Should I Get a Conveyancer Before Making an Offer?

Buying a home is one of the biggest financial commitments you’ll ever make, and there’s a lot more to it than signing on the dotted line.

That’s where a conveyancer comes in.

A conveyancer or property settlement agent’s job is to manage the legal transfer of property ownership from the seller to the buyer and ensure the conveyancing transaction meets all legal requirements.

A qualified conveyancer checks every part of your contract and the property’s title to make sure there are no hidden problems. They’ll confirm that the seller has the legal right to sell the property, review any restrictions, easements, or caveats, and ensure all documents meet the legal documentation standards under the Settlement Agents Act 1981 (WA).

While real estate agents help to manage the selling process, they cannot give legal advice or represent you in matters that could affect your financial interests or ownership rights. The main benefit of using a licensed professional is ensuring your interests are properly protected and that you’re not signing anything that could lead to legal issues, hidden costs, or future disputes.

The team at Lotus Legal are lawyers, rather than general conveyancers. We are well-equipped to protect your rights and handle any legal disputes that may arise during your property purchase. To find out more, contact a member of our team today.

The Benefits of Having a Conveyancer Before Making an Offer

When you find a property you love during your property hunt, it’s easy to want to make an offer straight away. But engaging a conveyancer early can protect you from costly mistakes later and help you make an informed decision.

Reviewing Your Offer and Acceptance

A licensed conveyancer (or settlement agent) can review your Offer and Acceptance (O&A) form before you sign, explaining any legal jargon in clear, easy-to-understand terms and ensuring the document accurately reflects your intentions as a buyer. This early review helps you avoid signing anything that could limit your rights or expose you to unnecessary risk.

Add Buyer-Friendly Conditions

Your conveyancer can help you include essential special conditions such as being subject to finance approval, building or pest inspection, and council or strata approvals where relevant. These conditions give you flexibility and protection if something unexpected arises, such as structural issues, unpaid rates, or a finance issue that appears after the offer.

Identify Red Flags

Before you commit, your conveyancer can identify red flags such as easements or encumbrances and notifications recorded on the title that may affect how the property can be used. They can also highlight any strata by-laws or fees that apply to units or apartments, as well as unregistered interests or title issues that could delay settlement. Spotting these early allows you to renegotiate or walk away before you’re legally bound.

Property settlements can also be prime targets for fraud if not handled securely. A recent WA Government warning reported more than $700,000 lost in a single property payment scam, highlighting the importance of using licensed professionals and verified trust account processes.

Prevent Hidden Costs and Future Disputes

Fixing mistakes or omissions after signing a contract can be costly. A quick pre-offer review by your conveyancer can save you thousands in legal fees or lost deposits later. Getting early expert advice also helps you understand exactly what you’re agreeing to, reducing stress and uncertainty throughout the buying process.

Do You Need a Conveyancer to Buy a House in Australia?

While you do not need to hire a conveyancer when buying a property in Australia, it is highly recommended to avoid potential risks and costly errors.

In WA, there are various steps you need to take before you can finalise your purchase of a property. Some of these things include:

• Completing a detailed offer and acceptance form with transfer documents
• Checking titles, rates, strata records & zoning
• Adhering to strict legal timeframes for finance, inspections and settlement.

Missing even just one of these steps could lead to costly consequences. Buying a house is too significant to risk on guesswork. Hiring a qualified conveyancer or legal professional ensures that everything is done correctly, on time, and in line with WA property law.

How a Conveyancer Assists During the Home Buying Process

A good conveyancer is there for you throughout the entire property purchase process. They take care of the legal and financial side so you can feel confident with your property purchase.

Before Making an Offer

Before you put in an offer, your conveyancer will carefully review the offer and acceptance form before you sign to make sure that all of the information is in your best interests. They’ll explain the key terms and conditions in plain English to ensure that you know exactly what you are agreeing to.

Our property lawyers will also check the property title for restrictions, easements, covenants, notifications, or encumbrances that could affect its intended use. This due diligence is an essential part of avoiding problems later in the property transaction.

After Your Offer Has Been Accepted

Once your offer is accepted, the conveyancer coordinates communication between:

• Your real estate agent
• Your bank or lender
• The seller’s conveyancer or settlement agent

They’ll work with all parties to track important deadlines such as finance approvals, pest inspections, and special conditions, keeping the process running smoothly and ensuring all legal documents are in order before the settlement date.

Before Settlement

In the lead up to your settlement, your conveyer will:

• Ensure all of your documents and funds are correct and ready to go
• Calculated adjustments for any taxes, rates and utility bills
• Ensure that the seller has met all of the contract conditions

They will help to give you peace of mind that the process is progressing smoothly and help to prevent any last-minute delays.

At Settlement

On the day of settlement, your conveyancer will help you to complete the legal transfer of ownership, ensure payment is made safely and correctly and confirm that the property title is in your name.

Once all is finalised, you will officially be a homeowner.

Why Choose Lotus Legal?

Lotus Legal is a local family-owned legal practice based in Perth. Our legal services include property settlements, business settlements, property law, estate planning and deceased estates.

We take the time to explain legal jargon and contract terms in plain English, helping potential buyers and sellers navigate the legal documentation with ease. Our team provides invaluable advice to guide you through every step of your conveyancing transaction, ensuring your property sales or purchasing property journey is simple, compliant, and stress-free.

For expert advice, contact our team today!