Licensed Conveyancers in NSW are professionally qualified to advise clients in the legal matters involved in the buying or selling of property or businesses within NSW.
You should speak to your conveyancer as early as possible, ideally before you look for a property or before you decide to put your property on the market.
Never sign anything before consulting your conveyancer. If you are asked to sign a contract, request a copy of the contract first. Your conveyancer can then review the contract with you before you sign. There is no such thing as a standard contract.
The conveyancer will work with you from the beginning of the transaction and will explain the various processes and stages, including what is required of you by State and Federal law.
Most conveyancers will advise on the following:
Obtaining the information necessary to complete your transaction
- Reviewing the contract for sale or purchase
- Arranging building and pest inspections
- Examining a strata inspection report (if the property is in a strata scheme)
- Exchanging the contract of sale or purchase
- Paying the deposit
- Arranging payment of stamp duties
- Preparing and examining the mortgage agreement
- Checking for outstanding arrears or land tax obligations
- Ascertaining whether any government authority (e.g. local council, Sydney Water, NSW Roads and Maritime Services) has a vested interest in the land or if any planned development could affect the property
- Conducting searches to reveal information that may not have been previously disclosed
- Calculating adjustments for council and water rates for the property settlement
- Facilitating the change of title with Land and Property Information NSW
- Completing any final checks prior to settlement
- Attending settlement.
As the transaction progresses, the conveyancer will advise you on what options you have and inform you so you can make informed choices and proceed through to settlement as easily as possible.
If you are selling or purchasing a property or business in another state or territory of Australia, then you will need to contact a licensed conveyancer in that state (in NSW, VIC, SA, WA, TAS or NT), or a Solicitor (QLD and ACT) as the laws applying to the transfer of property vary. Conveyancers are not licensed to operate in Queensland or the A.C.T.
The role of a licensed conveyancer is quite different across Australia. The relevant states/territory permit licensed conveyancers to undertake differing levels of work and responsibilities. Accordingly the Professional Indemnity Insurance Policy covering each conveyancer is limited to work done within that state/territory only.
Some Licensed Conveyancers in NSW are also licensed to provide conveyancing services in other states. You should check that any conveyancer offering this service holds the appropriate license with the regulatory authority in that state and is covered by the mandated Professional indemnity Insurance Policy for that State. If in doubt ask the conveyancer to provide copies of these details so you can check with the relevant state licensing authority.
You can also contact the relevant Division of the Australian Institute of Conveyancers to find a local conveyancer or ask about the relevant state authorities:
If you choose to do your own conveyancing, research what is required and the risks involved. Do-it-yourself kits are available but generally provide guidance material only. You could encounter technical or legal issues not covered by the kit.
Unless you hold professional indemnity insurance, you may be held personally liable if there is a problem with the transaction and the other party suffers loss, even if you followed the instructions.
The Australian Institute of Conveyancers NSW Division cannot offer any legal assistance or guidance to members of the public undertaking their own conveyance. We encourage you to seek the services of a licensed conveyancer to assist you in this transaction.