I've bought a house; do I need a conveyancer? Your guide to property conveyancing
Congratulations! Your offer has been accepted on your brand-new home. Whether you are buying your first property, moving somewhere new, or adding to your existing portfolio, buying a house is an exciting milestone. Once the excitement settles however, most people quickly realise there is a significant amount of work to do before settlement. So the next question is, do I need a conveyancer? This is why contacting an experienced conveyancer is your next step.
The legal process behind transferring ownership can be complex, time sensitive and full of potential error. Our conveyancing team at Maddens Lawyers has been supporting buyers across South West Victoria for many years. We guide them through each stage of the transaction and help them understand their responsibilities and requirements.
If you have just secured your dream home, now is the perfect time to understand what comes next and how our conveyancers can help.
What does a conveyancer do and why do you need one?
A conveyancer is a professional who specialises in property transactions and manages the legal transfer of property from one party to another. Victorian property law contains many requirements that buyers must meet before the transfer can be complete. Often these are missed or misunderstood, resulting in costly delays or even the loss of your deposit.
Having a trusted conveyancer is important as they can advocate for you throughout the buying or selling process. They will review the contract of sale, explain your rights and obligations, conduct title searches, liaise with your lender and ensure that the settlement occurs smoothly. At Maddens Lawyers, our conveyancers work closely with our broader property and agribusiness teams, which is particularly valuable for buyers purchasing rural and regional land where additional legal considerations can apply.
If you are thinking of buying property but unsure if you need a conveyancer, the answer is always yes. Utilising a conveyancer can ensure your purchase is legally sound from the beginning.
When should you engage a conveyancer?
The earlier you seek advice, the better protected you are. The conveyancing process can be broken down into several key stages. The below timeline sets these stages out.
1. Before you buy: Understanding the property
Before signing anything, it is important to fully understand what you are buying. Every property carries its own set of considerations, some of which may impose restrictions or obligations on you as the new owner. These could include:
- Easements limiting how you use parts of the land
- Zoning or planning restrictions
- Buying into an owners corporation
- Flood and fire risk
- Fencing responsibilities
- Environmental concerns such as soil and groundwater contamination
- Heritage listings
For rural buyers, these issues can become more significant. If you are buying a farming property, acreage or property with water entitlements, our agribusiness team is well placed to help you by providing additional guidance to ensure you understand the full scope of your purchase. Our Managing Partner, Fiona Giblin, is recognised in Doyle's Guide as a leading agribusiness lawyer.
Click here to view a checklist that aims to help you determine if any of these issues will affect your purchase.
2. Reviewing the contract of sale
Once your offer has been accepted, the formal conveyancing process begins. This is where we step in to review the contract of sale and the Section 32 (vendor statement). These documents outline the terms of the purchase, including settlement timeframes, special conditions, inclusions and exclusions, and any disclosures the vendor is required to make.
If anything needs to be clarified or negotiated, we will handle this on your behalf.
3. Conducting due diligence
After the contract is signed, we will begin the due diligence phase. This involves us conducting a series of searches and enquiries to uncover any hidden issues that could affect your ownership or the value of the property.
Common searches we will conduct include:
- Title searches
- Planning and zoning
- Land tax checks
- Water authority information
- Easement checks
- Heritage and environmental overlays
- Road access and boundary checks
For rural properties, additional checks such as agricultural use restrictions and fencing obligations may be required. Our agribusiness team will work closely with our conveyancers to ensure rural buyers receive comprehensive and tailored advice.
During this stage, we also coordinate building and pest inspections which can identify any structural damage or issues, and any pest problems.
4. Financing and working with your lender
Once the due diligence is underway, your lender will begin to prepare your loan documents. We can help in this stage by liaising with your bank or broker to ensure all your paperwork is completed correctly and on time.
We can also confirm settlement figures, coordinate the transfer of funds and ensure your lender has everything they need to proceed with your loan. This ensures your settlement stays on track and reduces the risk of any delays.
5. Preparing for settlement
As settlement approaches, we will complete final checks and ensure everything is ready to finalise the transfer of ownership. This includes confirming that all conditions of the contract have been met, coordinating with the vendor's conveyancer, preparing the transfer documents, confirming the final settlement amount and ensuring the funds are ready to transfer.
On settlement day, we will attend to the electronic settlement process through PEXA and ensure all documents are signed, funds are transferred and the title is updated.
If you are nearing settlement and need some support, our conveyancing team is ready to help.
Why choose Maddens Lawyers as your conveyancer?
Maddens Lawyers has been supporting buyers and sellers across South West Victoria for decades. Our conveyancers understand the unique challenges of purchasing property in regional and rural areas, and we pride ourselves on delivering clear, practical advice, ensuring clients feel supported and confident in their property buying journey.
Our team offers local knowledge and experience, support for residential, commercial and rural property purchases, access to specialist agribusiness and property law and a stress-free settlement process.
If your offer has been accepted or you are looking at properties, now is the perfect time to engage a conveyancer. Early advice can save you time, money and stress. Maddens Lawyers is here to support you from the moment you begin your property search to the day you receive your keys.
Contact our conveyancing team today.
