Conveyancing – when buying a property

I was wondering whether anybody could outline what goes on on the legal side when buying a property. What is a conveyencer used for? What can the expected fees be? I read on a few sites that fees can vary…what would cause them to vary? At which point do you go to the conveyencer?

I’ve read about standard buys where fees are generally low. What does this include? And what would a complicated buy consist of?

Sorry for al the question but I really need a clearer picture of hoe this works.

Thank!
 
Conveyance means passing of title from one person to another. A conveyancer or solicitor is the person who usually facilitates this.

I would never use a conveyancer, only a solicitor as they are more thoroughly legally trained and can advise on other non-conveyance issues when they pop up.

Solicitors can do the following:
- advise on the contract. (there maybe conditions favourable to seller etc)
- check they seller is legally allowed to sell
- check for and advise on covenents, caveats, easements
- review leases in place
- advise on ownership structure
- advise on estate planning issues (what happens if you die)
- advise on mortgages
- conduct searches for building permits (make sure building is not illegal, inside regulations etc)
- advise on land tax issues and make sure none is owing
- advise on stamp duty issues
- advise on the transfer
- arrange settlement by booking in with bank and other party and
- attending settlement

etc
 
I would never use a conveyancer, only a solicitor as they are more thoroughly legally trained and can advise on other non-conveyance issues when they pop up.

Just to throw another spin on this - also be careful when using a solicitor over a licensed conveyancer. A solicitor may be trained too broadly and not have enough involvement with conveyancing - after working for both, I think it's who you choose and their experience with conveyancing - not the title of the person doing it. For example any solicitor can legally do a conveyance, even though they may not have touched one in their life.
 
Last edited:
Yes that is true too. I have dealt with solicitors who actually employ conveyancers and they don't do the work at all. Also had one guy who had no idea at all. Conveyancing is optional in the law degree and also an optional subject in the practical legal training.
 
Thanks for your comments. Just a few more questions I have…..

Do I understand correctly that a covenant is like a ‘contract’ on the land that imposes restrictions?
conveyancers generally quote you a price excluding disbursements? What are these?

Also, would you classify these as being expensive for NSW:

Purchase of a Torrens Title property with a traditional Bank Mortgage - $1490
Purchase of a Torrens Title property with a Non-Bank Mortgage - $1590

Thanks again!
 
Also, would you classify these as being expensive for NSW:

Purchase of a Torrens Title property with a traditional Bank Mortgage - $1490
Purchase of a Torrens Title property with a Non-Bank Mortgage - $1590

Thanks again!

Normally pay aboutt $1400 regardless of what property. Rather than worrying about the difference of a few hundred dollars, maybe the question should be - can someone recommend a good solicitor/conveyancer in x area.
 
thanks twobobsworth. I have 2 solicitors/conveyancers in mind already and wanted to see whether what they are quoting is fair I guess, but i wont refuse recommendations, so I'll ask the question then..... Can anybody recommend a good solliciter in the Campbelltown are??
 
Back
Top