The process of transferring the ownership of a property is referred to as conveyancing. This is a legal transaction and can involve a mortgage or lien. This legal transaction will usually have multiple phases like an exchange of contact, essentially drafting and modifying the contract. The other step is completing the contract involving settlement, or passing the property’s legal title to; another person.
A conveyancer is a licensed professional who can provide essential advice on the sale or purchase of property and prepare the legal documentation necessary for the property’s transaction. They can be a legal practitioner or a property lawyer; however, a conveyancer does not have to be a legal practitioner. A conveyancer can help in several stages of the property transaction like pre-contract as well as post-completion. However, hiring a property lawyer or a commercial lease lawyermeans a broader range of legal assistance for the process of property to change hands.
Why you Need aByron Bay Conveyancer?
Property buyers or sellers have not legally required to take-up the legal services of a conveyancer in Australia however; it is usually recommended one does so. The main reason for doing so is that it can take one a great deal of money. Real estate ownership is not a simple topic and failure to adhere to the law, and essential dates can lead to a wide range of consequences. Hence it is usually advisable to seek legal assistance when it comes to matters of property.
Role of a Conveyancer
Each state in Australia has a different variant of the legislation that govern property transactions. A conveyancer plays a vital role in the settlement process of any type of property. The process where a property is changing hands might seem relatively straightforward; however; there is more to it than merely signing a few papers. A conveyancer can make the transition of property transaction simpler by providing essential legal help to transfer to a new owner.
The process of purchasing a property will usually involve three main stages like the selection of a property, negotiating the deal and verifying various conditions and the final step is to register your name for the property and transfer it.
The primary role of the conveyancer involves performing several tasks as explained here:
- Drafting legal documents like the main sales contract and memorandum of transfer.
- Researching essential information pertaining to a property.
- Perform the necessary preparation for settlement and represent you in the process.
- Liaising with the vendor or buyer to make the arrangements for the settlement of the property.
- Provide essential advice on the settlement process and deal with your financial institution when applicable.
- Prepare the legal documents needed for this purpose, and modify the contract if necessary.
- Although a conveyance has a high level of expertise in this field, there are several limitations on the type of service they can provide.
- If they are not also a solicitor, they cannot provide advice issues about property law.
- A conveyancer will usually charge a flat fee, on the other hand, a solicitor will charge by the hour.
How to Find a Byron Bay Conveyancer?
A right conveyancer is one who has the expertise to research titles and records in the right manner. Dealing in matters of property and contracts is a critical task. It is it necessary that one be meticulous to ensure the contract does not consist of any terms that may adversely affect the client. Some of the other skills that they should have are the ability to provide expert advice and proactively provide support at every step of the process. They need to be quick yet efficient, beside which their rates should be fixed, unlike a solicitor who can charge by the hour.