Written by: Corben Thorsby, Law Graduate
If you’re in the process of buying or selling your home, you should engage a residential conveyancer at some point in the process. As someone who is part of an experienced conveyancing team, I see one common factor relevant to every client – timing.
Time is of the essence when it comes to residential contracts. When you’re ready to engage a conveyancer, good organisation will help save you precious time and money. But bad timing coupled with poor organisation can turn a simple transaction into an absolute mess.
In this blog, we will look at when to engage a conveyancer and why you need one.
When Do I Need to Engage a Conveyancer?
We conducted a poll on our Greenhalgh Pickard Instagram profile that asked: When do you think you need a conveyancer? The results were as follows:
48% | When I’m ready to make an offer on a property |
33% | What even is a conveyancer? |
14% | After I sign the contract |
5% | After I’ve bought a house |
These results prove that there is some confusion on when to talk to a conveyancer in the residential buying or selling process.
Engage a Conveyancer Before Buying or Selling a House
So, when is the best time to engage a conveyancer for a successful residential transaction? Before you purchase or sell your property.
Despite the confusion in our poll, it’s best to get the ball rolling prior to signing a contract. This way, your conveyancer can have your file up and ready before they receive a copy of your singed contract!
If you are thinking about purchasing or selling a property, take the time to call a conveyancer and have quick chat.
Let them know you are expecting a draft contract. If you are not entirely confident on the conditions, ask for a contract review.
Talk to a Conveyancer Before Signing Your Contract
For a first time home buyer, one of the biggest mistakes is not calling a conveyancer until after you have signed your contract.
People make mistakes. It is not unusual for a contract to include incorrect names, dates and completely conflicting special conditions. In some cases, a Deed of Rescission must be drafted to rescind the contract and draft an entirely new contract.
For some clients, I think the delays come from not understanding the need for a conveyancer. ‘Why do I need a conveyancer?’ is something I have heard countless times when chatting with Buyers and Sellers.
Keep reading to learn why you need a conveyancer before buying or selling your property.
Why Do I Need to Engage a Conveyancer?
Conveyancers help you sell and purchase residential properties.
A good conveyancer will help you with the following.
Provide You with a Contract Review Prior to Signing
A contract has standard terms but these aren’t always catered to your needs and circumstances. That’s where a conveyancer can advise you on potential conditions and changes you may need to buy or sell a property.
Outline Your Critical Dates and What They Mean
Each condition in the contract has a due date. If you fail to satisfy a condition before the date, you may be in breach of an essential term of the contract. This may mean the other party can terminate the contract, or even sue you for damages or loss.
Advise You on Contract Conditions and Help Protect Your Rights
Every condition operates slightly differently. Every conveyance operates slightly differently. It’s important that you liaise with your conveyancer to ensure these differences work for you, not against you.
Provide You With Reassurance and Guidance on Your Choices
It may be easy for some conveyancers to get a contract ‘across the line’. We do not operate on that basis. We always endeavour to advise our clients on their options and legal consequences of their choices.
Organise a Successful Settlement and Ensure Correct Figures and Adjustments
After ordering standard searches (rates, water, land tax, body corporate), there’s some serious math involved in making sure you pay the right amount of adjustments at settlement. Conveyancers also talk with your bank and verify figures based on any incoming or outgoing loans.
Need assistance?
There’s many other duties conveyancers take care of but my job is to keep things simple, so I’ll wrap this up.
If you don’t have a conveyancer, or you have questions, our conveyancing team is available for a transparent conversation on fees and timeframes.
If you’re worried about additional fees, I understand – that’s why we include a contract review in our fixed fee conveyancing pricing.
Our integrated services also accommodate conveyancing with family disputes, wills and estates. We look forward to hearing from you – remember, failing to plan is planning to fail.
Want to be a part of our next poll? Follow us on Instagram @greenhalgh.pickard
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.