Services Conveyancing

Conveyancing involves transferring ownership of a legal title of land from one person or entity to another. It includes the drafting of all relevant legal documents necessary for the transaction.

This will ensure that the property being transferred includes the security of land title and all of its associated rights, and that any land restrictions are being brought to attention before the purchase.

Both a solicitor and a licensed conveyancer can manage conveyance. However, whereas a conveyancer specialises in conveyancing, a solicitor has wider legal expertise and can therefore advise on related issues and offer a broader insight into potential implications, for example on tax.

In general, the conveyancing process can be completed in four to six weeks, during which time your solicitor will perform a number of legal requirements in real estate transactions, including: title searches, checking restrictions on the property, handling councils and preparing legal documents.

However, please note that conveyancing transfers can range from taking two weeks to six months depending on the complexity of circumstances and the parties involved.

At O’Brien Winter Partners, we offer a fixed-price conveyancing service. In addition to our fixed price, you must pay for legally-required property searches.

Our team will advise you of which searches are applicable to your conveyance matter, informing you of their associated costs along the way.

Yes. In New South Wales, it is a legal requirement to engage a conveyancer before you put your house on the property market.

Yes. We strongly recommend seeking the services of a conveyancer before you put an offer on a house. A conveyancer will complete a thorough pre-purchase review of the Contract of Sale to ensure you know exactly what’s involved before you progress with the purchase.

If you are selling your property, you are required to include the following searches in the Sale of Land contract:

• Title Search
• Deposited Plan
• Sewer mains and connections diagram
• Local council planning certificate

We also recommend that every vendor client includes any occupation certificates, surveyor reports, building certificates and mine subsidence certificates they may have in their possession.

When you are purchasing a property, we will order searches to identify the council rates, water rates, strata rates and land tax that are associated with the property. Adjustments will be made to ensure the vendor is responsible for paying rates prior to the day of Settlement, and following this the purchaser will be responsible for paying all applicable rates.

If you are purchasing a property, we strongly recommend organising a pest and building inspection before entering into a Contract of Sale.

O’Brien Winter Partners has built strong relationships with local inspectors in Newcastle, the Hunter Valley and Central Coast, who can advise of any potential issues with a property before you make an offer.

While you are not required under law to engage a conveyancer when remortgaging, we highly recommend doing so.

If you choose to remortgage a property, you must follow a specific legal process to transfer your mortgage to the new lender. A conveyancing lawyer can advise you throughout this complex procedure, ensuring the loan will be transferred correctly.

Yes. The conveyancing and commercial law team at O’Brien Winter Partners are able to assist with commercial sales, purchases and leases.

Our experience in both areas of law assist us in providing a high level of services to all of our clients, whether the conveyancing transaction be for personal or commercial purposes.

In short, two copies of the Contract of Sale are prepared, with the potential purchaser signing one copy and the vendor signing the other after accepting their offer. Exchange of Contracts is the stage of a conveyancing transaction whereby your solicitor will trade your signed contract for the signed contract of the other party.
Please be aware that the purchaser does not own the property until settlement.

Yes. Each Contract allows for the purchaser to pull out of the conveyance transaction within five business days from the date of Exchange – a period referred to as the ‘cooling off period’.

However, there is no cooling off period in certain circumstances. For example, if the property is sold by public auction or the vendor issues a certificate that waives this right.

Settlement is the day in which the Contract of Sale is completed and property ownership officially transfers to the purchaser. At Settlement, the vendor receives their money and the purchaser receives the certificate of title and the keys. Note that the purchaser and the vendor are not required to attend settlement.