Back to Resources
What is included in a conveyancing process?
March, 2008
Back to Property Law FAQ's
As noted above, conveyancing is the process whereby property is transferred from a seller to a buyer. This involves both legal and administrative processes as well as processes dedicated to ensuring the property is a good investment.
The Process
The following is a brief list of activities in the conveyancing process:
- Examining, drafting (if acting for the seller) and exchanging the contract of sale;
- Liaising with the other conveyancer over the terms of the contract;
- Arranging building and pest inspections;
- Examining a strata inspection report (if the property is part of a strata scheme);
- Arranging finance (if necessary);
- Paying the deposit at exchange;
- Preparing and examining the mortgage agreement (if necessary);
- Checking if there are outstanding arrears or land tax obligations;
- Finding out if a public authority has a vested interest in the land or if any authority is planning a development that would affect the enjoyment of the property;
- Generally sourcing information about matters that may have not yet been disclosed (such as disputes over fences or building work, for example);
- Calculating the stamp duty payable or applying for an exemption or discount;
- Overseeing the transfer of title; and
- Completing final checks and attending settlement.
The Contract
This legal process is the formation of an agreement between the buyer and seller: a contract for the sale of land. This contract will include the following terms and information:
- the identity of both buyer and seller;
- the details of the property and its condition;
- the agreed price;
- the day on which the full amount will be paid (settlement); and
- other rights and particulars such as a 'cooling-off' period (see 'What is a Cooling-Off Period?') or certain contingencies regarding the availability of finance.
Back to Resources
Back to Property Law FAQ's