional advice and instruction from Family Lawyers. You may reach out to one of our conveyancers as a starting point and we will point you in the right direction.

**NB: Removing a deceased person from title may require further work and may be required to proceed through our experienced Probate Team. Enquire today to find out more.

Authors:
Brittany Beca – Conveyancer
Tessa Hoogerbrugge – Partner