What does a conveyancer actually do when you buy a home?

So, what actually is a conveyancer?

A conveyancer is a licensed professional who specialises in the legal work involved in transferring ownership of property from one person to another.

When you buy a house, you're not simply buying the building you walked through at the Saturday inspection. You're purchasing a legal interest in a particular piece of land, subject to the contract and the legal interests that affect that property.

Someone therefore needs to deal with the legal documents, property information, settlement calculations and transfer of ownership.

At Loan Location, we don't provide conveyancing services in-house. We do, however, regularly work alongside conveyancers and can introduce you to referral partners we know and recommend if you need one. You're always free to choose your own conveyancer or solicitor.

They review the Contract of Sale

One of the most useful times to involve a conveyancer is before you make an unconditional commitment to buy the property.

Your conveyancer can review the Contract of Sale and explain the terms that affect you as the buyer.

They can also help identify conditions or wording that you should understand before signing.

If you've found a property you're serious about, getting the contract reviewed early can give you a much clearer idea of what you're actually agreeing to.

They check the legal information attached to the property

A conveyancer also looks at the legal information affecting the property itself.

The exact documents and terminology vary between Australian states and territories, but the work can involve checking matters such as:

• the title to the property;
• mortgages or other interests registered against it;
• easements;
• covenants and restrictions;
• planning or zoning information where relevant;
• council, water and other rates or charges;
• owners corporation or strata information where applicable; and
• other legal matters disclosed as part of the sale.

That's why the paperwork matters just as much as the property inspection.

What is a Section 32 Vendor Statement?

If you're buying in Victoria, you'll hear the words Section 32 fairly quickly.

The Section 32 Vendor Statement is a disclosure document provided by the seller before the buyer signs the Contract of Sale. It contains important information relating to the property and the seller's title.

A conveyancer or property solicitor can review the Section 32 together with the contract and help explain issues that may affect the purchase.

Then they help make settlement actually happen

Finding a house and getting the home loan approved are only part of the journey.

Eventually everyone needs to arrive at settlement — the point where the balance of the purchase price is paid and the legal transfer of the property can be completed.

Your conveyancer coordinates the legal side of this process with the seller's representative and your lender.

Your broker and your conveyancer have different jobs

There can be a lot of people involved in a property purchase, and it's easy to assume they all do roughly the same thing.

They don't.

Your conveyancer isn't there to tell you whether the roof leaks, whether termites have taken up residence or whether the foundations need attention.

Those physical property issues may require a building inspector, pest inspector, surveyor or another specialist.

When should you get a conveyancer involved?

Preferably before signing an unconditional Contract of Sale.

For many buyers, particularly first-home buyers, the conveyancer can feel like someone who appears near the end of the process.

In reality, some of their most valuable work can happen much earlier.

What's the difference?

Both licensed conveyancers and solicitors can be involved in property transactions, but their professional scope is not identical.

A licensed conveyancer specialises in conveyancing and legal work connected with transferring property title.

A solicitor can perform conveyancing work too, while also being able to advise on broader legal issues outside the conveyancing transaction.

If you're unsure, ask the professional you're considering whether your matter sits within their expertise and licence.

Technically possible doesn't always mean sensible

The rules differ around Australia, and some jurisdictions allow buyers to undertake their own conveyancing.

But there's a significant difference between being allowed to do something and it being a good idea.

Property transactions involve large sums of money, contractual deadlines and legal obligations. Government guidance also warns that people doing their own conveyancing may personally carry the consequences if something goes wrong and won't have the professional indemnity protection that comes with engaging an appropriately insured professional.

Why your broker and conveyancer need to communicate

The finance and legal sides of a property purchase are separate, but they constantly cross paths.

Your broker may need information including:

• the purchase price;
• deposit amount;
• property address;
• finance date;
• settlement date;
• contract details; and
• your conveyancer's contact details.

Your conveyancer may also need information about your lender, loan approval and settlement arrangements.

We don't do conveyancing in-house — but we can point you in the right direction

Loan Location is a mortgage broking business, so our job is to help with the finance side of buying your property.

We don't provide conveyancing or legal services ourselves.

We do, however, work with referral partners and can introduce you to conveyancers we know and recommend if you don't already have one.

There is never an obligation to use somebody we refer. You're completely free to appoint your own licensed conveyancer or solicitor.