If you’re taking the significant step of buying or selling a property or business, you may be wondering if you need a Conveyancer, a solicitor, or both to help finalise the ownership transfer.
To clear up any confusion – in Queensland, you are required by law to use a Conveyancing solicitor for all property transactions, including buying a new home. Any ‘Conveyancing firms’ you find around the state will be licensed solicitors who have chosen to offer Conveyancing as their key specialty.
As Queensland’s most trusted solicitors, ORG strives to empower our clients to make confident, informed life decisions. In this blog, we’ll answer all your burning questions surrounding Conveyancing, including:
- What is Conveyancing?
- What is a Conveyancer?
- What is a Conveyancing solicitor?
- What does a Conveyancing solicitor do?
- When do I need a Conveyancing solicitor?
What is Conveyancing?
Conveyancing is the official procedure for transferring property ownership from the current owner to a new buyer. Typically, this process commences with both parties entering into a binding contract that outlines the conditions for the property’s sale.
Here are some key takeaways for Conveyancing in Brisbane:
- Conveyancing grants the buyer full transparency on the property they are paying for.
- A seller can transfer property ownership to a buyer knowing they will receive the intended sale price and won’t face any legal claims from the buyer after settlement.
- Both parties must meet strict obligations and deadlines as outlined in the contract.
- Failing to meet a key date could cost either party the opportunity to buy or sell.
If you aren’t familiar with Conveyancing and property law, you could be signing up for a less than favourable transaction without realising. This is where an experienced solicitor can help.
What is a Conveyancer?
Common in most states except for QLD and the ACT, Conveyancers possess a strong understanding of local regulations and protocols. They draft and assess all property transfer documents, perform title and certificate searches, liaise with the seller, and assist you in resolving potential complications during the property transfer.
Remember, in Queensland, you must use a Conveyancing solicitor for all property transactions.
What is a Conveyancing solicitor?
A Conveyancing Solicitor, or Property Lawyer, is a fully qualified legal practitioner. They perform all the same tasks as a Conveyancer but possess a deeper understanding of property law as a whole, meaning they can provide trusted guidance on more challenging aspects, including stamp duty, Capital Gains Tax and more.
What does a Conveyancing solicitor do?
Basically, they help manage your property transaction to the very last detail.
ORG’s Conveyancing solicitors Brisbane ensure your sale runs smoothly, from negotiating contracts to transferring ownership. Whether buying or selling a home or business, we have the skill and experience to handle it all.
Here’s a breakdown of what we do:
- Negotiate on behalf of the buyer or seller to secure favourable contract terms, addressing issues like price, repairs, and timelines.
- Conduct property title searches on your behalf and check for easements, title type, heritage restrictions, etc.
- Expertly prepare all transfer documents and settlement figures.
- Help you meet critical dates and deadlines.
- Calculate rates and relevant tax adjustments.
- Liaise with all relevant parties, including body corporate, when finalising the settlement.
- Ensure 100% local and national transaction compliance.
- Manage and bank sales proceeds into your nominated bank account.
- Provide peace of mind by reviewing your contract of sale with due diligence.
When do I need a Conveyancing solicitor?
In Queensland, you only need to hire a solicitor once you have accepted an offer/your offer has been accepted. However, we recommend engaging with one earlier as they can help sellers avoid property listing mistakes and assist buyers with their search.
To secure a profitable, legally sound transaction, you should hire a Conveyancing solicitor well before you sign the contract.
ORG can provide tailored legal advice for your contract if you are transferring property:
- To or from a trust
- To a child or family member
- To a spouse or domestic partner
- Between different organisations or corporate entities
- In compliance with a divorce, family law settlement, or court-ordered process
- Under a Survivorship Application due to the passing of a husband, wife, spouse, or joint proprietor
- As part of a Deceased Estate or Probate proceeding
Experienced Conveyancing solicitors Brisbane
Whether you’re buying or selling a property, looking to become a landlord or tenant of a commercial property, or wish to pass your business onto the next in line, ORG’s Conveyancing solicitors Brisbane can ensure a smooth, stress-free experience.
We pride ourselves on providing the most cost-effective solution for your unique situation, goals and needs. So for tailored, specialised legal advice, book a no-cost, no-obligation initial consultation with ORG today.