Conveyancing Resource Centre
Can I do my own conveyancing?
Conveyancing is the legal process of changing the ownership of a property by way of a transfer between one party to another.
If you are thinking to yourself “hey, this seems like a pretty easy process, why can’t I do this myself?” then stop right there!
This is an incredibly complicated process, and there are various checks and searches that need to be conducted on the property that could have a bearing on your responsibilities as the new owner or put you at considerable expense later on (including in some cases rectification orders from local government bodies).
There are many administrative, financial, and legal duties that you will require your conveyancer to take charge of to ensure you have no nasty surprises throughout your matter. If you miss the smallest piece of information, then it could have a large impact on your conveyance and could result in limitations on the property or hidden issues with the land or even tens of thousands of dollars to repair, rectify or pull-down structures.
Despite this, it is legal and possible to do your own conveyancing, and, depending on which State or Territory you are in, there may even be ‘do it yourself’ or DIY conveyancing kits, which give you the know-how on how to conduct the conveyance.
Because laws do vary from jurisdiction, you must ensure you obtain the correct DIY kit. Further, you need to be able to understand the complexities of the laws (including case law) and regulations that can affect your transaction.
Anyone who is comfortable navigating the world of legal documents and legal terminology, have sufficient time, and are on a tight budget, could theoretically complete their own transaction. It is not fraught without danger, however, and the risks are great and increased.
If you have never been involved with the conveyancing process before, understanding all of the details can be time-consuming and often leads to misjudgement or error. It is a formidable task for a beginner which requires plenty of time and patience to complete accurately and properly, and this is notwithstanding the need to ensure taxes and duties are paid, and government agencies are properly notified.
Because purchasing property is one of the largest purchases that any individual will make, it is prudent to consider very seriously the need to engage a solicitor who can protect you and give you the right advice, whilst ensuring everything remains compliant.
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