Real Estate Investor Magazine December/January Edition 2024 | Page 24

Answer from Bruno Simao

Conveyancers are specialised attorneys responsible for managing the legal, administrative, and financial steps required to transfer property ownership from the seller to the buyer. They ensure compliance with the sale agreement, handle the necessary paperwork, and most importantly, ensure that you, as the seller, are paid.
Why does the seller have the right to choose the conveyancer? While it is possible to agree otherwise, there are several reasons why you should retain the right to appoint your own conveyancer:
Your Property, Your Risk: As the seller, you hold the ultimate responsibility for the accurate and timely transfer of ownership. Although the buyer typically covers the conveyancer’ s fees, it’ s you who needs to safeguard your financial interests throughout the process.
Control of the Process: Having your own conveyancer means you can monitor the progress and ensure the sale moves forward efficiently. If the buyer delays payment or faces issues with bond approval, your attorney can take swift action to protect your interests.
Protection of Your Financial Interests: A buyer-appointed conveyancer, while impartial, may not prioritize your financial security as much as your own attorney would. This can leave you vulnerable to complications or delays. How to choose a conveyancer:
Experience & Proactivity: Choose a conveyancer with experience and a proactive approach to avoid potential delays. An experienced attorney will identify issues early and resolve them quickly.
Clear Communication: Regular updates and clear communication ensure you’ re informed and reduce confusion during the transfer process. Attention to Detail: Legal property transfers are complex. A meticulous conveyancer ensures accuracy and compliance to avoid delays and costly mistakes.
Cybersecurity: Given the rise in email fraud and cybercrime targeting property transactions, ensure that your conveyancer has robust security measures in place to protect your information and funds. When to involve your conveyancer? It’ s best to involve your conveyancer as early as possible. Ideally, consult with them before you even list your property. This allows them to guide you through the sale, review offers, and ensure that the sale agreement is fair and legally sound before you sign.
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