"A man's home is his castle." (Sir Edward Coke, English common law ruling, 1604)
Of course, what we all want to hear at the end of our house-selling journey is something like this: "Congratulations! You sold for a good price, the buyer's taken transfer and you've been paid the purchase price. Time to pop the bubblyđž".
Having your sale go this smoothly is about a lot more than just finding the right buyer at the right price. It's also about navigating a complex legal process to ensure a smooth and timely transfer of ownership.
A critical part of this journey is choosing a conveyancer ("transferring attorney") to handle the transfer for you. Many sellers don't realise that this choice is theirs to make - but it is. So don't listen to anyone who tells you otherwise!
Why do you need a conveyancer in the first place?
Conveyancers are the specially qualified attorneys who oversee all the administrative, legal and financial steps required to transfer property ownership from sellers to buyers in the Deeds Office. They ensure that everything is done correctly, that the terms of the sale agreement are complied with, and - most importantly from your point of view as seller - that you get paid.
Why does the seller get to choose?
While there's nothing in law to stop you from agreeing otherwise, there are good reasons why you should never give up your right to choose your own attorney:
How should you choose and appoint the conveyancer?
When choosing a conveyancer, here are some factors to consider:
The formal appointment is made in the sale agreement (often initially titled "Offer to Purchase"). Pay particular attention to the clause specifying which firm of attorneys is to be appointed. As we suggest below, sign nothing until we've checked the document for you, together with all the other terms and conditions.
When should you bring us into the picture?
It's never too early! Ideally call us when you first decide to sell so that we can guide you through everything from the initial steps of finding a buyer, right through to signing the sale agreement and then navigating the transfer process.
It's particularly important that you have us review any offer to purchase you are given before you sign it. We'll ensure that it's legally sound and fair to you, and we'll help you understand any unique terms or special conditions included in the sale agreement.