What is conveyancing? - http://www.austlii.edu.au/au/legis/vic/consol_act/ca2006153/s4.html

See - Who can perform Conveyancing Work? - http://www.dlegal.com.au/news/who-can-perform-conveyancing-work

It is wrongly assumed that conveyancing encompasses everything to do with the buying and selling property, but this is quite incorrect.

Conveyancing is only one part of the buying and selling of property procedure. But it is the most important part and keeps the process on track.

Conveyancing is the process of transferring the legal ownership of real estate from one person to another.

Conveyancing is a legal procedure which may be a complex matter. The real skill in properly completing a conveyancing transaction is in anticipating potential problems, both legal and procedural, and addressing them before they materialise.

Conveyancing relates only to the processes associated with the transferring, or conveying, of ownership. The conveyancing process continues beyond settlement only in those circumstances where further non-legal procedural matters are outstanding. However, even in these cases, conveyancing can necessarily entail the performance of legal work and the giving of legal advice.

Conveyancing Does Not Start Until There Has Been A Sale

Given that conveyancing is the process of transferring ownership of real estate from one person to another, there is no need for conveyancing services until such time as a sale has taken place. It is only after the sale has been effected that the purchaser acquires the right to require a transfer of ownership.

Preparing For The Sale Is NOT Conveyancing

The preparation of sale documents requires a solid knowledge and understanding of the law associated with real estate contracts, including specific provisions of the Sale of Land Act, the Transfer of Land Act, and laws relating to contracts, trade practices and consumer law, to name but a few. 

The vendor requires legal advice as to the obligations, responsibilities, and consequences of the rules and procedures associated with the proper marketing and sale of real estate. 

This stage of the sale process is the negotiation stage. While it may lead to an agreement to transfer the ownership of real estate, it is not a transfer or conveyancing procedure. It is purely a legal process. 

To conclude, no part of the sale process is conveyancing work. From the time a person first decides to put a property on the market, until the time a contract has been brought into existence, the only assistance a vendor requires is that involving legal work and legal advice. Every vendor who sells real estate in the State of Victoria is governed by the provisions of the Sale of Land Act, and in particular Section 32 of the Sale of Land Act. It is Section 32 of the Sale of Land Act that gives us the section 32 vendor's statement, otherwise known as simply the “Section 32”.

Conveyancing Work Commences When The Contract Is Received

As discussed above, conveyancing work , as it relates to a sale, does not commence until the sale has taken place, because it is the sale contract that gives rise to the right of the purchaser to have ownership of the property transferred. 

In the case of a purchase, the conveyancing process may not commence until the estate agent has sent a copy of the signed contract or Contract Note to the purchaser’s lawyer. In many cases, the purchaser will have bought the property before telling the lawyer that conveyancing services are required. (We advise strongly against the purchasing of real estate without prior legal advice regarding the rights and obligation arising from the contract, as all real estate contracts are prepared in favour of the vendor, and may expose an uninformed purchaser to serious risk.)

Conveyancing Work Commences When The Sale Has Been Closed

In sale matters the conveyancing work does not commence until the contract has been signed and the sale closed. It is only at this point that the vendor becomes obliged to allow ownership of the property to be transferred. Usually, the lawyer acting for the vendor will receive the completed contract of sale from the real estate agents, and will thus be made aware that a sale has taken place.

Source: www.lawyersconveyancing.com.au

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Property law/Conveyance

Buying and Selling Real Estate, either for home or investment, is a serious matter. Mistakes can be costly. No matter what the media tell you, conveyancing is best left in the hands of the trained professional - Property Lawyer.

At OatesRennick & Associates(ORA) Property law is one of our areas of expertise.
At ORA all conveyancing matters are carried out by properly qualified Property Lawyers. We have also installed the latest conveyancing systems to ensure your conveyancing is carried out properly - the first time.

Whether a home, investment or a development, talk to our Property Lawyers about your proposed property conveyance, subdivision, consolidation or other agreement.

Distance Is No Problem

If your PROPERTY is in the State of Victoria, it doesn't matter where YOU are in the world.

We have clients in other States and other countries, who use our conveyancing services.

These days, distance makes little difference because of new contact methods.

If you live in country Victoria, interstate or abroad, contact us for more information.

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