FAQ's

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FAQ’s

Below is a list of frequently asked questions but if you have a specific question you would like to know more about, we are always here to answer your questions about buying and selling property.

When should I talk to a conveyancer?

The earlier the better! You don’t need to wait until you are ready to sign a contract – it makes sense to select your conveyancer as soon as you decide to buy or sell. And never sign anything before you’ve asked for your conveyancer’s advice – it is always better to be safe than sorry!

What does a Conveyancer do?

A conveyancer is responsible for ensuring that property is legally transferred from the Vendor (selling the property) to the Purchaser (who is purchasing the property). We protect the interest of the Vendor and Purchaser and ensure that the property is settled in accordance with the sale contract.

What costs are associated with the purchase of a residential property?

The main costs are:
Stamp Duty on Transfer
Lands Titles Office registration fee on Transfer
Conveyancing fees
Search costs and disbursements
Adjustments of Rates and Taxes
Finance fees and charges.

What costs are associated with the sale of a property?

The main costs are:
Loan repayments to a mortgagee
Real Estate Agent commission and expenses
Conveyancing fees
Search costs and disbursements
Adjustment of Rates & Taxes (Council rates and Emergency Services Levy have to be paid by the Vendor to the end of the financial year and the purchaser credits the vendor for the days of the financial year they are going to own the property. SA Water is paid to the next quarter)

Does Nicole have Professional Indemnity Insurance?

Yes, I have professional indemnity insurance to protect the vendor/purchaser.

Is Nicole a member of the Australian Institute of Conveyancers (AIC)?

Nicole is a member of the AIC and attends frequent industry seminars to update her knowledge (she is a Certified Pracitising Conveyancer – see AIC website.)

What is the Verification of Identity process?

From the 28th April 2014, the government has introduced a policy to minimise the possibility of fraud in land transactions. Parties to various transactions must undergo a process to verify their identity. The process involves a face-to-face in-person interview at which particular documents are produced to verify the identity. Your Conveyancer must give a certificate on the document lodged with the Lands Titles Office in relation to that process.

Who may perform the verification of identity?

The face-to-face in-person interview may be performed by your Conveyancer or a person appointed by them as Agent to undertake the verification on their behalf. The classes of persons who may perform the process is limited and do not include real estate agents. Your Conveyancer will advise you if it is intended to use an Agent. You should also advise your Conveyancer if you will be away from your home for any significant period before settlement.

What is the verification process?

The verification process involves you attending a face-to-face in-person interview with your Conveyancer or their Agent. At that interview, you must produce particular documents that verify that you are the person you purport to be. There are various Categories of documents that you may produce but you must produce:
the highest category of documents possible, and
all documents from that Category.
The various Categories of Documents are set out below.

The person conducting the interview is required to take copies of these documents.

If you are unable to produce your passport or driver’s licence or form of photographic proof of age card, you need to be accompanied by some-one (called a Declarant) who can identify you. Details of that additional process are set out below.

If you are not an Australian citizen or resident, limited categories of Documents may be used. Details are set out below.

Category 1: A Passport plus either an Australian driver’s licence or Proof of Age Card (photo)
Category 2: A Passport plus
a full birth certificate, citizenship certificate or descent certificate, and
a Medicare, Centrelink or Department of Veterans’ Affairs card.
Category 3: An Australian driver’s licence or form of photographic Proof of Age Card plus
a full birth certificate, citizenship certificate or descent certificate, and
a Medicare, Centrelink or Department of Veterans’ Affairs card.
If you cannot provide the above documents please contact your Conveyancer who will advise what other documents to produce.

There is a fee of $55.00 per person to be identified payable at time of Verfication.

Should the buyer and seller use the same conveyancer?

It is quite legal to use the same conveyancer and can often appear convenient to do so. However, the Institute does not recommend doing so in most transactions. Remember that your conveyancer is there to work for you and be your advocate, not just stamp some forms and fill in the blanks. A conveyancer acting for both buyer and seller must cease to act if a conflict of interest arises (for example if the same advice cannot be given to both parties). Conflicts can arise over all sorts of issues such as a delayed settlement or unfulfilled special condition. It is generally impossible to predict when this may happen. The savings from using the same conveyancer are small but the risks are potentially huge. Significant delays often occur if the conveyancer must cease to act in a transaction. Ask yourself if you’re really comfortable using the same person as the other party or if you would feel better working with your own conveyancer.

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