Conveyancing, in simple terms, refers to the complete transfer of property from one individual to another. It includes the transfer of title, rights and interests attached to the land, which will get passed from one legal entity to another. This legal process requires sellers and buyers to engage in a step-by-step procedure.
Meanwhile, the South Coast is a narrow strip of the coastal area extending from Shoalhaven district (north) to the border with Victoria (south) in the southeastern segment of NSW, Australia. This area mainly constitutes numerous national parks, including Jervis Bay, Eurobodalla, and Ben Boyd. It has comparatively milder weather and a light warm temperate climate. Also, Nowra, Shoalhaven, etc., are its major towns.
So, let’s look at the South Coast conveyancing laws so you can better understand the same!
Step #1: Pre-Contract
This step includes preparing a written contract for the sale of the property. During this stage, a South Coast conveyancing lawyer will do a thorough title search, create a draft, and verify the validity of the property.
Meanwhile, it’s essential to keep an eye on a couple of things like checking the charges on property that influence the sale, ensuring that the title deeds are in order, double-checking whether the charges and rates are paid for in full, and understanding any restrictions that may apply to the land.
Besides that, all your legal forms must be complete and accurate, and this pre-contract process may take a couple of weeks. And at the end of this stage and after appropriate research, the parties to the sale may agree to the terms of the offers and prepare a valid contract.
Step #2: Exchange
This is the next step wherein the sale contract becomes binding on both the seller and the buyer. The lawyers representing the parties to the sale may meet and exchange the signed, valid contract to ensure they’re proper and identical. And once the contracts are exchanged and identification is confirmed, a date will be set.
At this point, a contract is legally binding on both parties. That said, there is still a cooling-off period that follows the purchase, which allows the purchaser to retract the contract before the 5th business day after the contract is confirmed. Meanwhile, the reason for rescinding the contract can be anything. The buyer can also rescind the contract, but they would have to forfeit a minimum of 0.25% of the buying price.
Step #3: Settlement
The last stage of conveyancing is the settlement. At this point, all the financial matters are completed, the transaction is fulfilled, and the buyer receives possession of the land. As such, the buyer will finalise the cheque details, settlement figures and the time and venue for settlement. The parties must settle the remaining mortgage due, and any existing caveats on the land will get lifted off.
To make the transaction official, the parties need to register it. And usually, the sellers, buyers and conveyancing lawyers attend the settlement process to ensure all the documents are accurate and correctly handled.
Choosing the Right Conveyancing Lawyer
Depending on your area’s regulations and laws, you must choose your conveyancer who would help lead your property sale contract. And sure, you can do the conveyancing yourself, but the real estate laws are complex. Hence, try to employ a conveyancer to help minimise mistakes and lead a smooth sale transition. As such, you may look for the following factors:
- What is the fee structure of the conveyancer?
- Whether the conveyancer has the required license to practice in your state?
- Can the conveyancer offer you proper references?
An average conveyancing fee can be anywhere between $700-$2500, as per the NSW government. So, make sure that the conveyancer’s fee, skills and your particular requirements match!