Wednesday, December 17, 2008

What is Conveyancing?

"Conveyancing" is the legal process involved in transferring the title of a property from a seller to a buyer.

A conveyance comes into being by a Contract for Sale of Land. This is normally prepared by a legally qualified person, such as a conveyancer acting for a vendor (seller) and is checked by the purchaser's (buyer's) conveyancer.

Besides dealing with the actual contract and transfer, many ancillary functions are involved such as checking to see if the property is affected by;
- Government authority proposals
- Local council and state government compliance
- Condition of the property as regards building and pests
- Surveys
- Leases
- Strata reports
- Easements and covenants
- Stamp duty
- Mortgages
- GST
- Land tax, council and water rates

Why Use a CPC? Certified Practising Conveyancer

When selling property you will require a contract prepared. A CPC will obtain all the mandatory documents that need to be attached to a contract eg. a council zoning certificate, a copy of the title and other title documents, deposited or strata plan, sewer diagram and any other documents that may be required for your particular transaction.

Your CPC will draft any special clauses that may be required for your contract and that may be required to disclose particular matters for your sale.When buying a property a CPC will explain the contract to you, organise any property inspections, discuss your financial position and negotiate with the seller's conveyancer on any special needs such as extended settlement period, amount of deposit or possession amongst other things. Liaison with your lender on finance approval is also an important function.

Once contracts have been exchanged, a CPC will take all the necessary steps to settle the matter and arrange payout or funding of mortgages.At all times a CPC will advise you on various options and act to protect your interests.

Australian Institute of Conveyancers NSW Division www.aicnsw.com.au

The Institute (AIC) is the professional association representing Licensed Conveyancers in NSW (CPCs). It's role is to develop professional standards, handle complaints (or direct the complainant to the proper place depending on the complaint) and assist the consumer requiring conveyancing services.

The AIC works closely with various government departments in reviewing legislation and policy.When buying or selling any real estate we recommend that you use a member of the Australian Institute of Conveyancers NSW Division, a Certified Practising Conveyancer (CPC).