5 reasons why you need a lawyer to perform your conveyance
By Boutique Melbourne Lawyers|June 03, 2014
5 Reasons Why You Need a Lawyer to Perform Your Conveyance
Before you make a decision, you should know that the process of transferring property ownership from vendor to purchaser can be quite complex and is fraught with peril.
Here are 5 reasons why a lawyer is best suited to perform the task:
1. Specialised knowledge
A conveyance is a legal transaction and, therefore, should be performed by a lawyer that has specialised knowledge of the process. This is particularly important because a conveyance creates a legally binding relationship between a vendor and purchaser and gives rise to legally enforceable rights. So, you want to make sure you get it right.
Further, unlike a conveyancer, a lawyer can assist you with more than just your conveyance. For example, if you have been appointed executor of an estate and need to sell a property, a lawyer may be able to advise you on your duties as an executor as well as assist you with obtaining a grant of probate so that you can perform the conveyance. Note, a conveyancer cannot do this because they do not have the required knowledge of the law and, more to the point, are not allowed to provide legal advice.
Another thing worth noting is that lawyers have an obligation to keep up to do date with changes to the law and current matters. This is not required of a conveyancer, and so, your conveyance may not be performed correctly.
2. Training
In addition to having specialised knowledge, a lawyer will have undertaken practical legal training in property and contract law, tax, equity and deceased estates. This is very handy as one or more of these areas of law may be applicable to your conveyance.
Conversely, a conveynacer will have only undertaken training in conveyancing, and as mentioned, cannot assist you with anything else.
3. Good value for money
Unlike a conveyancer, when you employ a lawyer to perform your conveyance, a full legal service will be provided to you. This means one-on-one consultations, sound legal advice, attention to detail and more importantly, peace of mind. While this may cost you slightly more than what you would pay a conveyancer, remember, you are getting good value for money.
Another thing worth noting is that lawyers are very good at spotting issues before they come to fruition. This is important because you may find yourself seeking legal advice about an issue that was missed by your conveyancer.
As the saying goes, ‘Don’t be penny wise, pound foolish’.
4. You’re protected
Now, if you’re thinking of doing your own conveyance, perhaps you should reconsider. Again, it may be cheaper, but know that if you make an error, you will be held personally liable and will have to compensate the other party for any loss or damage they have suffered. You may even be forced to proceed with the transaction, even though you don’t want to.
To avoid this, you need to employ a lawyer. This is because he or she will have professional indemnity insurance that will protect you from any personal claims made against you
5. Results
Sure, conveyancing can be stressful. There are demands, deadlines and long hours involved. A vendor wants to be 100% certain that their property has been sold, while a purchaser wants to be 100% certain that they have acquired ‘good’ title. A lawyer knows this and because they are held to a higher standard of ethics and professionalism than any other professional, rest assured, you will get results.
So make sure you make the right decision and get a lawyer to perform your conveyance. CALL BOUTIQUE LAWYERS ON 1300 556 130 or email us at
OTHER SERVICES WE OFFER
Building and Construction law
Advice on Building Contracts
Home Warranty Insurance Claims
Arbitration & Mediation
Debt Recovery
Litigation
Insolvency & Bankruptcy
Tribunal & Court Attendance
BOUTIQUE LAWYERS GUARANTEED CONVEYANCING SERVICES
50% off if you don’t get it in 24 hours
Boutique Lawyers offers a fixed fee as well as a 24 hour service guarantee.
Don’t loose a sale because you have not prepared your section 32!
We guarantee that we will have your section 32 ready and to you within 24 hours of our office receiving all required documents or else you will receive 50% off our fixed fee price (provided that you provide our office with a copy of an active Owner’s Corporation Certificate if this applies to your property). We won’t charge you for our services until your property has sold and should your property fail to sell we will only charge you our out of pocket fees!
Selling
Private Sale: $880.00 including GST and disbursements
Auction: $990 inc GST and disbursements
Purchase
Residential $990.00 inc GST and disbursements
The only increase in the fees quoted above is in the instance where your property is subject to an active Owners Corporation and our office has had to obtain a copy of the Owners Corporation Certificate. In this case our fees are below $200 for obtaining the certificate.
Property Services we offer
Sales and Purchases of General Law Land
Lodgments and Withdrawal of Caveats
Transfer of Ownerships
Subdivisions
Refinances
Removal of Restrictive Covenants
Application for lost title
Joint Venture Agreements
Options to Purchase Land
Commercial Leases
Before you make a decision, you should know that the process of transferring property ownership from vendor to purchaser can be quite complex and is fraught with peril.
Here are 5 reasons why a lawyer is best suited to perform the task:
1. Specialised knowledge
A conveyance is a legal transaction and, therefore, should be performed by a lawyer that has specialised knowledge of the process. This is particularly important because a conveyance creates a legally binding relationship between a vendor and purchaser and gives rise to legally enforceable rights. So, you want to make sure you get it right.
Further, unlike a conveyancer, a lawyer can assist you with more than just your conveyance. For example, if you have been appointed executor of an estate and need to sell a property, a lawyer may be able to advise you on your duties as an executor as well as assist you with obtaining a grant of probate so that you can perform the conveyance. Note, a conveyancer cannot do this because they do not have the required knowledge of the law and, more to the point, are not allowed to provide legal advice.
Another thing worth noting is that lawyers have an obligation to keep up to do date with changes to the law and current matters. This is not required of a conveyancer, and so, your conveyance may not be performed correctly.
2. Training
In addition to having specialised knowledge, a lawyer will have undertaken practical legal training in property and contract law, tax, equity and deceased estates. This is very handy as one or more of these areas of law may be applicable to your conveyance.
Conversely, a conveynacer will have only undertaken training in conveyancing, and as mentioned, cannot assist you with anything else.
3. Good value for money
Unlike a conveyancer, when you employ a lawyer to perform your conveyance, a full legal service will be provided to you. This means one-on-one consultations, sound legal advice, attention to detail and more importantly, peace of mind. While this may cost you slightly more than what you would pay a conveyancer, remember, you are getting good value for money.
Another thing worth noting is that lawyers are very good at spotting issues before they come to fruition. This is important because you may find yourself seeking legal advice about an issue that was missed by your conveyancer.
As the saying goes, ‘Don’t be penny wise, pound foolish’.
4. You’re protected
Now, if you’re thinking of doing your own conveyance, perhaps you should reconsider. Again, it may be cheaper, but know that if you make an error, you will be held personally liable and will have to compensate the other party for any loss or damage they have suffered. You may even be forced to proceed with the transaction, even though you don’t want to.
To avoid this, you need to employ a lawyer. This is because he or she will have professional indemnity insurance that will protect you from any personal claims made against you
5. Results
Sure, conveyancing can be stressful. There are demands, deadlines and long hours involved. A vendor wants to be 100% certain that their property has been sold, while a purchaser wants to be 100% certain that they have acquired ‘good’ title. A lawyer knows this and because they are held to a higher standard of ethics and professionalism than any other professional, rest assured, you will get results.
So make sure you make the right decision and get a lawyer to perform your conveyance. CALL BOUTIQUE LAWYERS ON 1300 556 130 or email us at
OTHER SERVICES WE OFFER
Building and Construction law
Advice on Building Contracts
Home Warranty Insurance Claims
Arbitration & Mediation
Debt Recovery
Litigation
Insolvency & Bankruptcy
Tribunal & Court Attendance
BOUTIQUE LAWYERS GUARANTEED CONVEYANCING SERVICES
50% off if you don’t get it in 24 hours
Boutique Lawyers offers a fixed fee as well as a 24 hour service guarantee.
Don’t loose a sale because you have not prepared your section 32!
We guarantee that we will have your section 32 ready and to you within 24 hours of our office receiving all required documents or else you will receive 50% off our fixed fee price (provided that you provide our office with a copy of an active Owner’s Corporation Certificate if this applies to your property). We won’t charge you for our services until your property has sold and should your property fail to sell we will only charge you our out of pocket fees!
Selling
Private Sale: $880.00 including GST and disbursements
Auction: $990 inc GST and disbursements
Purchase
Residential $990.00 inc GST and disbursements
The only increase in the fees quoted above is in the instance where your property is subject to an active Owners Corporation and our office has had to obtain a copy of the Owners Corporation Certificate. In this case our fees are below $200 for obtaining the certificate.
Property Services we offer
Sales and Purchases of General Law Land
Lodgments and Withdrawal of Caveats
Transfer of Ownerships
Subdivisions
Refinances
Removal of Restrictive Covenants
Application for lost title
Joint Venture Agreements
Options to Purchase Land
Commercial Leases
