Answering Some Common Questions About Real Estate Conveyancing
Conveyancing refers to the process of signing over real estate from one party to another; this can refer to a real estate purchase or sale, or it can refer to signing over real estate to a family member, without money being exchanged. If you're looking to buy or sell a home or other piece of property, note a few commonly asked questions about this conveyancing process, and then discuss your options for a purchase or sale with a conveyancer as needed.
What is the difference between a verbal and written offer?
When you put something in writing, you are often legally obligated to stick to those words; this is usually true when it comes to an offer to buy a piece of property. Your real estate agent might discuss a verbal offer with the seller, to see if they would be interested in accepting your price range, just as part of the shopping process for you, the buyer. However, putting the offer in writing often means that you're obligated to purchase the property if that offer is accepted. Ask your real estate agent or conveyancer about these differences for your buying process in particular, so they can inform you of your obligations during the negotiating process.
Who gives advice on real estate contracts, the agent or the conveyancer?
Neither a real estate agent nor a conveyancer should be giving actual legal advice about any matter; only a real estate lawyer should ever give you actual legal advice about real estate. This includes advice about contracts, your legal responsibilities for land cleanup or easements, and the like. A real estate agent or conveyancer may inform you of certain details regarding a purchase or sale, such as how long you have to sign a contract or if there is a "cooling off" period for buyers, but consult with an attorney if you need actual legal advice about a purchase or sale.
Can a conveyancer speed up the process of buying or selling?
A conveyancer doesn't have any legal right or means to hurry along a buyer or seller during the negotiating process, but their services can help you to avoid delays. For example, they are very skilled at pulling up certain searches related to the property, and in following up on contracts and paperwork that need to be signed. Their diligence and communication between all parties involved can make the process as smooth as possible for everyone, which can often mean a faster closing on that property.
