With professionally qualified Conveyancers on board, we utilise the latest and up to date technology, resources and procedures to efficiently manage your transaction providing you with a superior service.  It is our expertise to accurately gather information concering a property and to prepare the necessary documents required for the transferrence of property.

Problematic transactions can invariably arise and there are many reasons why delays in settlement occur (eg. lost titles, finance delays, compliance for subdivisions, problems on survey, broken chains in old law, to name a few).  We aim to reduce the risk of delay by utilising our industry experience, knowledge and excellent negotiation skills, ensuring your interests are protected at all times.

Please read below for a more comprehensive understanding of the conveyancing process.

The Conveyancing Process

Conveyancing is the process of formally transferring the ownership of real property from a seller to a buyer. This process requires the creation of an agreement, in this case, known as a Contract of Sale.

A Contract of Sale is an agreement between the seller and buyer that details:

  • the identity of both the seller and buyer
  • the details of the property being transferred (as well as any other items that will be sold with the property)
  • the agreed price
  • the day on which the full amount must be paid (known as ‘settlement’)
  • other rights and particulars such as the buyer’s finance details, any special conditions agreed between the seller and buyer such as repairs to the dwelling to be completed prior to settlement, and the ‘cooling-off’ period (see further details below)

The Contract Drafting Process

The process of drawing up and exchanging Contracts will proceed in a manner similar to this:

  • Estate agent finds a buyer for the property and negotiates a the terms of the Contract between the buyer and seller
  • The Agent instructs the Seller’s conveyancer of the sale particulars and Seller’s conveyancer prepares the Contracts
  • Buyer’s conveyancer will scrutinise the Contract and provide the buyer with professional advice. The Conveyancer will carry out various searches to confirm the property in the Contract is in fact the same as what is being sold
  • Further negotiation may take place prior to the Buyer signing the Contract such as adding a finance approval clause to the Contract

Cooling-off Period

A Contract may include a cooling-off clause and this is a crucial clause should you sign a Contract with an Agent before receiving professional advice from your Conveyancer. This clause gives the buyer a period of three business days in which to decide not to proceed with the Contract. Please note that this clause will NOT apply if:

  • you received advice from a legal professional before signing the Contract
  • the property is used primarily for commercial or industrial purposes
  • the property is more than 20 hectares in size and is used primary for farming
  • if the buyer is an estate agent or a corporate body
  • if the buyer and seller previously signed a similar contract for the same land
  • Protecting Your Investment

A Conveyancer will need to make all relevant checks and searches on the land that is being purchased to make sure that the property in the Contract is the one being sold and is in the condition stated by the Vendor. Your Conveyancer will make any of the following checks and searches for you, as required by the property you are purchasing:

  • Obtain a Land Information Certificate from local Council disclosing information such as the yearly rate amount, any arrears by the Seller and whether the property has a flood level.
  • Building Certificate from local Council disclosing information on permits issued for the property in the previous 10 years
  • Information Statement from the local Water Authority (disclosing information regarding rates, arrears and any encumbrances
  • Land Tax Certificate disclosing any Land Tax the Seller must pay by settlement
  • Planning Certificate advising the zoning of the property and any overlays
  • Vic Roads Certificate advising of any proposed road works in the vicinity of the property
  • There are circumstances where the seller may not disclose all information to you, and this is why your Conveyancer plays such an important role in ensuring your investment is protected by making all the necessary checks on the property you are buying.

Do I really need a Conveyancer?

The buying or selling of property is complex and risky. The good news is that having a Conveyancer act on your behalf virtually guarantees that your transaction will be a smooth process.

A Conveyancer is crucial in advising you and ensuring your investment does not fall prey to risk.

Brarkman Pty Ltd maintains Professional Indemnity Insurance for Ballarat & District Mobile Conveyancing, covering against Civil Liability in connection with all conveyancing work.