Buying a house is one of the biggest financial investments you can make in your lifetime. It is also one of the most stressful. There are many forms, deadlines, and legal requirements to keep track of, and managing the whole process yourself can be overwhelming.
Thankfully, working with a licensed conveyancer can make things a lot easier. Before you select your perfect home or commercial property, it’s a good idea to hire a qualified conveyancer who can help you review contracts and help you understand the legal process of transferring property. Our team at Tindall Gask Bentley Lawyers is experienced in all aspects of conveyancing and understands the importance of providing an efficient, professional conveyancing service to you.
What Is A Conveyancer And How Can They Help Me?
In simplest terms, conveyancing is the legal process and paperwork required to transfer ownership of real estate from one person to another. Not all conveyancing arises our of sales and acquisitions – property transfers within a family or between family members all require conveyancing assistance. A conveyancer can assist you in the process of buying, selling, or transferring real estate by ensuring that the proper paperwork is filed and the correct procedures are followed.
A conveyancer is like a personal-assistant-meets-legal-advisor, and they can help you:
- Advise about the terms and special conditions of your contract;
- Liaise with your lender and real estate agent;
- Calculate and adjust rates and taxes;
- Stamp documents;
- Ensure land is transferred unencumbered;
- Attend to settlement and lodgement of documents;
- Arrange payment of outstanding liabilities against the land and;
- Notify and confirm settlement with the required parties and agent.
By law, a conveyancer does not need to be a lawyer, but if a problem arises during the process of negotiations, it certainly does help to be working with a firm like Tindall Gask Bentley Lawyers, whose lawyers combine conveyancing knowledge with high-level legal training.
With the knowledge within our firm we can assist with any legal issue that may arise during the conveyancing process. We have been required to negotiate between parties certain issues relating to the land and what the parties thought had been agreed upon but hadn’t been included in the contract. Sometime these can be resolved quickly, other times they require a solicitors attention to clarify the complex situation and provide the necessary advice. It’s important to make sure that anything agreed upon (inclusions & exclusions) is written into the contract because a verbal agreement is not easy to prove.
There are occasions when a real estate agent is not involved and the parties reach an agreement for the sale and purchase privately. TGB can attend to the preparation of Contract, Form 1 (Cooling Off Notices), ensuring payment of deposit and ordering of all government searches, all of which a real estate agent would normally do before a conveyancer becomes involved. We then continue to follow through with the normal conveyancing process to complete settlement.
By choosing TGB Lawyers as your conveyancers, we can also assist you with legal services including;
- Drafting legal documents;
- Reviewing contracts;
- Assisting with any legal issues that arise;
- Negotiating between parties and;
- Providing you with legal advice.
While many of our clients are individuals, we also work closely with commercial and agricultural clients. In addition to common conveyancing, we can assist you with:
- Conveyancing of a business;
- Commercial leases;
- Family farm transfers;
- Matrimonial transfers;
- Land and community divisions;
- Freeholding Crown Leases;
- Water licence transfers;
- Changes of name;
- Caveats and;
- Registration of deaths.
Choosing a conveyancer is an important part of beginning the process of transferring real estate, and you deserve to have competent, caring professionals on your team, ready to guide you through what can be a daunting process. TGB offers 12 offices across SA, WA and the NT. To make an appointment with our team call us on (08) 8212 1077 or register your details here and we’ll be in touch soon.