Why A Conveyancer?
If you are buying or selling property you need the services of a Conveyancer to do the legal work.
What is Conveyancing?
"Conveyancing" is the legal process involved in transferring the title of a property from a seller to a buyer.
A conveyance comes into being by a Contract for Sale of Land. This is normally prepared by a legally qualified person, such as a conveyancer acting for a vendor (seller) and is checked by the purchaser's (buyer's) conveyancer.
Besides dealing with the actual contract and transfer, many ancillary functions are involved such as checking to see if the property is affected by;
- Government authority proposals
- Local council and state government compliance
- Condition of the property as regards building and pests
- Strata reports
- Easements and covenants
- Stamp duty
- Land tax, council and water rates
Why Use a Conveyancer?
When selling property you will require a contract prepared. A conveyancer will obtain all the mandatory documents that need to be attached to a contract eg. a council zoning certificate, a copy of the title and other title documents, deposited or strata plan, sewer diagram and any other documents that may be required for your particular transaction.
Your conveyancer will draft any special clauses that may be required for your contract and that may be required to disclose particular matters for your sale.
When buying a property a conveyancer will explain the contract to you, organise any property inspections, discuss your financial position and negotiate with the seller's conveyancer on any special needs such as extended settlement period, amount of deposit or possession amongst other things. Liaison with your lender on finance approval is also an important function.
Once contracts have been exchanged, a conveyancer will take all the necessary steps to settle the matter and arrange payout or funding of mortgages.
At all times a conveyancer will advise you on various options and act to protect your interests.
Why you should only use an AICNSW member
All members have the support and backing of the only professional body representing the conveyancing profession in NSW, the Australian Institute of Conveyancers NSW Division. The AIC, in representing conveyancers, is focused on one aspect of law, conveyancing, and as all members are provided with up to date information and the support needed to act competently and professionally in that one aspect of law. Take advantage of the professional service and expertise offered to you by your AICNSW member knowing that you are in the safe hands of an expert conveyancer.
Membership of AIC
Being a member of the AIC means that the conveyancer must abide by the rules and codes of conduct of the AIC, they must also complete the annual continuing education requirements that are required to renew a conveyancer's licence each year. The AIC provides the facility by which members can complete their continuing education requirements.
The AIC promotes the view that members should complete more than the compulsory requirements set down by the Office of Fair Trading and that continuing education is of utmost importance to the continuing skill and expertise that is needed to remain abreast of the ever changing nature of the conveyancing profession. Most members will complete more than the compulsory continuing education requirements.
A member firm must contribute to a policy of Professional Indemnity Insurance, which the AIC holds in its name, as protection for all clients for any errors or omissions that may inadvertently be made by the conveyancer. Consumers can instruct an AIC member knowing that they are adequately covered in the unlikely event that a mistake is made.
Risk Management Program
All conveyancing businesses that are members of the AIC must participate in a risk management program. This is a program specifically designed for the conveyancing profession that assists and monitors the risk management procedures followed by all members. All member firms are regularly assessed in order to see that these risk management procedures are in place and adhered to. The Risk Management Program is in place for the protection and confidence of clients using the services of an AIC member firm.