What does a property conveyancer do?

Conveyancing is the legal process of transferring ownership of a property from one person or entity to another. It involves a series of steps and legal procedures to ensure that the transfer is valid and legally binding. Conveyancing typically occurs during the buying and selling of real estate but can also be involved in other property transactions such as gifting, inheritance, or adding or removing someone from the property title.

The conveyancing process usually includes several key stages:

1. Pre-Contract Stage: This stage involves negotiations between the buyer and seller, including agreeing on the price and terms of the sale. During this stage, the buyer's solicitor or conveyancer may conduct searches and inquiries to gather information about the property and ensure there are no legal issues that could affect the sale.

2. Exchange of Contracts: Once both parties have agreed on the terms of the sale, contracts are exchanged, and a deposit (usually a percentage of the purchase price) is paid by the buyer. At this point, the sale becomes legally binding, and both parties are committed to completing the transaction.

3. Between Exchange and Completion: After contracts are exchanged, there is typically a period of time (often several weeks) during which various tasks are completed, such as finalizing mortgage arrangements, arranging for property inspections, and obtaining necessary documents and approvals.

4. Completion: On the completion date, the remaining balance of the purchase price is paid by the buyer, and legal ownership of the property is transferred from the seller to the buyer. The keys are handed over, and the buyer can take possession of the property.

5. Post-Completion: After completion, the conveyancing process may involve additional tasks such as registering the transfer of ownership with the relevant government authority, paying any outstanding taxes or fees, and ensuring that the buyer's mortgage lender has a legal charge over the property.

Conveyancing is typically carried out by solicitors or licensed conveyancers who specialise in property law. Their role is to ensure that the transfer of property ownership is conducted legally and smoothly, protecting the interests of their clients throughout the process.

Who can do Conveyancing?

In many jurisdictions, conveyancing can be performed by qualified professionals who specialise in property law. The specific requirements for who can perform conveyancing vary depending on the country or region. Here are some common types of professionals who may be authorised to conduct conveyancing:

1. Licensed Conveyancers: In some countries, such as Australia and England, individuals can become licensed conveyancers by completing specific education and training requirements and obtaining a license from the relevant regulatory authority. Licensed conveyancers specialise in property law and are authorised to handle conveyancing transactions.

2. Solicitors: Solicitors are qualified lawyers who are trained to provide legal advice and services in various areas of law, including property law. Many solicitors offer conveyancing services as part of their practice. In some jurisdictions, solicitors are the primary providers of conveyancing services.

3. Real Estate Lawyers: Real estate lawyers, also known as property lawyers, specialize in legal matters related to real estate transactions. They can provide advice and assistance on a wide range of property-related issues, including conveyancing.

4. Notaries Public: In some countries, notaries public are authorised to handle certain aspects of conveyancing, such as verifying signatures and certifying documents. However, their role in conveyancing may be limited compared to licensed conveyancers or solicitors.

5. Online Conveyancing Platforms: With advancements in technology, there are now online platforms that offer conveyancing services. These platforms may use a combination of automated processes and legal professionals to handle conveyancing transactions remotely.
   

It's essential to ensure that whoever performs conveyancing is appropriately qualified and licensed in accordance with the laws and regulations of the relevant jurisdiction. This helps ensure that the conveyancing process is conducted legally and professionally, protecting the interests of all parties involved in the property transaction.