Conveyancing lawyers perform an important role in helping property buyers and sellers facilitate the transfer of the property title. This article will go over what a conveyancing lawyer is and take a look at the various ways they can assist you during a property transaction.
What is a Conveyancing Lawyer?
Conveyancing lawyers are a type of lawyer that deal with the legal aspects of property transactions, including sales, purchases, leases, mortgages and transfers of property titles. Conveyancing lawyers help home buyers and sellers to ensure that the process of transferring ownership of property is done correctly. Beyond preparing the necessary paperwork, a conveyancing lawyer will also check for any potential problems with the property title and provide advice on the best way to proceed.
Generally, a conveyancing lawyer will need a law degree and to be admitted to practice as a solicitor in the state or territory in which they will be providing conveyancing services. Conveyancing lawyers who have a background in property law typically possess a slight advantage when it comes to getting hired.
How Do Conveyancing Lawyers Help?
Conveyancing lawyers can help both buyers and sellers of property in many ways. Some of these include:
Contract Negotiation
A conveyancing lawyer will negotiate the contract on your behalf from the buying or selling perspective. They will read the terms carefully and ensure that you aren’t signing something that could cause potential issues for you in the future. They will also advise you on any special conditions that may be included in the contract as well as the title itself. For instance, sometimes when a home is sold, the seller may be unaware that there are easements on the property title. An easement is a legal right to use someone else’s land for a specific purpose, and it may be included on some older property titles without the owner’s knowledge. That’s why it’s important to hire a conveyancing lawyer to facilitate the transfer of the title, as finding this information on your own can be difficult.
Organise Transfer of Ownership
Arguably the most important duty that conveyancing lawyers perform is the organising of the transfer of ownership from the seller to the buyer. This includes dealing with the mortgage lender and ensuring that the property is properly registered in the buyer’s name. A conveyancer is generally required in order for title transfers to be official, however, hiring a conveyancing lawyer means you will also have access to your lawyer’s knowledge of the law as well as conveyancing. This can be crucial if the seller of the property hasn’t been entirely honest about some of the details of the property during the process, especially the title.
Finalise Completion of Transfer
A conveyancing lawyer will generally deal with the completion of the sale, and make sure that the deposit money has been paid to the seller. They will also arrange for the keys to be handed over to the buyer. Another important part of the finalisation process is for your conveyancing lawyer to complete the forms required by the Land Registry and then submit them on your behalf. This will ensure that the property is registered in the buyer’s name, thus completing the successful transfer of the title.
