The entire process of selling a home in Australia is more complicated than it seems — to safeguard both buyers and sellers, there are a range of legal requirements that must be met, each specific to the state where your property is located. In the interest of understanding the selling process, homeowners who want to sell their homes are often confused about whether they need to hire a conveyancer.
As experienced conveyancers ourselves, we’re here to provide you with the definitive answer on the matter, as well as offer more clarity about the process of selling your home so that you can make smart, informed property decisions.
Am I legally required to use a conveyancer to sell my house?
Conveyancing refers to the legal work that goes into preparing the documents for a property transaction, such as sales contracts, mortgage agreements, and ownership transfers.
In Australia, there is no legal requirement to use a conveyancer when selling a property. According to state government legislation in Australia, anyone can do their own conveyancing to fulfil the legal work that is involved in selling a house.
However, you should also know that the legal work required for selling a house is not a walk in the park — and there are several strong reasons as to why the majority of home buyers and sellers in Australia engage the services of a conveyancer.
Why you should use a conveyancer when selling your house
Selling property involves multiple steps that require a close attention to detail. Sellers that don’t have any legal training, may find it difficult to understand the legal requirements involved, let alone fulfil them accurately. This higher likelihood of making legal mistakes can potentially result in costly consequences.
And unlike conveyancers, sellers do not have indemnity insurance, meaning that they may be liable for the full cost of any legal mistakes made. Having a conveyancer to help break the requirements down into a more layman form will allow sellers to ensure they have the right paperwork, while ensuring that all of the information is presented in the proper format.
As conveyancers specialise in property-related law, especially with regard to sales transactions and ownership transfers, they will also be able to provide expert advice to help sellers make the most of the sale.
And finally, conveyancers have the expertise to expedite the sale transaction so it can be completed smoothly and quickly with minimal delays due to errors or disputes. Property sellers can get their settlement sooner instead of fussing over the details of the contract.
What’s included when you enlist a conveyancer to help
Here are some of the responsibilities that a conveyancer will typically take on to assist in the process of selling a home:
- Preparation and submitting of the legal documents, such as the Contract of Sale, as well as ensuring the inclusion of any special requirements the seller has.
- Performing the relevant paperwork lodgements or extensions for the property
- Representing the seller’s interest when dealing with the buyer, as well as assisting in negotiation efforts to establish the terms of the contract.
- Providing expert advice on any changes requested by the buyer and explaining the implications it may have on the property transaction.
- Conducting the necessary title and planning searches for inclusions and exclusions in the final statement, ensuring that the seller has met all their legal disclosure obligations.
- Managing all aspects of the settlement process to ensure the sale is legal and valid.
Tips for finding a conveyancer to selling your home
Finding the right conveyancer to help you with the sale of your home can be daunting, considering the number of options online. Here are some key things to look out for when searching for a reliable conveyancing service:
- Make sure they are a member of the Australian Institute of Conveyancers (AIC). All qualified conveyancers will be registered with the AIC as proof of their trustworthiness.
- Look at their years of experience. This is an indication of their expertise and how efficient their services are.
- Check client reviews to see what others think about the quality of their service. This will give you a glimpse of what to expect with their services.
How much does a conveyancer charge?
Conveyancers charge different amounts depending on the state and territory that the property is located in. As a result, the costs of conveyancing can vary between $600 and $1,300 across Australia. This cost may also exclude other fees that are involved with the sale transaction or other out-of-pocket expenses.
If you are looking for an accurate cost of conveyancing when selling a house, it’s always better to ask for a detailed quote from a conveyancing service to understand what you’ll be getting, and how much you can expect to pay.
At Entry Conveyancing, we offer transparent and fixed conveyancing costs with no hidden add-ons. Our priority is to make the process of selling your home as smooth and convenient as possible so that you can enjoy a favourable outcome without worrying about complicated legal requirements. We offer conveyancing across Sydney and Melbourne locations – contact us to get started!
