Buying a new property is complex. There is an endless amount of paperwork and legal hoops to jump through before the sale and settlement of a property. It’s a good thing your conveyancing solicitor can help out.

Don’t know what a conveyancing solicitor does? Read our guide to find out. 

The conveyancing is the legal transfer of the title of a property from one person to another. This can be undertaken by a licensed conveyancer, a property solicitor, or even yourself.

While it’s best to use the professional expertise of a solicitor or a conveyancer, there are some questions to ask before you make the call. 

Licensed conveyancer or property solicitor?

There is a difference between a licensed conveyancer and a property solicitor, or lawyer conveyancer.

Essentially a conveyancer will only have conveyancing qualifications and a licence to undertake conveyancing work. They are not qualified lawyers.

Property solicitors however will be qualified lawyers or solicitors, and can also offer legal advice.

While conveyancers can sometimes provide a cheaper service, they don’t have the knowledge or access to legal resources if things become complicated and will have to refer you to a lawyer for further advice.

Lawyers are best equipped to undertake conveyancing, and all other legal issues attached to the sale of a property.

Experience and qualifications

Once you have decided on a conveyancer or solicitor, it’s always good to ask them a few questions about themselves and their experience.

First of all, make sure they are licensed and a member of the Australian Institute of Conveyancing, and that they hold personal indemnity insurance.

Discuss with them exactly what your needs are and make sure they fully understand your case. This means giving them any information about the sale of the property and loans that may affect the exchange of the transaction, including specific time periods.

A good conveyancing solicitor will be able to speak to you about the contract in plain English that you can understand. But conveyancing does use a lot of jargon and confusing terms. So if you’re not sure of some of the terms, check our our handy guide. 

Cost and time period

Ask about costs up front – it will save a lot of time. Make sure you ask for a breakdown of all the costs involved from the conveyancer, including all fees and charges, their fees and what services you receive as part of that fee, plus government fees and charges and any other additional costs.

Ask the conveyancer about the timeframe; how long settlement will take, and if there is any flexibility.

What can go wrong?

It’s also a good idea to ask about what happens if things go wrong.

This could include the death of the other party; tenants refusing to leave the property; damage or fire on the property in negotiation; illegal structures not approved by the council; boundaries of common property or the measurements of the property being different to the title; or a lost title.

Ask what impact any of these possibilities will have on the conveyancing fees, and whether it will affect the settlement date at all.

To find a conveyancer in your local area, start your search here.