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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.

 
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