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Conveyancing Questions

Answered by our licensed professionals

Are you confused about conveyancing? Not sure how the process works or what you need to do? Read our frequently asked questions to learn more.

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Buying

What does a conveyancer do?

Licensed Conveyancers in NSW are professionally qualified to advise clients in the legal matters involved in the buying or selling of property or businesses within NSW.

The conveyancer will work with you from the beginning of the transaction and will explain the various processes and stages, including what is required of you by State and Federal law.

Most conveyancers will advise on the following:

Obtaining the information necessary to complete your transaction
Reviewing the contract for sale or purchase
Arranging building and pest inspections
Examining a strata inspection report (if the property is in a strata scheme)
Exchanging the contract of sale or purchase
Paying the deposit
Arranging payment of stamp duties
Preparing and examining the mortgage agreement
Checking for outstanding arrears or land tax obligations
Ascertaining whether any government authority (e.g. local council, Sydney Water, NSW
Roads and Maritime Services) has a vested interest in the land or if any planned
development could affect the property
Conducting searches to reveal information that may not have been previously disclosed
Calculating adjustments for council and water rates for the property settlement
Facilitating the change of title with Land and Property Information NSW
Completing any final checks prior to settlement
Attending settlement.

As the transaction progresses, the conveyancer will advise you on what options you have and inform you so you can make informed choices and proceed through to settlement as easily as possible.

Should I engage a conveyancer before making an offer?

You should speak to your conveyancer as early as possible, ideally before you look for a property or before you decide to put your property on the market.

Never sign anything before consulting your conveyancer. If you are asked to sign a contract, request a copy of the contract first. Your conveyancer can then review the contract with you before you sign.There is no such thing as a standard contract.

What's the difference between a lawyer and a conveyancer?

A Conveyancer is someone who is specifically qualified to work with the transfer of real estate. They give professional legal advice on title transfers and conduct official legal work to ensure the purchase/sale runs smoothly.

A Solicitor is known to be a more general legal practitioner who also have the specialist knowledge required to handle the transfer of property.

Conveyancers will have a stronger working knowledge of the rules and regulations in the State it is taking place in when it comes to Conveyancing because this is their specific area of expertise.

Do I still need a solicitor if I use a conveyancer?

Short answer, no. We can assist and look after you from start to finish without the need of a solicitor.

What is the process for buying a property?

At this stage you should be aware of your maximum spending price and should place an offer to purchase the property through the agent. Once your offer has been accepted you will need to contact your conveyancer to provide your instructions. You will also need to contact your bank or broker so that they may start working towards having an unconditional written home loan approval.

Consideration will need to be given as to whether you wish to obtain pest and building inspections as properties sold in NSW are sold on the basis of what is known as “buyer beware” and you purchase the property with any defects.

You may also wish to consider obtaining survey report to confirm the location of easements, fencing irregularities and encroachments. Please feel free to contact us to discuss the pre-purchase searches that are recommended.

If you are borrowing funds from a financial institution you will need to contact them to organise formal loan approval. Most loans are approved verbally subject to income verification and valuation of the property.

It is important to be aware that until contracts exchange the property will remain on the market for sale and you are at risk of losing the property to another purchaser or the vendor changing their mind.

After exchange we will guide you through the steps required to be taken by you (which should be minimal) including signing mortgage documents, organising insurance and conducting final inspection of the property.

Selling

What does a conveyancer do for sellers?

If you are selling a residential property you must have a contract prepared before your property is placed on the market for sale. The Contract must contain prescribed documents as provided by the Conveyancing Act.

If you are selling a commercial or rural property you do not need a contract to advertise a property for sale but will need a contract once a sale has been negotiated. If you would like a quick transaction then we would recommend preparing the contract once you decided to market the property.

If you are able to locate the contract from when you purchased the property this will save time and costs involved. It can take up to two weeks to receive some searches. If you are able to provide some of these documents from when you purchased the property, we are able to have a contract available on the same day.

Once the Contract for Sale has been prepared we shall submit the Contract to an agent of your choice or to you directly should you wish to privately market the property.

Can I do my own conveyancing when selling my property?

CAUTION: If you do your own conveyancing, you take on all the responsibility for the sale progressing in a legal manner. Make sure you fully understand the sale process and relevant legislation.

Do I need to attend settlement?

Settlement is the day that your purchase is finalised and the purchase funds are exchanged for the title to the property. If you are buying your home this is the day you will receive the keys.

Settlement occurs usually within 28 to 42 days after exchange. The contract will specify the time period for settlement.

You are not required to attend settlement, we will organise all of this on your behalf.

Transfers

Can I transfer a property to a family member or friend?

You sure can! When a family member transfers property to another family member you are required by the Office of Fair Trading to obtain a valuation from an independent valuer on the property for stamp duty purposes. The person obtaining the property is required by the Office of State Revenue to pay stamp duty on the current market value of the property or the purchase price whichever is the higher.

What is the process of transferring a property?

If you require a name to be removed from the title to your property for reasons other then marriage breakdown, stamp duty is payable.

The Office of Fair Trading requires a valuation on the property and stamp duty will be calculated on the share of the property value being transferred to you.

If you have a mortgage on the property, you will need to have your lender’s consent before you can have a name removed from the title and mortgage.

We will prepare the necessary property transfer documents required. We will organise for the documents to be executed by all parties to the agreement.

One Step Conveyancing will also correspond with your financial institution to organise the Certificate of Title so the property may be legally transferred.

For costs involved in transfer of property please contact our office and we can discuss these with you.

Do I need a conveyancer for a private property transfer?

Yes, to ensure all legislation obligations have been met, we recommend you contacting a solicitor to assist with any type of property Transfer.

Quotes From Our Respectful Clients

“I’ve gone through the home buying process 3 times, and for my first time I used a different conveyancing team. They were fine, BUT THEN for my second time I went through One Step Conveyancing, and now I won’t go anywhere else.”

Tamzin Rebel

"Sarah, Quinn and Magenta are Amazing!! I am so grateful for all the effort they have put towards all of our purchases, the last process took 2.5 years and they were amazingly supportive, helpful and kind the whole process. I couldn't recommend them highly enough and am just so happy we have their professionalism on our side."

Amy and Marcel Johnson

"These guys were professional from start to finish. They made everything so easy and simple to understand. Couldn’t recommend them enough"

Brett Lacey

"The team at One Step Conveyancing have been a pleasure to deal with. Their communication is always prompt and nothing I have requested of the team has been an issue, which has made the purchase of a home, a very stress free experience. Thank you!!!"

Brendan Graetz

"A very professional business , for all your conveyancing requirements , I definitely recommend Sarah and the team and one step conveyancing."

Craig Webber

Conveyancing with confidenceSpecialist attention,

personal service

Fixed fee, no surprises
We provide a competitive, fixed fee so you know exactly how much your conveyancing will cost, up front.
Professional service for your peace of mind
We are fully licensed to provide all the services required to transfer title in property — without the hefty legal fees.
Courteous and customer-focused
Our customers are out most important asset; we strive to ensure you’re kept up-to-date and in-touch.
Call (02) 6654 1771 or request more information or a call back

More Information

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