When you are buying a property, it is necessary for all the paperwork to be completed and all the promises fulfilled in the contract for the sale of the property.   Such work is known as Conveyancing.  You can employ a licensed settlement agent or a lawyer with a current practicing certificate in law to attend to all these details on your behalf.

The main difference between employing a Settlement Agent as opposed to a lawyer is that Settlement Agents are not qualified to give you legal advice.  However, a settlement agent is required by law to let you know when it is a good idea to get legal advice.  It is a good time to think about employing a settlement agent or a lawyer when you make the decision to start looking at properties.

Role of the Conveyancer

The following are some typical things you can expect from a Conveyancer.

•  Settlement agents must be licensed by the Settlement Agents Supervisory Board to operate as a real estate settlement agent in Western Australia.

•  Lawyers must have a current practicing certificate in law from the Legal Practice Board to perform conveyancing in Western Australia.

•  If using a settlement agent, you must be given an Appointment to Act form, that you and the settlement agent need to sign, that authorises him/her to act on your behalf.

•   A settlement agent must tell you when it is a good idea to get some legal advice about buying a property.

•    If someone who is involved in buying or selling the property, such as the real estate agent or bank that is lending you money, suggests that you use a particular settlement agent, they must give you a form for you to sign that explains your rights.

•  NOTE:  you do not have to use a particular settlement agent because someone else has suggested or recommended you do so.

    The Conveyancer:

•   Ensures the completion and lodgment of documents to transfer the details of ownership on the certificate of title;

•   Makes necessary enquiries, such as title, rates and zoning;

•    Double checks that all inspections and other special conditions in the contract have been completed prior to settlement and ensures that their client is satisfied that the conditions have been met;

•    Requests funds to proceed to settlement; and

•   Attends settlement on your behalf.

•    The Conveyancer should keep you informed about the progress of buying your property and let you know about any problems.

•   You are free to choose or change your Conveyancer at any time.  However if you do, you may be required to pay some money to any previous Conveyancer for the work already done on your behalf.

   There are some things to remember about the role of a conveyancer:

•    If using a settlement agent, he/she cannot give you legal advice.

•    If using a settlement agent, he/she cannot act for both the buyer and seller UNLESS YOU AND THE SELLER GIVE THE SETTLEMENT AGENT PERMISSION TO DO SO ON THE APPOINTMENT FORM.

•    A conveyancer must not act (or continue to act) for you if he/she can’t look after your best interests because he/she has other (opposing) interests in the transaction.