Conveyancing Resource Centre
Who can undertake conveyancing and what is their role?
Depending upon which State or Territory of Australia you are in, a lawyer or licensed conveyancer can undertake conveyancing work on behalf of a client.
For example, in Queensland, it is illegal to have conveyancing companies owned by licensed conveyancers and there is a requirement that only legal practices can undertake this work. This is governed by the Legal Profession Act 2007, administered by the Queensland Law Society and Legal Services Commission. In saying this, paralegals or conveyancers can be employed in legal practices under strict supervision by an Australian Legal Practitioner.
In other States, such as New South Wales, conveyancing can be undertaken by either a licensed conveyancer with NSW Fair Trading or an Australian Legal Practitioner.
Conveyancing can involve many steps, for example:
Preparing the contract
Examining and providing advice on the contract
Reviewing building and pest reports
Providing critical date reminders
Examining a strata inspection report (if the property is in a strata scheme)
Communicating with the incoming or outgoing financier
Exchanging the contract of sale
Holding the deposit
Arranging payment of stamp duty
Examining the mortgage agreement
Undertaking searches at the request of the client
Checking if there are outstanding arrears or land tax obligations
Checking swimming pool compliance certificates
Finding out if any government authority has a vested interest in the land or if any planned development could affect the property
Finding out any information that may not have been previously disclosed such as a fence dispute or illegal building work
Calculating adjustments for council and water rates for the property settlement
Overseeing the change of title and preparing transfer paperwork
Completing any final checks prior to settlement
Calculating adjustments for outgoings at settlement
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