February 15, 2017
Frequently Asked Questions About Conveyancing
Do you want to know the Frequently Asked Questions About Conveyancing?
Don Gayler has been practising in the area of property conveyancing for more than 35 years. Everyday he gets asked the Frequently Asked Questions about Conveyancing.
We believe that we can justifiably claim to be experts in the area of property conveyancing based not only on the time spent in that area of practice by Don Gayler but because it forms a substantial part of our legal practice.
If the experience of Don Gayler and his support staff are taken into account then the collective time spent in the area is in excess of 100 years. Not a bad record for a small firm. This experience assures you as a buyer or seller that you are dealing with people who know and understand the property market and the buying and selling process.
Our experience tells us that there is a consistent pattern of questions which arise during the buying or selling process, irrespective of whether or not you’re a first-time buyer or seller or you been the course a number of times before.
So let’s deal with a sample of the often asked questions.
What are the Frequently Asked Questions about Conveyancing?
Put simply, the transfer of legal ownership of a property from one person to another.
We set out to make sure that the conveyancing process is as seamless as it can be; That the process is handled promptly and efficiently and that you are kept informed and up to date during the whole process.
Always remember that things can go wrong. If things do go wrong then this is where experience counts and you have the best chance of having things sorted through an experience lawyer.
What is fixed fee conveyancing?
We charge a fixed fee for conveyancing. This means that we will quote you a fixed professional fee (including GST) and if outlays and other disbursements (such as stamp duty and searches, if they apply).
This means that you can budget for your sale or purchase and, provided that WWIII doesn’t happen, that there will be no nasty surprises at the end of the process.
What is a title search and why do I need one?
A title search is a search of the database of the property ownership register (Titles Office) of the Queensland Government.
A title search will not only confirm the details of the owner/s of a property but will also show important information about the property. These could include rights or interests held over the property which might be a mortgage, caveat or other dealing. You need to know this information so that you can proceed with the conveyancing process with certainty.
If you are a buyer of a property then it is common for a title search to be concluded at the beginning of the sale process and just before the matter settles. The final title search is to make sure that no dealing which can negatively impact on the property you have acquired or sold has been lodged in the Titles Office.
What are the Standard Terms of Sale?
The Real Estate Institute of Queensland and the Queensland Law Society have co-operated to set what are known as the Standard Terms of Sale for various types of property transactions such as land and house sales, residential and commercial unit sales and so on.
The Standard Terms of Sale can be varied but it is important that you understand the Terms and how they impact on you.
Lawyers who follow the Queensland Conveyancing Protocol will provide buyers and sellers with materials (including a booklet) which explain the Standard Terms of Sale. If you don’t understand the Terms or you simply want clarification from you lawyer so that you have peace of mind, then contact your lawyer.
An e-book will be prepared shortly to deal with more FAQs relating to the conveyancing process. When published this e-book will be available free from our website.
If you are selling property this year, we have a free e-book that will help you with the process.