What is Conveyancing?

Conveyancing is the legal term used to describe the transfer of a property from one owner (the Seller) to another (the Buyer). A typical conveyance is largely administrative, rather than legal, in nature.

When does it Start?

Usually after the Contract is signed by Buyer and Seller.  However, it is a good idea to get legal advise BEFORE you sign.  You normally have 30 to 60 days after the Contract is signed before the ownership changeover occurs (called 'settlement').

Conveyancing Time Line

 

What does the Buyer have to do?

A typical conveyance includes:

• Arrange Pest & Building inspections (optional)
• Arrange finance for the purchase (if required)
• Make up the transfer of ownership form - this is a standard form which is filled in by the Buyer.  It is signed by the Seller and the Buyer
• Pay stamp duty on the transfer form - the Buyer lodges the form with the office of State Revenue and pays stamp duty
• Order property searches
• Work out adjustments (eg for rates & water) to the purchase price with the Seller
• Attend at settlement to handover the cheques and collect the Title Deed

What does the Seller have to do?

A typical conveyance includes:

• Arrange release of your mortgage and pay out figure with your financier (if applicable)
• Sign the transfer forms submitted by Buyer
• Work out adjustments (eg. rates and water) to the purchase price with the Buyer
• Attend at settlement to collect the cheques and hand over the Title Deed

Need I be concerned about e conveyancing?

Over the last 10 years while our system has been serving the public with an almost completely online system, banks and government departments have spent millions of dollars developing the “Property Exchange Australia” platform (PEXA) which encourages solicitors and conveyancers to move their entire transactions online as well.

PEXA was designed to interact the “National E-Conveyancing Development Ltd” (NECDL). Australian banks have a 60% interest in this system and mortgagees may attempt to coerce you into using a solicitor or conveyancer connected to this system. Late 2018 PEXA was meant to be floated, this was cancelled and the consortium of Commonwealth Bank, Link Group & Morgan Stanley Infrastructure all increased their holdings, at a cost of 1.6 billion dollars.

There is no legal reason for you to comply. It remains your legal right to control your own conveyancing transaction and the Quicklaw Service remains a viable option, with the availability of Legal Support should you require it.

PEXA is intended to save money for banks and government departments, not you. Fees and charges from banks, solicitors or conveyancers are not expected to be affected in a way that benefits the consumer.

Enjoy your Quicklaw experience!

Is this service suitable for me?

This service is suitable for Torrens Title:

• QLD/NSW/VIC Residential property (house and land/vacant land or unit/townhouse).
• Queensland property which is freehold (not leasehold) OR NSW property which is freehold (not leasehold or Crown land) OR Victorian property which is freehold (not leasehold) and registered as Torrens title.  This means that there is one Certificate of Title showing ownership (as opposed to a bundle of documents as with old system title).  Most NSW properties have been converted to Torrens title.
• Transactions using the standard REIQ Contract for Houses and Land (15th ed) or for Units/Townhouses (11th ed) OR the standard REINSW Contract for the sale of land  2018) OR REIV Contract of Sale of Real Estate (2018 ed).
• The service is not suitable for buying businesses, farms or commercial property. If the property is acreage and purely land, then the service is suitable. However, if there is a business being conducted on the land (running cattle, machinery as part of the price, etc) or water rights, then the DIY service should not be used.
• You must be Australian citizens/permanent residents.

When do I start my conveyance?

For QLD (Purchase/Transfer/Sale) OR NSW (Purchase/Sale) OR VIC (Purchase/Sale)

BEFORE you sign a Contract: The Quicklaw conveyancing service provides you with important information on what to look out for in the Contract (things to include and to exclude), and other information, like a summary of the important terms in the Contract, and the other forms that the Agent may get you to sign. This is essential reading.

AFTER you sign a Contract: When you have signed a Contract to buy your house/land/unit, you need to follow the necessary steps laid out by the law, otherwise the Seller does not have to proceed with the settlement. The Quicklaw Conveyance process provides you with a thorough, and simple to understand guide on how to meet these requirements.

For NSW Conveyancing (Sale)

BEFORE YOU LIST YOUR PROPERTY FOR SALE: The Quicklaw conveyancing service provides you with everything you need to prepare your Contract for listing, including ALL necessary attachments (searches and special conditions).  You also get easy step-by-step information on how to list and how to exchange the Contracts and the whole conveyancing process up to and including completion.

BEFORE you EXCHANGE Contracts: Once you have signed a Contract to sell your house/land/unit, you need to follow the necessary steps laid out by NSW law, otherwise the Buyer does not have to proceed with completion. The Quicklaw Conveyance – Sale process provides you with a thorough, and simple to understand guide on how to meet these requirements up to and including completion, plus it creates all your letters and forms ready for signing.

 

For VIC Conveyancing (Sale)

BEFORE YOU LIST YOUR PROPERTY FOR SALE: The Quicklaw conveyancing service provides you with everything you need to prepare your Vendor's Statement/Contract for listing, including ALL necessary attachments (searches and special conditions).  You also get easy step-by-step information on how to list and how to exchange the Contracts and the whole conveyancing process up to and including completion.

BEFORE you EXCHANGE Contracts: Once you have signed a Vendor's Statement/Contract to sell your house/land/unit, you need to follow the necessary steps laid out by VIC law, otherwise the Buyer does not have to proceed with completion. The Quicklaw Conveyance – Sale process provides you with a thorough, and simple to understand guide on how to meet these requirements up to and including completion, plus it creates  your letters and forms ready for signing.

How long will it take to complete this Service?

Conveyancing is largely administrative - so the work you need to do largely involves making phone calls and sending off letters.  You will need to do some of this work even if you use a Solicitor - for instance, talking with your Bank, and some conversations with the Buyer/Seller and Agent.  So there is quite a bit of overlap.

If you are using our online service, allow around 5-7 hours of additional time to do your standard purchase and 3-4 hours for your sale.  This time will be spread out over the conveyancing period (which is normally 30 to 42 days long).

How secure is it?

 Your Security and Privacy is Important!  

Any details you insert are kept STRICTLY confidential.  These details will not be given out to any third party, unless you give us your specific written consent.

Our site is also protected by 256 bit strong encryption security for your further protection.

What do I need to use this Service?

The Quicklaw DIY conveyancing service is an interactive online service.  You receive all of your information and forms electronically through the service, which you then print as you require, or save.  The only exceptions are:

1. QLD & VIC REI contracts; and
2. For NSW Purchasers, the Notice of Sale form.

Quicklaw posts these to you when you request them as you go through the service.

You will therefore need to use a computer with Internet and Email facilities, and one that you can gain access to easily. That's because you will need to return to this service several times to complete the various steps.

Browser

The Quicklaw Service is best viewed using Internet Explorer as your browser, but you can also use Firefox or Chrome. Mac computers using a safari browser is not recommended and you can use Chrome or Firefox. The Navibar, collapsed text and Calculators may not work when using other browsers.  To find out what browser you are using, click here.

Software

Letters and documents that this service produces for you will be in Microsoft Word or Adobe Acrobat Portable Document File format (pdf). If required, download the latest Acrobat Reader software by clicking on the button below.  You will have the opportunity to do this throughout the site.

You will need to use a computer with Internet and Email facilities, and one that you can gain access to easily. That's because you may need to return to this service several times to complete the various steps.

Hardware

Although this service has been configured to run on most computers, we recommend that yours has the minimum of the following:

• Cable or wireless modem connection
• Pentium Central Processing Unit (CPU)
• 32 MB Random Access Memory (RAM)
• Best viewed at 800 x 600 pixels screen resolution

You will also need a printer (black and white is fine) in order to print letters, documents and other information that is generated by the service

Other

A credit or debit card in order to make payment for the service online or by phone.