Legal Issues

A beginner’s introduction into conveyancing

Conveyancing is a very distinct, highly specialised area of Australian law. Indeed, conveyancers are responsible for the preparation of documents designed to transfer the legal title of a property from one entity to another. Generally, conveyancing consists of two phases: the exchange of the relevant contracts and the settlement. The settlement is when the legal title officially passes.

Purchasers of a land’s legal title are required to be notified of any restrictions on the land (in advance of the purchase). Furthermore, it remains a legal requirement for land contracts to be writing, and electronic contracts remain insufficient in most jurisdictions.

Surprisingly, you don’t need to be a lawyer to be a conveyancer; however, most conveyancers generally have a law degree. Purchasers of the property can perform their own conveyancing; however, this is usually not recommended. On average, the entire process takes around 4 to 6 weeks.

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