Conveyancing

Frequently Asked Questions

• What is Conveyancing?

  When buying or selling real estate in Australia, you are required to sign a contract for the sale of land. The legal work involved in preparing the contract for sale and other related documents is called conveyancing. Conveyancing also refers to the legal process through which ownership of land is transferred.

  The conveyancing process can appear to be straightforward from the outset, but it can tend to become quite complex, especially when legal or transfer challenges ensue. This is why most people prefer to use solicitors in conveyancing.

  It is necessary for the Buyer to take steps to obtain proper ‘title’ to the property, including confirming that the Seller actually has the right to sell the property. Conveyancing is a process to ensure that the Buyer obtains the property and all the rights that go with it. The Buyer also needs to know about any restrictions or problems with the property in advance. The Seller wants to be sure that the transaction proceeds smoothly.

  The conveyancing process concludes upon the successful registration of the transfer of ownership of the property.

• What happens if there is a legal problem with my contract?

  We have experienced solicitors who are able to provide advice and guidance in situations that require a high level of expertise. We will be there to guide you the whole process.

• What does “fixed fee conveyancing

  Fixed fee conveyancing means that you are charged a fixed professional fee, together with the cost of searches, settlement and any additional requested services, including GST. We do not charge extra for photocopying, faxing or phone calls. For more information click here.

• What is transfer duty and do I need to pay it?

  Transfer duty (commonly referred to as stamp duty) is a tax imposed by the Government on the purchase of property. Under the standard contract of sale, transfer duty is payable by the buyer. It is determined by the purchase price of the property together with any concession you may be entitled to.

• Do I need to come into your office during this process?

  Not necessarily. Of course you are most welcome to come in and see us if you want to, but most conveyances can be completed via phone, fax, email and post.

• Why is there a difference between the conveyancing prices for buyers and sellers?

  There are more complex and comprehensive searches performed when you are purchasing a property, hence both the professional fee and search fees are higher.