Who Appoints the Conveyancer? Your House, Your Choice

Introduction

“A man’s home is his castle.” – Sir Edward Coke, English common law ruling, 1604

Selling your home can be a rewarding journey, but it’s not without its complexities. To hear those magic words – “Congratulations! You’ve sold your property, the transfer is complete, and the purchase price has been paid” – requires more than just securing the right buyer. The process of transferring property ownership is a legal one, requiring careful attention to detail and the expertise of a conveyancer.

Many sellers are unaware that choosing the conveyancer – the legal professional who handles the transfer – is their right. This choice can significantly impact the smoothness, speed, and success of your property sale. Here’s why the seller gets to appoint the conveyancer, why this matters, and how to make the right choice.

Why Do You Need a Conveyancer?

A conveyancer, also referred to as a transferring attorney, is a qualified legal professional who:

• Handles all administrative and legal steps in the property transfer process.
• Ensures all terms of the Offer to Purchase are adhered to.
• Manages documentation for the Deeds Office to transfer legal ownership from seller to buyer.
• Most importantly for you, the seller, ensures you are paid in full and on time.

Without a skilled conveyancer, property sales can face delays, disputes, or even legal issues that put your investment at risk.

Why the Seller Gets to Choose the Conveyancer

While there is no legal requirement preventing an alternative agreement, it is generally accepted that the seller appoints the conveyancer. Here’s why this is critical:

1. The Seller Bears the Risk
   • As the seller, you are responsible for ensuring that ownership is transferred correctly and timeously. The property is your asset, and it’s your risk on the line.
2. Protecting Your Financial Interests
   • Even though the buyer typically pays the conveyancer’s fees, a buyer-appointed attorney may be less focused on protecting your financial interests. Your appointed conveyancer acts as your advocate throughout the process.
3. Control Over the Process
   • Delays in property sales often stem from buyers needing more time for deposits or bond approvals. A conveyancer appointed by you can act quickly and decisively to ensure deadlines are met, protecting your interests and avoiding costly hold-ups.

How to Choose the Right Conveyancer

Not all conveyancers offer the same level of service, so it’s vital to choose wisely. Here’s what to look for:

1. Experience and Proactivity
   • Experienced conveyancers can identify potential red flags early on, such as title deed restrictions or incomplete documentation, and address them before they become issues.
   • They know how to handle red tape and navigate the requirements of the Deeds Office efficiently.
2. Clear Communication
   • The legal process of property transfer can be complex. A good conveyancer keeps you informed every step of the way, reducing confusion and stress.
   • Regular updates mean you always know the current status of your sale.
3. Attention to Detail
   • Property transactions involve significant legal documentation. Errors can cause delays, disputes, or even financial losses. Your conveyancer must be meticulous in ensuring compliance and accuracy.
4. Protection Against Cybercrime
   • Property transactions are increasingly targeted by email phishing scams and cyberattacks. Ensure your conveyancer has robust systems in place to protect your funds and personal information.

When to Appoint a Conveyancer

The earlier you appoint a conveyancer, the better. Ideally, contact your attorney as soon as you decide to sell your property. Here’s why:

1. Guidance From the Start
   • A conveyancer can guide you through the initial steps of finding a buyer and preparing the sale documentation.
2. Reviewing the Offer to Purchase
   • Before signing the Offer to Purchase, have your attorney review it to ensure it is fair and legally sound. They will also help you understand any unique terms, suspensive conditions, or special clauses that may impact the sale.
3. Smooth Transition
   • With your conveyancer involved early, potential issues – such as servitudes, title deed restrictions, or bond registration delays – can be identified and resolved quickly.

Key Steps in the Property Transfer Process

Here’s a simplified overview of what your conveyancer will handle:

1. Sale Agreement: Drafting or reviewing the Offer to Purchase to ensure fairness and legal compliance.
2. Document Preparation: Obtaining compliance certificates, FICA documentation, and bond cancellation consents (if applicable).
3. Deeds Office Lodgement: Submitting all legal documents to the Deeds Office for ownership transfer.
4. Payment Management: Ensuring the purchase price is paid into a secure trust account and disbursed correctly.
5. Final Registration: Completing the process and notifying all parties once ownership is legally transferred.

Why Early Conveyancer Involvement Matters

Appointing your conveyancer early allows you to take control of the process, avoid unnecessary delays, and ensure a seamless property sale. Your conveyancer will act as your advocate, ensuring all deadlines are met, documents are accurate, and funds are securely managed.

Conclusion: Protect Your Sale, Choose Your Conveyancer

As the seller, you hold the power to choose your conveyancer – and it’s a decision that can make or break your property sale. A skilled and proactive conveyancer ensures a smooth, secure, and efficient transfer, protecting both your time and your investment.

Don’t leave this crucial step to chance. Contact us early in the process, and let’s ensure your sale ends with a celebration – not a headache!