Conveyancing

What is Conveyancing?

Broadly speaking, "conveyancing" is the process of transferring ownership of a property from one person to another and all the laws and procedures involved with facilitating such a transfer.

Conveyancing in Brisbane is more or less the same as conveyancing on the Gold Coast or in Cairns except that different governmental bodies will be involved throughout the transaction - despite these subtle differences the body of law and the procedures remains more or less the same.

In Queensland, the conveyancing process usually follows this pattern:
  1. The parties sign a contract for the sale of land
  2. The buyer/s hire a lawyer and the seller/s hire a lawyer - and from this point on the parties' lawyers handle the conveyancing process on their clients' behalf
  3. The lawyer explains to his or her client the various rights and responsibilities the client now has due to the contract and relevant legislation
  4. The lawyer explains to his or her client what must be done by the client in order to 'settle' the transaction ('settling' a transaction is the moment when money is officially paid by the buyer to the seller for the property, and ownership legally changes hands)
  5. The lawyer prepares legal documents to give effect to the transfer of the property and ensures these are signed by the buyer/s and seller/s
  6. The buyer's lawyer ensures the buyer's interests are secured by lodging a Settlement Notice to prevent the seller from secretly selling the property to multiple buyers and/or dealing with the property in any other way now that they have signed a contract
  7. The lawyer conducts searches of various government and body corporate records to ensure the property is at it appears and there are no hidden traps
  8. The lawyer liases with banks and other parties to ensure everything and everyone is coordinated for the day of settlement
  9. The lawyer or his or her agent attends settlement on the client's behalf and either pays money to the seller or accepts money from the buyer
  10. If required, the lawyer lodges legal documentation with the Queensland Government to register the change of ownership
Each of these steps has multiple sub-steps and a vast body of law and convention which together dictate and complicate the conveyancing process in Queensland. For this reason it is highly recommended that the conveyancing process is not embarked upon solo, but rather an experienced conveyancing law firm is retained to assist.

For more tips on conveyancing in Queensland click here.

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This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.