WHAT WE DO
FOR YOU, THE PURCHASER
Australian Institute of Conveyancers SA Division
Undertaking a conveyance (attending to the transfer
of a property) may seem a simple process that takes
little time. Nothing is further from the truth!
Conveyancing is a complex series of tasks that
require knowledge and skill - which is the reason
that conveyancers must hold special qualifications
and be licensed.
Below is a list of tasks required to fulfil a
conveyancer's legal obligations to you where a
mortgage is to be registered. Because this task list
reflects the commonly accepted legal requirements
for a conveyance, all fee estimates must be
benchmarked against this list.
Occasionally a transaction involves more work than
usual. Time may also be required to advise a
purchaser (e.g. in relation to documentation or rights
or liaising with your lender) or a transaction may
involve extra tasks (e.g. liaising with a GST expert or
dealing with an encumbrance or contractual breach).
In such cases, your conveyancer is entitled to charge
an additional fee unless the work has been allowed
for in any fee estimate.
Basic Conveyancing Tasks
- Take initial instructions from Purchaser and advise
Purchaser to get insurance cover immediately
- Send letter of engagement to client to sign and on
return, formally open matter and set up file
- Carefully peruse the contract, Form 1 and any ancillary
documents
- Ensure purchaser is getting the correct property - eg
client signed plan for land or community/strata
property
- Obtain appropriate statutory searches. Check contract
and Form 1 against searches. Get instructions if
appropriate
- Diarise date conditions due and settlement date
- Ascertain if Property to be owner occupied or for
investment purposes
- Consider if client needs GST or other tax, legal or
professional advice and obtain instructions
- Ascertain if there are any stamp duty concessions
available to client
- Ascertain if Purchaser is a first home buyer
- Ascertain the manner in which joint Purchasers are to
hold the Property
- Confirm conditions of contract are fulfilled by parties
by the due dates
- Ensure that any encumbrance on the title is dealt with
appropriately & get purchaser sign off that they
understand
- Confirm finance arrangements with Purchaser and
deal accordingly with Lender
- Obtain ACN from ASIC for any corporation
- Prepare Transfer and any other required documents
(eg Applications)
- Send copy of Transfer to lender for preparation of
Mortgage documents
- Arrange for Purchaser to sign Transfer
- Send Transfer to Vendor's Conveyancer for signing by
Vendor
- Chase return of Transfer for stamping
- Confirm amount to be provided by Lender at
settlement
- Advise Purchaser to liaise with Agent to arrange
collection of keys after settlement
- Advise Purchaser to arrange for utilities and telephone
to be put in Purchaser's name
- Order SA Water special meter reading certificate
- Adjust rates and taxes and any community or strata
levy
- Prepare Purchaser's settlement statement
- Do trust account reconciliation calculations
- Send settlement statement to Purchaser requesting
balance of funds
- Receive funds from Purchaser and bank into trust
account
- Receive cheque details from Vendor's Conveyancer
- Calculate cheques required for settlement
- Advise cheque details to Lender
- Book settlement with Vendor's Conveyancer and
Lender
- Stamp and certify Transfer
- raw bank cheques from trust account (if required)
for settlement
- Check search Certificate of Title immediately before
settlement
- Attend and complete settlement at Lands Titles Office
- Advise Purchaser by telephone of completion of
settlement
- Send settlement confirmation letter to Purchaser
- Send change of ownership letters to rating authorities
and any community or strata corporation
- Confirm Vendor's Conveyancer has paid rates and
taxes unpaid at settlement
- Calculate usage from special meter reading, pay
appropriate amount to SA Water to put Purchaser into
credit and advise Vendor's Conveyancer
- Do trust account journal entries and reconcile
- Prepare final account for fees & trust account
statement and send to client
- Check search Certificate of Title to confirm registration
of Transfer
- Obtain copy of title showing Purchaser as registered
proprietor and send to client