Buying a property is an exciting process, but it also comes with a few key risks. If you want to get into a new home or an investment property without a hiccup, hiring a Brisbane conveyancing lawyer makes sense. A conveyancing lawyer is a trained professional who specialises in transferring real estate from one person to another. Their main job is to ensure that the property is fairly and legally transferred and that both parties meet the conditions of their contract. Engaging a conveyancer is one of the major steps in your property-buying journey. But when in the process is it best to do so?
Even if your journey to buying the property is smooth and seamless, it’s worth having professional support to ensure all the details are in place. That means you can avoid any pitfalls along the way, save some money and enjoy the peace of mind that comes with hiring a conveyancer.
Do I Have to Use a Conveyancer When Buying Property?
There’s no legal requirement to use a conveyancer when buying a property in Queensland. As an alternative, many companies offer DIY conveyancing kits that help you keep your legal paperwork and contractual rights in order. However, buying a property is a big decision, and there are lots of industry-specific laws attached to the process. For that reason, most buyers choose to work with a conveyancer when buying property.
The main support your conveyancer will offer is reviewing the contract and researching the property, whether rural land, acreage, a home, a commercial building, or another type. Their trained eyes will be able to spot any defects or issues that you might have missed, and that can potentially save you thousands of dollars.
What Does a Conveyancer Do?
Conveyancers are a special class of legal professionals that oversee the process of buying and selling property. Conveyancers work with vendors and buyers – although a single conveyancer can never represent both parties at once. Their main duty is to ensure that the property is properly transferred to the new owner and that all the legal concerns are taken care of.
Your conveyancing lawyer will also provide other help, such as researching the property’s history to look for encumbrances like easements, covenants, and restrictions. These things don’t necessarily prevent you from buying a property, but they can have major financial implications, so it’s important to know what you’re getting into.
Once you’re satisfied with the contract, the conveyancer will manage the settlement and transfer the money to the seller. When working with a conveyancing lawyer, you’ll have access to a range of services they offer, such as:
- Contract reviews and advice
- Property history and title research
- Checking for encumbrances and restrictions
- Managing the accounts that hold your deposit
- Applying the correct tax rates
- Managing settlement and handing over keys
- Providing representation when dealing with the vendor or real estate agent
When to Engage a Conveyancer When Buying Property
Since there’s no legal requirement for buyers to retain a conveyancer, you’re free to engage one at any time. However, buying land or any other type of property can be incredibly complex, and it’s usually recommended that you engage a conveyancer before you start your property hunt.
Conveyancing is typically offered on a fixed-fee basis, so you don’t need to worry about paying for their help during a months-long search. In return, you’ll get professional support and advice, and they’ll make sure you end up with a property that matches your needs and budget.
At the very least, it is usually a good idea to hire a conveyancer before signing any contracts. Pre-purchase contract reviews are one of the most important services conveyancing lawyers offer. Your contract may contain hidden information or tricks that can cost you thousands. It’s always worth having a contract professionally reviewed before signing it to ensure that the property you’re buying doesn’t come with hidden surprises.
How to Choose a Conveyancer
Conveyancing is one of the most common services offered by law firms in Queensland. With a bustling property market, a Brisbane conveyancing lawyer is never far away when you need help. The only thing that remains is to work with someone that can deliver the outcome you’re looking for.
One of the easiest ways to choose a conveyancer is to ask family and friends for recommendations. Try to select a company that has good feedback and plenty of industry experience.
If you’re buying a specific type of property, such as commercial land or an apartment, it’s also worth looking for a conveyancer who specialises in that area. Their expertise will be indispensable at sale time, allowing you to avoid unnecessary risks and purchase a property that suits your lifestyle well.
Top photo via Canva