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Property Conveyancing in Australia

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house

If you are looking to purchase a property or a tract of land, then there is a good chance you will need to avail of the services of a property conveyancer. The meaning of the term conveyancing is to legally pass on ownership from one party to another or by providing the means to do so through a mortgage. That sounds simple enough but where it can become a little bit confusing is when comparing one state’s stipulations to another. State laws govern the property conveyancing process and so what applies in one location may not do so in another. However, firstly why should you make use of a conveyancer? You are not legally obliged to do so but it is highly recommended for a variety of reasons.

property-conveyExperience

Chances are that you won’t have had much experience with conveyancing in your life. Even if you have done so during previous purchases or sales you will likely struggle to understand all of the intricacies and legal ramifications associated with the process. Do yourself a favour and leave all of this to the people who are experienced dealing with the procedure. They will be abreast of all up-to-date legalities and will have helped people in different circumstances. They will be there to advise you throughout and keep you from having to spend hours of your time researching it all yourself.

Your Intermediary

One of the biggest advantages you will receive from choosing to go with a property conveyancer is that you will have people working on your behalf and acting as an intermediary between you and the purchaser or seller. Your time will not be used chasing everything up yourself and it will undoubtedly make the whole situation pass with much less stress than if you were to go it alone.

propertyProperty History

A conveyancer will investigate the history of a property and be able to uncover any nasty surprises which may be lurking in its past. Having somebody working on your behalf to make sure you are buying exactly what you believe without any issues will provide you with the reassurances that your money is being well spent.

Be aware that conveyancing will differ from state to state and so will the legal circumstances associated with the transaction. Here is an example of just two states and how they differ:

Queensland

Queensland has some of the most stringent protocols when it comes to property conveyancing. Solicitors from Queensland are the only people permitted to conduct conveyancing in the state and so you will not be able to use inter-state services. It is also important to note that unlike other states, the region has two quite specific types of contracts one for land and another for properties.

New South Wales

Unlike Queensland, New South Wales does not separate the contracts by land or property and conveyancers in this state will have the legal authority to provide services for all sectors be it residential, industrial or commercial. Any property conveyancing in Wollongong and NSW will be licensed by NSW Fair Trading and you should check that the conveyancers you choose are suitably permitted to conduct the work for you such as Chris Adams and Associates of Wollongong. If you are not provided with evidence of this legal authorisation, then you should look elsewhere.

 

Jon Mills

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