CONVEYANCING PART 3 ‘Choosing the Right Conveyancer’

1. CERTIFIED PRACTISING CONVEYANCER — CPC

Ensure the Conveyancer you choose is a CPC — this means they have undertaken all the requirements as set out by The Australian Institute of Conveyancers NSW Division (AIC) and have received CPC accreditation.

A CPC accredited Conveyancer is entitled to display the CPC LOGO this is a quality mark “highlighting a conveyancer’s professional excellence and their commitment to providing a high-quality service; to assure potential clients that the conveyancer they choose has the appropriate knowledge, skills and experience and to boost public awareness of the need to choose their conveyancer carefully.” AIC

2. MEMBER OF THE AUSTRALIAN INSTITUTE OF CONVEYANCING NSW DIVISION (AIC)

If the Conveyancer you choose is a member of the Australian Institute of Conveyancing NSW Division (AIC) they have chosen:

1. They have participated in a compulsory professional development program;
2. They will hold professional indemnity insurance for your protection;
3. They must participate in a Risk Management Program;
4. They will offer professional service and advice based on up to date information;
5. They have the support needed to act competently and professionally in that one aspect of law enabling them to provide accurate knowledge about current legislation, regulations and other essential property updates that may affect your conveyance.

According to the AIC they receive very few complaints about AIC Members, this is very positive as it reveals their members are more likely to be diligent and conscientious in handling the conveyance resulting in a problem-free (pre and post) settlement.

HOW DO YOU SELECT A CONVEYANCER?

Do your research and ask relevant questions, for example:

1. How long have you been practising?
2. What are your qualifications?
3. Are you CPC accredited (refer above)? is the CPC Logo displayed?
4. Are you a current member of the Australian Institute of Conveyancers NSW AIC?
5. Do you have property experience?
6. Do you hold current professional indemnity insurance?
7. Have you ever had any malpractice suits?
8. Are you up to date with developments and technology in order to deliver the best service?

Fees and Charges

• Your Fees?
• What do they include?
• Are there any extra outgoings that may arise?
• What are the Government fees?

Can I speak with your Clients? — this is extremely important — take the time to talk to Clients and listen to their experience with the Conveyancer, these testimonials will reveal a lot about who you intend to engage for your conveyance.

ITEMS THAT MUST BE COVERED DURING THE CONVEYANCE

It is essential you ask your Conveyancer if these items will be handled …

• Government authority proposals
• Local council and state government compliance
• Any DA’s in the area and surrounds that may affect the property
• Condition of the property as regards building and pests
• Surveys
• Leases
• Strata reports
• Easements and covenants
• Mortgages
• GST
• Land tax, council and water rates

GARTH BROWN COMMENTS

I have related previously that I hear many stories about conveyancing gone wrong especially post-settlement and they usually stem from vendors (both buyers and sellers) who have chosen their Conveyancer based on price rather than on their qualifications, experience and reputation.

As in all business dealings when employing a Conveyancer the maxim “ Caveat Emptor “ applies, it is up to the vendor to ensure they know who they are working with before they commit.

Always work with a CHECKLIST (refer above) when dealing with your Conveyancer and do not be afraid to ask questions.

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Originally published at https://propertyupdate.com.au on September 20, 2015.