Property solicitor or Conveyancer in Cherrybrook - PowerPoint PPT Presentation

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Property solicitor or Conveyancer in Cherrybrook

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What is property conveyancing and do we need it? There is no legal requirement to have a conveyancer however as we are not legal experts it is always a good idea to employ one to protect your interests. – PowerPoint PPT presentation

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Title: Property solicitor or Conveyancer in Cherrybrook


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PROPERTY CONVEYANCING
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Do we need a conveyancer
  • What is property conveyancing and do we need it?
    There is no legal requirement to have a
    conveyancer however as we are not legal experts
    it is always a good idea to employ one to protect
    your interests.
  • Many a time I have worked with buyers over a
    fair period of time and when they do find their
    dream home they do not have a legal
    representative .They scramble for one and even
    ask the real estate agent to suggest a
    conveyancer.
  • Lets understand what the function of a
    conveyancer is. Are they solicitors? Do they need
    to be solicitors?

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  • A conveyancer does not need to be a solicitor,
    although many solicitors also do conveyancing and
    that is why many people get confused.
  • There are several courses for conveyancers and
    simply put, they specialise in transfer
    ownership of a legal title from one owner to the
    other.
  • Since there are many things that can go wrong
    with ownership of title and mistakes when it
    comes to property can be extremely costly, it is
    important to have a specialist make sure your
    title is secure.

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Role of a coveyancer
  • A conveyancers role is broadly divided into 3
    stages
  • After the contract is signed and before
    completion
  • Before the contract is signed wherein they do
    their due diligence
  • Finally assist to complete settlement.
  • The legal phrase caveat emptor means buyer
    beware and rings true particularly in real
    estate transactions.
  • It means that once the transaction is complete,
    the buyer will often not have much recourse to
    address defects in the property and its title
    that they were not previously aware of.
  • Accordingly, it is important to have a
    conveyancer or solicitor thoroughly examine the
    records for any defects in title.

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Taking care of you ............
  • Before signing a contract and putting any money
    into the transaction a buyer needs to have the
    contract of sale whetted by a conveyancer or
    solicitor.
  • They would look for easements, special conditions
    like release of deposit, negative easements on
    the title and anything that could affect price or
    resale or getting a loan from the bank.
  • If there are any clauses that could adversely
    affect the buyer they are negotiated.
  • On signing the contract the conveyancer or
    solicitor would then prepare, clarify and lodge
    legal documents. Calculate the adjustments of
    rates and taxes like land tax etc.

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Looking after the details
  • When it comes time to settle the property, they
    will act on your behalf and co-ordinate with your
    financial institution for payment of your
    property. They will represent your interest with
    your agent or vendor.
  • For a seller, a conveyancer would prepare a
    contract of sale .She/he would order the S149
    certificate or the zoning certificate, title
    deed, sewage diagram, deposited plan and include
    special conditions to safeguard your interest.
  • They would then represent and respond and
    negotiate with the purchasers solicitor and act
    in your interest.

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Choose wisely and fees
  • For any service including legal services there
    are some excellent providers and some you would
    rather not work with. You need to choose a
    conveyancer with whom youre most comfortable.
  • Get a referral from a friend or even your real
    estate agent. They do work with conveyancers all
    the time and are aware of their previous
    work.However it is a subjective decision as there
    is no method of grading solicitors or
    conveyancers by way of their performance.
  • When it comes to costs, there are a variety of
    fee structures. These include
  • Fixed Fee
  • Fixed Fee plus disbursements
  • Fixed fee plus disbursements and an hourly rate
    for some additional work.

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  • Each has their own benefits and pitfalls and
    depending on your needs for certainty of costs,
    you can negotiate a fee structure with your
    conveyancer/solicitor.
  • Besides that you can even ask your conveyancer
    how often you would be updated.
  • This is particularly relevant on settlement date
    when would you be informed of the time of
    settlement as this could be critical if you were
    a buyer and needed to move in and plan or if you
    were a seller and needed to know when the house
    would have to vacated.

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  • In Cherrybrook there are quite a few conveyancers
    and solicitors .Some are at the cutting edge and
    are even offering electronic settlements whilst
    others seem still to be in yester year with age
    old methodologies.
  • Some are extremely responsive and spend the time
    to discuss and understand your requirements,
    others not so much. Choose wisely.

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Contact Us
  • Kerbside Appraisal
  • Address P. O. Box 340,West Pennant Hills, NSW
    2125 Australia
  • Call on 61421062185
  • E-Mail ID anil_at_kerbsideappraisal.com.au
  • Visit http//www.kerbsideappraisal.com.au/
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