A licensed conveyancer is a legal practitioner who is specialised in helping clients to sell or purchase properties. The conveyancer deals with queries involving a property transaction, as well as all the paperwork and legal matters.
Licensed conveyancer’s process and agree leases, contracts, transfers and mortgages. They draw up all the documents that all the parties involved in the property transaction must sign. They also advise their clients on the legal and financial implications of the documents they sign.
Duties of a Licensed Conveyancer
A licensed conveyancer performs similar duties to that of a solicitor, who deals with transactions regarding property. In some parts of Australia, the two work hand in hand while in others, only a solicitor is required during a property transaction.
Some of the regular duties of a conveyancer include :
- Taking instructions to clients with regard to selling or purchasing of property.
- Drawing up and sending contracts and estimates of fees.
- Checking whether the property is registered at the Lands Registry and ensuring the title deed is legitimate.
- Following up all financial aspects of the sale or purchase transaction.
- Checking the sewerage and drainage system that services the property.
- Drafting and exchanging property documents and others with the client’s transacting party.
- Checking the zoning certificate of the property that specifies what the surrounding land may be used for. The certificate is issued by the local council.
- Checking the purchase or sale contracts and agreeing on the terms of the transactions with the other party’s lawyer.
- Checking the pest certificate to ensure that the property is free of pests such as termites and others.
- If the property is on leasehold, he obtains the landlord’s agreement on the sale and deals with apportionment of the service charges tied to the property.
- Checking and ascertaining that the property inspection report is correct.
In Tasmania, Queensland and ACT, solicitors carry out conveyancing on their own. However, in Victoria and other states, they are required to work with conveyancers.
Conveyance services do not come at a fixed fee. However, they usually range around AUD 500 to AUD 1700. Before you choose a conveyancer to work with, shop around for one with the best rates. Some professionals allow negotiations and if you work with a company, you are likely to get cheaper fees with no hidden charges.
Generally, licensed conveyancers are involved in carrying out research on properties that are to be purchased or sold, communicating with the parties involved in the transaction by phone, email or letter, drafting and completing the relevant forms that will be used in the transaction, and ensuring legal process is followed in the purchase or sale of the property. They put their client’s interest first and take precautions to protect them against money laundering and other potential frauds.
Today, more conveyance tasks have been taken online and most firms use a computerized system to make the process faster.